K1 in process Long Term Visit

[Quith 0]

Hi everyone. For some reason the big Yes you can visit thread is blocked for me by my wonderful IT people. I think my question is pretty straight forward though....

My fiance has a B2 visa and regularly comes to visit for a few weeks or month at a time. We submitted our package in early March and NOA1 was received so now we're just waiting the wonderful processing times.

Would you think there would be a problem with her coming for 4-5 months while we wait out the process. Obviously she couldn't work or anything which isn't a problem, but doing this would allow her to plan the wedding easier and just get more accustom to life here. Plus we get to be together while we wait, so big bonus there...

Thanks for the help.

[baron555 934]

If she can get by CBP at the border, then by all means.

They will see the petition in their system and could deny entry if they believe she will not return to her country when her visa dictates.

[christeen 966]

As long as she does not overstay her visa... But remember, she might receive increased scrutiny when entering the USA and would have to show adequate ties to her home country to overcome the presumption that she will stay and adjust status in the USA... These time might be difficult to prove if she is able to spend 4-5 months in the USA ... What country is she from?

[Quith 0]

She's from Brazil.

Really we're not trying to get anything passed anyone or do something stupid, she can stay with me no problem from a financial side. She holds two degree's including an MBA so being illegal makes zero sense from a work aspect. Plus I filed for the K1 ....I didn't do that to throw that money away. This all makes perfect sense here I'm sure, guess it depends on the officer you get though...

Our thoughts on this are...I have two kids, this will help them adjust instead of just a couple weeks at a time, which I only have them every other week. They know her, we all talk on skype and they've met her the last couple times she's come.

She'd be able to prepare easier for the wedding, getting all the plans made, selecting a venue, etc, and we get to hang out while we wait.

Honestly she wants to go back so she can be with her parents during the whole in country processing deal, that gives her a couple of months to say goodbye and tie up her loose ends there.

[christeen 966]

I totally understand it... But, you have to think about how the immigration looks at it. Too many people entered as a tourist then "spontaneously" decide to marry and file for AOS... So bringing proof of WHY she must return is more important than proving why she needs to be in the USA...

[baron555 934]

She's from Brazil.

Really we're not trying to get anything passed anyone or do something stupid, she can stay with me no problem from a financial side.

Usually not a concern of CBP

She holds two degree's including an MBA so being illegal makes zero sense from a work aspect.

Education not a factor also.

Plus I filed for the K1 ....I didn't do that to throw that money away.

Of course not, you two want to get married and permanently reside in the US.

This all makes perfect sense here I'm sure, guess it depends on the officer you get though...

Yep

Our thoughts on this are...I have two kids, this will help them adjust instead of just a couple weeks at a time, which I only have them every other week. They know her, we all talk on skype and they've met her the last couple times she's come.

Noble thought but may not be enough to convince them. Brazil is not thought to be a high immigration risk.

She'd be able to prepare easier for the wedding, getting all the plans made, selecting a venue, etc, and we get to hang out while we wait.

Not an factor.

Honestly she wants to go back so she can be with her parents during the whole in country processing deal, that gives her a couple of months to say goodbye and tie up her loose ends there.

Many fiances can not even get any other visa to enter the US. If she gets denied, then you two will deal with it.

[Kiwinyc 62]

I made 7 visits before moving permanently to the US, twice with my children, my fiance visited me 6 times, once with his kids so everyone could get to know each other. Each visit ranged from 5 days to 3 weeks.

Her only issue would be at POE, if they suspect it is not a genuine visit and that she does not intend to go home. So she should carry evidence of a return ticket, letter from an employer, other ties to Brazil that require her to return.