Fiance Visiting me with no K-1 Visa application yet (but intends to Go back)

[butching314 0]

I have a girlfriend and she currently lives in the Philippines.

She currently has a multi-entry tourist Visa which she have been using to visit me twice now.

I plan to visit her on December for Christmas. During which I plan to propose.

We've already made plans to go back together to the US to celebrate New Year together but she's not aware of my proposal on Christmas just yet. She plans to stay here in the US for 3 months which she can use because of her tourist visa.

By December, she's most likely going to resign from her work as well because we've been discussing about filing a K1 Visa already.

I believe during the 3 months that she'll be here, that's the time that we will file for a K1 Visa. But of course, she still needs to go back home because we don't want to break the tourist visa limitation.

A couple things that worries me.

- Is our plan going to make our K1 visa filing harder?

- her main reason for going here is to be with me with the time provided by the tourist visa - but of course being that we're together as we go back, we might be questioned on our motives

- she'll also be resigning on her job during this time which doesn't really help (she's resigning because we've planned that I'll be supporting her during this time)

- we intend to answer the immigration officer honestly of our plans, but it sounds like our reasons might not sound convincing

[ISBJORN10 5]

She need to approve that she's going back like she has a school , job , family ...etc

[Zedayn 485]

You won't have any problems with filing the I-129F petition for fiance. The only issue I see is your fiancee will be quitting her job before she travels to the US with you after Christmas. It may affect whether or not she is allowed into the US. She may have a visa already which allows her to travel, but remember a visa doesn't guarantee her the right to be here. If CBP questions her at the POE and find out she quit her job, they may refuse her entry.

[Hank_ 9,174]

I have a girlfriend and she currently lives in the Philippines.

She currently has a multi-entry tourist Visa which she have been using to visit me twice now.

I plan to visit her on December for Christmas. During which I plan to propose.

We've already made plans to go back together to the US to celebrate New Year together but she's not aware of my proposal on Christmas just yet. She plans to stay here in the US for 3 months which she can use because of her tourist visa.

By December, she's most likely going to resign from her work as well because we've been discussing about filing a K1 Visa already.

I believe during the 3 months that she'll be here, that's the time that we will file for a K1 Visa. But of course, she still needs to go back home because we don't want to break the tourist visa limitation.

A couple things that worries me.

- Is our plan going to make our K1 visa filing harder?

- her main reason for going here is to be with me with the time provided by the tourist visa - but of course being that we're together as we go back, we might be questioned on our motives

- she'll also be resigning on her job during this time which doesn't really help (she's resigning because we've planned that I'll be supporting her during this time)

- we intend to answer the immigration officer honestly of our plans, but it sounds like our reasons might not sound convincing

She has no idea you are proposing yet you have talked about a K-1 Fiancee visa..... sorry mate cats our of the bag ...

-No her visiting you is NOT going to make filing the K-1 harder, actually it is very helpful.

-She has possessed the tourist visa for years now it appears, no issue with you two traveling together.

-Absolutely no issue with her resigning her job, USCIS will not care for the I-129F petition process, and USEM will not care during the visa application.

-Answer the immigration officer of your plans? You mean the question - Purpose of visit? Answer it the same as she always has. What you have planned beyond that has nothing to do with "purpose of visit". Never DO-DO when DO will DO. File your K-1 enjoy your time together, then when she flies back to the Phils it will be a very short wait before she will be returning using the K-1 visa

[butching314 0]

Thanks for the information fellas!

@zedayn - I agree that if they finds out that she resigned her job - that will be harder to explain. Her job will not approve her 3 month leave nor will they allow her to take that leave knowing that she's going to be moving to the US in the near future.

On top of my head, if asked for our purpose of visit - it seems fair that we tell the truth that she is really just visiting me. To prove that:

- we have a return flight

- our main reason for the visit includes celebrating new year, and valentines

- we can also bring a copy of her bank account to show that she doesn't really need a job during her stay here

- maybe a cellphone bill just to see that show that she still has ties to the Philippines.

That said, we're also starting to think about the worst.

Given that our reasons are not acceptable from the perspective of the officer that is asking us these questions - what are our options?

If she was forced to return to the Philippines, will this have a negative impact on our K1 visa application?

[butching314 0]

@hank

"No her visiting you is NOT going to make filing the K-1 harder, actually it is very helpful."

- could you clarify how it would be very helpful? I was under the impression that people visiting their fiancé in the US is actually harder due to the number of illegal immigrants using this as an option. but if it's actually helpful, then it seems like i'm getting a different impression with how these works =)

"Absolutely no issue with her resigning her job, USCIS will not care for the I-129F petition process, and USEM will not care during the visa application."

- The concern is mainly the officer asking her questions during her entry to the US. Of course, it will not be something that we will disclose unless asked. But it sure makes reasoning behind the visit harder. I am actually not convinced that having a job also means having ties - there are a lot of people that doesn't have jobs but has the luxury to travel for different reasons.

"Answer it the same as she always has. What you have planned beyond that has nothing to do with "purpose of visit". Never DO-DO when DO will DO. File your K-1 enjoy your time together, then when she flies back to the Phils it will be a very short wait before she will be returning using the K-1 visa"

- Thanks mate! Positive thinking right here!