She is HERE and i need help!

[Penny Lane 8,159]

i thought a k-1 is started with filing a i-129f?

Can she visit while getting the k-1? should i just get married at the court while she is here and get the c-1? But with a c-1 she cannot immigrate at all right?

A K1 is started with filing for the I-129F. And yes, visiting is possible. I visited while my petition was in progress, but it requires the beneficiary to bring strong ties back to their home country to prove they are not attempting to immigrate early. It really all depends on the officer at the airport. Also depends on the country she's from and whether or not they are a part of the Visa Waiver Program.

Either way, the K1 or CR1, the beneficiary must be in their home country for an interview.

Edited January 12, 2012 by Coconuts

[skiptex 225]

as long as she has TOURIST visa she can VISIT>> HOWEVER>> she may have to PROVE she will GO BACK during K1/CR1 is processing..

it does NOT mean.. YA'll can not see each other ever again..

[Hank_ 9,174]

i thought a k-1 is started with filing a i-129f?

Can she visit while getting the k-1? should i just get married at the court while she is here and get the c-1? But with a c-1 she cannot immigrate at all right?

Can she visit? Possible being she already has a tourist visa, I have read of folks from Canada and even the UK coming for visits while in the K-1 process.

So you have not filed the I-129F yet?

[Moomin 292]

She may visit with a pending i-129f, it's perfectly legal. Whether or not she'll be let into the US is a different matter. Some had no problems visiting, others were denied entry, it's up to immigration to decide if your fiancee shows intent of returning or there's more to it. I visited my then fiance without any issues after filing the petition but it is completely up to the individual officer to determine when she goes through immigration - having a fiance(e) or spouse in the US shows a tie to the US, not to home country. That's why it's suggested to bring ties to home country as proof of returning.

But yes, reading up on the different visas might be a good idea for both you and your fiancee to be on top of what comes next and to have less hiccups on your journey. You can file the i-129f (fiance) petition while she's in the US, you don't have to wait until she has left. She can still try to visit you after that.

Edited January 12, 2012 by moomin

[Obc333 24]

Does she have a dog? if so..she can send him....

I think we ought to learn to be nice to someone asking a question. I think a simple no would do, don't have to be so sarcastic even if you think it's a dumb question.

[Obc333 24]

She can visit on a tourist visa I think. I'm presently in the U.S on a tourist visa, going back home in a week. I didn't have any problems coming in.

Just read the guides and choose what direction you want to take and go from there. Just don't let her overstay her visit and mess things up

[MelissaAndJordan 5]

Yeah, darn, i guess she will have to go back.

I have one a ton of reading and i thought that she could still visit once in a while while waiting for her her package to arrive for the 129f?????? is that true? Can she visit if i get a cr-1 (i was thinking no from what i remember)?

I have had no issues with my fiance visiting after we applied. He makes certain he crosses the border with plenty of evidence of connection to his home country. They pull him into secondary every time, he says he has all the papers, they don't even look, ask a couple questions, and send him on his way.

[Liz&Nate 23]

Same here with visiting. Is her visa a multiple entry one? Will she be crossing by land or plane? I visited my husband without problems while we were going through the K1 process by land using the B1/B2/BCC card and never had a problem. Of course, I always brought along plenty of proof of ties to Mexico (letter from my job, bills in my name, etc).

Consider both of your options, the K1 and the CR1 visa, especially if your fiancee wishes to start working as soon as she arrives in the US. In my interview, they did ask about overstays (I had none) so it does come up, better be safe than sorry and just make the extra effort to visit each other.

[uktousa 2]

she needs to go back for interview

[Dan & Jenni 457]

Does she have a dog? if so..she can send him....

I think we ought to learn to be nice to someone asking a question. I think a simple no would do, don't have to be so sarcastic even if you think it's a dumb question.

im sorry but it made me laugh

[VanessaTony 3,567]

Yeah, darn, i guess she will have to go back.

I have one a ton of reading and i thought that she could still visit once in a while while waiting for her her package to arrive for the 129f?????? is that true? Can she visit if i get a cr-1 (i was thinking no from what i remember)?

Yes she can visit on either as long as she shows ties to her home country.

[Enigma11561 336]

To the OP. From your posts is seems you do not have a good understanding of the process. K-1 or CR-1. You really need to do some reading about this. It would be a shame if you did/did not do something your were supposed to and things got screwed up.

[Deputy Purple 1,294]

Actually,

If she's in the US now you can get married and file to Adjust her Status without her having to return to her home country.

Here is the guide to Adjusting Status.

And here is the sub-forum for Adjusting Status.

You'll get a lot of naysayers telling you that it's Immigration Fraud but that is only true if her intent at Point of Entry was to do this.

[Dan & Juan 12]

You see every kind of answer so my experience. Go and visit her, there is no problem that way and it shows you are committed to her. I wish I could have visited more but China ain't Mexico

[Deputy Purple 1,294]

Why should he vist her? He is about to get married in Vegas no need to vist. I would also apply for a Hard Ship or refugie visa.

As long as she's in the US legally all she needs to do is get married and file to Adjust her status...