Currently in the US under tourist visa should i go home and wait for Fiancee visa approval?

[igorota_ak 0]

I am currently in the states visiting my sister and to attend the wedding of my fiance's friend. My fiance is currently overseas working but will be back in the US by september. We are planning on getting married in December. Our original Plan was to apply for a fiancee visa once I go back home. But I was reading the form and it has a part where in it ask if the fiancee is currently in the US. My question is since my visa is a tourist one, what are the chances that they will question my intent in coming here in the US and what is the fastest way for the fiance visa to be approved. should we just file the application while i am here or will it be safer for me to just go home and then file the application. thanks!

[rooster 1]

If I understand you correctly, you are already here on the tourist visa. You can file the paperwork while you are here. There is no harm in that IF you have all of the stuff you will need for it. IE birth cert, any former divorce decree, etc.... The US will not kick you out for filing while you are here. It might make it harder to get a visitor visa again once you do go back.

[Bobby+Umit 161]

50/50 on what they will question you on your "intent" - however, they cannot use that to deny you most likely. (barring any other negative factors)

You can get married while on the visitors visa, and apply for the AOS or you can file now for the K-1 now and then return home (6 months usually for the visa), or you can get married now, go home, and file for a CR-1 (about the same wait time, but instant greencard on arrival).

[Krikit 1,164]

Moving to General Immigration Related Discussion forum.

Edited June 29, 2009 by Krikit