Going to the US while waiting

[wayfarer1983 0]

Hello! Im hoping that someone will help me.

My FI and I have decided to start our K1 journey this October. If he sends the first packet (G325a and I129F) this month, will I be able to go to the US on my tourist visa this December? My family is going -- and I already have my airplane ticket, actually.

Long story short we were supposed to get married on February (we have deposits and stuff!) but a part of me thought it would be better to do the K1 Visa route since the wait will be slightly shorter. If I marry him in Feb and then go back afterwards to start on the Spouse Visa process, it will take another year.

Thoughts? Also, will I be able to go to the US when he sends my first packet this month?

Thanks in advance!

[Darren&Laura 3]

Yes, you can visit. I visited my partner three times in the USA, (for two weeks, six weeks and then three months), once my K1 process was underway. In fact, I was in the USA with her when we sent our I-129 package off originally too.

One thing I'm sure has probably been mentioned on the site is to take some documentation with you showing ties to the country you currently reside, (i.e. a letter from your employer stating you will return and the date, a letter from landlord stating you have a current lease, etc, recent household bills, mortgage statement), or whatever you can think of that shows you have ties to the country you are traveling from and will not over stay in the USA. This is only required if you get challenged by an official when entering the USA if your visa application is logged on their system. 999 times out of 1000 you won't be challenged but just to be safe....

Just be sure not to overstay as this would cause problems with your application.

Also, if the K1 isn't approved by February and you decide to get married while here on a tourist visa, you may create all sorts of problems -- you could be banned from the USA for visa fraud.

[NigeriaorBust 4,087]

Actually they are free to marry in Feb on a tourist visa but they will have to separate in file a CR1 and wait out the process apart. There is no way to deny prior intent with a K1 already filed so AOS after marriage is out. Attempting to AOS on a tourist visa would probably lead to a charge of misrepresentation.

[wayfarer1983 0]

Oh shoot -- I can't have documentation from work since I already resigned effective December. They're just looking for someone to replace me now.

If I marry him on February, I can't prove as well that I didn't have any intentions of marrying him since I planned my wedding a few months ago there in the US. I met with churches, vendors, everything.

I am willing to go back to my home country and file from here -- will I run into any problems because of my intent?

Thanks again!

[Andrea&Mal 1]

I think what people are saying is you can't go to the US in February, get married and then stay permanently. As long as you leave the country again after your wedding and apply for a CR-1 visa, you're fine.

Andrea

[wayfarer1983 0]

^ Thank you for the reply!