Advice needed

[AndyPW]

Hi everyone

I'm new to the forum and I'm seeking advice. I have been looking through several threads and there seem to be alot of knowledgeable people so I hope you can help me.

I am from England and my partner is from Oregon USA. We have been together for over 12 months now. I am currently in the USA living with her and her family but I'm due to go home to England on the 24th July as CBP gave me a 3 month limit to my stay here.

Once I came to the USA back in May, we applied for the k-1 fiance visa on the form I-129f. We have yet to hear much info relating to the application although it's at the initial review stage and I was hoping that we would know more before my return to England.

What we would like to know is.. now that we have started the application for the k-1 fiance visa, am I allowed to travel back the the USA whilst the visa application is being processed etc? As we do not know how long it's going to take to be processed, but I am not technically a visitor now so would I need to complete any forms or is there anything I am supposed to do? I visited here last in November and completed an ESTA but as far as I'm aware, I am not technically a visitor any longer.

The reason I ask is because I got made redundant from my job in December but my partner is working full time and she can support us both. I am only hoping to go back to England for as short a time as possible, otherwise I would have to look for work as I will be living with my family.

I would appreciate any help you could give me or even any suggestions on places to look for info.

Many thanks

Andy

[wavedom]

Being a "visitor" or a "tourist" or something else has to do with the status under which you enter the US. If you travel on the Visa Waiver Program, you enter under VWP status (or whatever the official term is). When you get your K1 visa, you will enter under K1 status etc. As long as you don't actively change your status you will remain in that status until you leave the US (unless you break any rules). Filing a I-129F petition doesn't change anything, so you're still in VWP status until you leave the US.

Regarding going back to the US after the I-129F petition has been filed: Some people claim it's possible while other say that you shouldn't. Someone else with more information should answer that question.

[nichole]

Agree with wave---you are a visitor until you get a greencard. Then you are a lawful permanent resident LPR which allows you to stay as well as work. That will come after you enter the US on your K1, marry, file more papers, pay another $1070, and wait 5 months or so for approval.

There is no law or rule that says filing a petition precludes you from visiting the US on VWP. At the airport immigration they do NOT even know you've applied unless you tell them. It's not on their computers. I asked. Twice.

Any visitor can be denied entry by CBP and it's totally subjective if they think you are going to return home or not. You are advised to bring things that show you have ties to your country and will return.--Lease, letter from employer stating you are due back on ______, bank account statements, return ticket. Uni enrollment for the next term--things like that. My husband was never taken into secondary questioning and he visited several times, the last being two weeks before his interview in London.

So here's what one CBP officer told me makes them suspicious of people. Poorly dressed, coming for 90 days, looking like they can't afford a cup of coffee, no job, not in school---how are they going to afford a 90 day holiday?

Other things I have seen people put on the next plane back to London over:

• Staying 90 days, leaving for two weeks. coming back for 89 days, going into Canada for 3 days, coming back for 90 more days. It may not happen the first time, but it will catch up with you. CBP want's you to spend more time in your home country than in the US. VWP is for short visits, not a way to "live" in the US without going through proper immigration channels.
  
• Bringing over items in luggage that are inappropriate for a short holiday-- your entire CD collection, 50 pairs of shoes, tons of winter clothing in summer. Looks like a person moving, not going to Disneyland.
  
• Having resumes (CV) and job hunting things in luggage. Looks like you are going to be looking for work (illegally).

If any of the above resemble you then think about it. Get a job so you can pay your $350 visa fee, 210 pound medical fee, 35? pound police certificate, transportation to London twice, shipping fees or extra baggage fees to bring your stuff and $1070 for the greencard. Your petition fee is just the start.

I just wrote an over-view of the process timeframe and different steps in a recent post for a Danish fiance so you might want to look at that. Your embassy stage will take 2-3 months once it goes to London. Oregon will be California Service Center so the petition may just take 3 months to approval. They are approving some from the first of May right now.

We've all been separated from our loved ones waiting on immigration. It won't kill you.