CAN FIANCEE WITH TOURIST VISA WAIT IN THE U.S. FOR K1 APPROVAL

[darlandta 0]

My (foreign) girlfriend and I are forging ahead with applying for a K1 visa. She has a valid tourist visa, though, and planning to come back in June. Can we file for a K1 visa before June and still have her come to visit and/or wait for the K1 approval here in the U.S.? Or can she come here in June THEN we file the K1 visa while she's here and we wait it out together here in the U.S.? I apologize if this has been asked before, but i haven't seen a thread that explicitly deals with this (common, i would think) situation. Thanks!

[mariapoe 0]

I think that for K1 visa interview which will be scheduled after the I-129F approval, your fiancee will probably have to go back to her country. As for the valid tourist visa, I'm not sure if it's the same for all countries, but I've read on this forum that this is possible. There is some time restrictions though; I hope that other members will explain you better.

Good luck !

[Sylvia_n_Joseph 3]

Many get turned away because one the K1 is filed it is harder to show that you aren't intending to immigrate. It is a risk some take. I am not sure of what percentage get turned back. As for her coming here then filing and waiting. The current process is taking about 6 months just for the NAO2 and then longer for the rest. I doubt you have a visitors visa that would let her stay that long. There are also a few things she needs to gather for the interview , like a police certificate and the medical which she will need to be in her home country for.

[~Jackie~ 30]

What happens if they marry while she is here? Can they file and AOS and she wait here?

jackie

[KarenCee 3]

What happens if they marry while she is here? Can they file and AOS and she wait here?

jackie

I'm thinking that since USCIS knows the K1 has been filed, if they do that then it will look like intent to commit fraud maybe? AOS might be denied. I'm just guessing so don't anyone take my post to be the gospel truth. And yes, I am aware of what some people think of "guesses" on VJ. That wasn't aimed at you Jackie.

ETA: maybe instead of fraud I should say "intend to immigrate" might be a better phrase.

Edited February 17, 2008 by KarenCee

[msu17 0]

http://www.visajourney.com/forums/index.php?showtopic=67796. A lot of us with VWP come and visit during the process. Common wisdom is bring documents that you are returning home (rental agreement, letter stating you are returning for work, document from school etc.), if you have NOA1, bring that, don't pack everything you own and be able to afford the return ticket if you do have to go home/get turned away. My husband wasn't asked to show anything, but some people get grilled at entry, kinda luck of the draw. Keep in mind she will have to go home to fill out paperwork, get her medical and police cert and go for the interview. Good luck!

[MarkNAshley 0]

I stayed in the US for 4 months as my K1 was being processed and had no problems. My best advice is to make sure you have a round trip plane ticket with the return flight being within 6 months of when you come to visit. I had no problems at the border nor did I have any problems with my K1 case and no delays.

And in response to the "just get married here while the K1 is in process" idea...If they take this route the foreigner will ben forced to leave the US once the adjustment of status is filed until the point that it is approved. We were going to try this until we found that part out. It also raises red flags and can cause delays.

Edited February 17, 2008 by MarkNAshley

[rebeccajo 14]

We filed while my future husband was visiting.

[pushbrk 12,882]

My (foreign) girlfriend and I are forging ahead with applying for a K1 visa. She has a valid tourist visa, though, and planning to come back in June. Can we file for a K1 visa before June and still have her come to visit and/or wait for the K1 approval here in the U.S.? Or can she come here in June THEN we file the K1 visa while she's here and we wait it out together here in the U.S.? I apologize if this has been asked before, but i haven't seen a thread that explicitly deals with this (common, i would think) situation. Thanks!

The safe bet is to file after she arrives. She could be turned away after. Lots of discussion about visiting during the process, so you can study up on that and decide whether to take the risk.

[diadromous mermaid 36]

My (foreign) girlfriend and I are forging ahead with applying for a K1 visa. She has a valid tourist visa, though, and planning to come back in June. Can we file for a K1 visa before June and still have her come to visit and/or wait for the K1 approval here in the U.S.? Or can she come here in June THEN we file the K1 visa while she's here and we wait it out together here in the U.S.? I apologize if this has been asked before, but i haven't seen a thread that explicitly deals with this (common, i would think) situation. Thanks!

If she visits prior to filing the K-1 to wait here in the USA, just as a caution, if asked at the POE the purpose of her visit, what will she say?

[darlandta 0]

thank you so much for everyone's responses. it's only now that we're getting something concrete regarding this issue. i should've included scenarios we've been thinking about on the first posting, so i apologize, but here it goes:

i'm going to visit her this march for a month. but in june, she's already planning on visiting the u.s. with her tourist visa. she's had a tourist visa for over 5 years now and has come and gone multiple times, 6 months at a time. she has a business in the philippines and really, our intent for her to come over in june is to spend time together. should we go ahead and file for a K1 visa in march when i visit her or wait until june when she's in the u.s. using her tourist visa. i understand that she will have to go back to take care of documents etc. and that's fine. i just find it strange that she can already enter the u.s. as a tourist but then there's a possibility of getting flagged for the K1 visa just because she's here on another visa (really, we wouldn't have met if she wasn't here on her tourist visa!). or is it a sure thing if we just file in march when i visit and have her forego the june visit (sad) and just wait until the K1 visa settles in. if anyone knows what the real deal is about her coming here as a tourist and we file for a K1 visa while she's still here. if and when they tell her she needs to go back to the philippines for the interview etc., that's cool. we'll fly back there.

again, thanks for everyone who's posted responses. you don't understand how much better i feel knowing more about these things. thanks!

[darlandta 0]

I think that for K1 visa interview which will be scheduled after the I-129F approval, your fiancee will probably have to go back to her country. As for the valid tourist visa, I'm not sure if it's the same for all countries, but I've read on this forum that this is possible. There is some time restrictions though; I hope that other members will explain you better.

Good luck !

thanks for your post! it's okay if she has to go back to finish the process. it seems like a waste that she won't/can't come back in june since she already has a tourist visa. the usual restriction is no more than 6 months, which still depends on what length of stay they eventually give you at the point of entry.

[darlandta 0]

My (foreign) girlfriend and I are forging ahead with applying for a K1 visa. She has a valid tourist visa, though, and planning to come back in June. Can we file for a K1 visa before June and still have her come to visit and/or wait for the K1 approval here in the U.S.? Or can she come here in June THEN we file the K1 visa while she's here and we wait it out together here in the U.S.? I apologize if this has been asked before, but i haven't seen a thread that explicitly deals with this (common, i would think) situation. Thanks!

If she visits prior to filing the K-1 to wait here in the USA, just as a caution, if asked at the POE the purpose of her visit, what will she say?

she's coming here for a family wedding and to visit me which is truthful.