K1 & B2 Simultaneously

[Oscar and Natalie 0]

I just submitted a I-129F, petition for alien fiance, last week - 11/4/2010. My fiance has expressed interest in coming to visit me for Christmas/New Year's. I was thinking that she could apply for a B2 visa to enter the country as a tourist (then return at the end of her visit). I know the requirements of a B2: she has to show she has strong ties and intends to return abroad. My question for everyone, is it "smart," or admissible to apply to consulate for a Tourist Visa when a I-129F is in the preliminary stages of being adjudicated at the TSC? Just want to do things right!

Thanks everyone!!

Edited November 7, 2010 by OscarC

[Gary and Alla 3,694]

I just submitted a I-129F for a petition for alien fiance last week 11/4/2010. My fiance has expressed interest in coming to visit me for Christmas/New Year's. I was thinking that she could apply for a B2 visa to enter the country as a tourist. I know the requirements of a B2, she has to show she has strong ties and intends to return abroad. My question for everyone, is it "smart" or admissible to apply to consulate for a Tourist Visa when a I-129F is being in the beginning stages of being adjudicated at the TSC? Just want to do things right!

Thanks everyone!!

You can apply. In theory the two visas are unrelated. DO NOT lie or falsify any information on either application EVER

[Ning 619]

I just submitted a I-129F, petition for alien fiance, last week - 11/4/2010. My fiance has expressed interest in coming to visit me for Christmas/New Year's. I was thinking that she could apply for a B2 visa to enter the country as a tourist (then return at the end of her visit). I know the requirements of a B2: she has to show she has strong ties and intends to return abroad. My question for everyone, is it "smart," or admissible to apply to consulate for a Tourist Visa when a I-129F is in the preliminary stages of being adjudicated at the TSC? Just want to do things right!

Thanks everyone!!

It isnt a question of smart. You have petitioned for a K 1 visa for her. She will apply for a tourist visa. The fact that there is a pending petition will become part of the process of getting her tourist visa.

You already know the important aspect is proving the strongest ties. If she can do that she could be issued a tourist visa.

The problem then becomes what will happen at the POE. Its up to the officer there to decide if she can enter. That officer will know there is a pending petition. Her entry will depend on the officers discresion.

There is no way to know what would happen until she applies for the tourist visa & is interviewed. There have been cases here on V J where a tourist visa was issued in a similar circumstance.

The outcome will have a lot to do with what country she is coming from.

[Oscar and Natalie 0]

It isnt a question of smart. You have petitioned for a K 1 visa for her. She will apply for a tourist visa. The fact that there is a pending petition will become part of the process of getting her tourist visa.

You already know the important aspect is proving the strongest ties. If she can do that she could be issued a tourist visa.

The problem then becomes what will happen at the POE. Its up to the officer there to decide if she can enter. That officer will know there is a pending petition. Her entry will depend on the officers discresion.

There is no way to know what would happen until she applies for the tourist visa & is interviewed. There have been cases here on V J where a tourist visa was issued in a similar circumstance.

The outcome will have a lot to do with what country she is coming from.

I appreciate the information. But in the application for the tourist visa that she filled out tonight..it talks about the purpose of the visit. She marked "visit a friend". Would it have been better to fill in "other" and then provide the explanation about the I-129F petition. Also, how should we refer to one another. Cause as of right now she's my Girlfriend and together we have every intention of getting married upon her entry to the US on the K-1 visa, and I haven't exactly proposed yet but I definitely plan on doing in the very near future (two months). So, just wondering how I should refer to her. I'm thinking I will always refer to her as a fiance because we will get married. It's just a matter or when.

Thanks,

Oscar

[Fandango 1,439]

I appreciate the information. But in the application for the tourist visa that she filled out tonight..it talks about the purpose of the visit. She marked "visit a friend". Would it have been better to fill in "other" and then provide the explanation about the I-129F petition. Also, how should we refer to one another. Cause as of right now she's my Girlfriend and together we have every intention of getting married upon her entry to the US on the K-1 visa, and I haven't exactly proposed yet but I definitely plan on doing in the very near future (two months). So, just wondering how I should refer to her. I'm thinking I will always refer to her as a fiance because we will get married. It's just a matter or when.

Thanks,

Oscar

How can you have filed a K-1 and not consider yourself already engaged?

[Oscar and Natalie 0]

How can you have filed a K-1 and not consider yourself already engaged?

Because we have every intention of getting married I just haven't officially got down on my knee. Make sense?

[Ning 619]

I appreciate the information. But in the application for the tourist visa that she filled out tonight..it talks about the purpose of the visit. She marked "visit a friend". Would it have been better to fill in "other" and then provide the explanation about the I-129F petition. Also, how should we refer to one another. Cause as of right now she's my Girlfriend and together we have every intention of getting married upon her entry to the US on the K-1 visa, and I haven't exactly proposed yet but I definitely plan on doing in the very near future (two months). So, just wondering how I should refer to her. I'm thinking I will always refer to her as a fiance because we will get married. It's just a matter or when.

Thanks,

Oscar

The purpose of the visit is to come to the USA to visit you & experiance the USA. I think "other" would seem evasive, lead to endless questions & a possible denial. It is never a good idea to be evasive nor lie. To visit a friend is fine.

To me she remains your girlfriend until you give her a ring & propose.

You both should keep in mind that USCIS views every visa holder as an intending immigrant. That means when she trys to enter the USA they may ask if she has a pending petition. They can find this info on their computer as she stands in line. She should answer the questions correctly with confidence.

It would be good idea to find the Peru portal here on VJ & ask others there for info on tourist visa experiances. As I remember it isnt easy to get a tourist visa there.