Is filing for K1 right after getting tourist visa OK?

[conny 0]

Is filing for K1 right after getting tourist visa OK? My fiance asked for B2 visa quite some time ago (a month or so) and just got it after the interview, but we've decided to get married now and I want to file for K1 visa for him (they say it's the fastest route to be together right now). Well, as he got B2 visa, wouldn't USCIS be suspicious of my petition and think that he had intention to immigrate before filing for B2? He didn't but what are the odds of getting K1 approved? In the end of the day that wasn't only his decision, right? I know about 60-day rule and AOS process after staying on B2 but that's not going to work for us this time, so K1 seems like the best choice.

[payxibka 10,047]

no problem, it will be many months before the application can be made because the petition needs to be approved first

Edited December 10, 2008 by payxibka

[DanielParul 50]

Tourist visa and K1 visa are totally different and B2 will not have any impact on your K1. All the best!

[conny 0]

Thank you very much for quick replies! I do have a concern however - can he travel on B2 visa to US AFTER I submit my K1 petition? Wouldn't that be some kind of violation of the rules? I understand there won't be another visa by that moment yet since K1 is processed for many months, but "the intention to immigrate" would already be expressed, wouldn't it be?

Edited December 10, 2008 by conny

[payxibka 10,047]

Thank you very much for quick replies! I do have a concern however - can he travel on B2 visa to US AFTER I submit my K1 petition? Wouldn't that be some kind of violation of the rules? I understand there won't be another visa by that moment yet since K1 is processed for many months, but "the intention to immigrate" would already be expressed, wouldn't it be?

entry intent is always a concern... entry is never guaranteed regardless of a K-1 petition is on file or not

[Carlawarla 1]

Thank you very much for quick replies! I do have a concern however - can he travel on B2 visa to US AFTER I submit my K1 petition? Wouldn't that be some kind of violation of the rules? I understand there won't be another visa by that moment yet since K1 is processed for many months, but "the intention to immigrate" would already be expressed, wouldn't it be?

You were smart to get the B2 visa before applying for the K-1, as I've heard if you submit the fiance's petition first, it's sometimes hard to get the B2. It's no violation of the rules to use the B2. I would suggest that if he travels using the B2, that he brings good evidence of his ties to this home country during this time so that they don't think he is trying to immigrate. Petitioning for your fiance at this point is not like you have two visa's at all. You still only have one visa, and as long as he brings good evidence, he should be alright using it. After your petition is in, you might want to even bring copies of the application, which if asked, might show that he's going the K-1 route, and not trying to circumverent any immigration rules.