Fiance coming to US on a tourist visa, going back to his country, and then me filing for K1 visa

[jmonet 0]

I am a American citizen and my fiance is a Nigerian. I know that in order to file for a K1 visa you must have met in person and have evidence of the relationship within the two year period of filing. My question is could my fiance come to the US on a tourist visa and stay for the time allowed, go back to his country, and then I file for the K1 visa in order for him to come back to the US so that we could get married?

[KULtoATL 1,551]

Sure he can apply for a B2 and visit for the amount of time allowed. However, he would need to convince the consular officer that he has strong ties back in Nigeria during the visa interview. An approval is not guaranteed. It really can go either way. 

 

And if he does get the B2, the amount of time granted by the CBP officer at his point-of-entry is upon the officer's discretion. In normal cases, a B2 holder gets about 6 months per entry. Theoretically speaking, the visa holder can stay up to 6 months but in reality, it might be a better idea to spend less than the 6 months granted to avoid scrutiny during the next visit.

[Penguin_ie 5,996]

Yes, that works.  Two issues:

- One visit is often not enough to get approved for a K1, especially in Nigeria.  It is the absolute minimum, that doesn't mean it is enough.

- Does your fiance have a tourist visa yet?  It is very difficult to get one from Nigeria unless they have a good business or job there and ties that will mean they will return.