Legal to file k1 while fiancé is in USA?

[carmel34 3,650]

OP, your angst about this may be coming from the uncertainty surrounding entry to the US with a valid tourist visa, which is not guaranteed and is up to the CBP officer when they question you at the point of entry.  If you are truthful when asked the purpose of your visit, you will say "to visit my girlfriend/boyfriend/fiancée/fiancé in XXX city, XXX state for X weeks."  If the officer suspects that you may just stay and get married and adjust status, they may not let you in.  Is that the reason for your concerns?  It is a possibility so be aware of that.  And be completely honest and tell them your plan is to file for a fiancé K-1 visa and then return home to wait out the process.  They may let you through with no problem, or they could put you into secondary inspection and search your luggage, go through your phone, etc.  So don't bring lots of stuff, multiple bags, civil certificates, etc. with you that may look like you are planning to stay.  Have a return ticket, evidence of a job in your home country, property, apartment lease, to show that you are likely to return after the temporary visit.  Good luck!

[letmeloveher 1]

Besides the previous thoughts does anyone else able to assist? I still could guidance with sources /testimonies etc!

[HandmadeTurnip 151]

52 minutes ago, letmeloveher said:

Besides the previous thoughts does anyone else able to assist? I still could guidance with sources /testimonies etc!

 

Why should anyone keep helping you when you'll just ignore what we say anyway?

[Cathi 5,783]

Why bother asking a question is you literally won't listen to a single word anyone says?

 

If you think it's a "grey" area, just wait until your fiancé leaves the US to file. Geez!

 

[HRQX 4,145]

6 hours ago, letmeloveher said:

leaving within 90 days

Which country's passport does your fiance have? If the goal is a wedding in the US then I advise against doing the fiance visa process. Instead, during the US visit your fiance could marry you and then leave the US before the 90 days of VWP (if eligible) are up. After the marriage you would file Form I-130 to start CR-1 process:

 

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[SalishSea 18,079]

14 hours ago, letmeloveher said:

It being on the application is clear and I have known that but again my post has said 2 USCIS and multiple lawyers have disagreed. Really like to hear testimonies if you can find any @Crazy Cat :)))) Ty!!

We mailed our I129f when my now-husband was visiting the US.  No issues.  Why would it matter?

[Scandi 4,178]

I'm certain OP is a troll, but I will respond anyway in case anybody else is wondering.

 

Yes you can file/send the i-129f while you're both physically together in the US. Many have done exactly this, including myself and my now husband.

 

We felt it was much easier filling out everything and send it in when we were physically together, that way we could get all the documents and signatures done on the spot instead of having to ship or print, email and scan documents. 

 

We got the NOA1 hardcopy before I left the US to go back to Sweden.

Edited September 5, 2021 by Scandi

[SalishSea 18,079]

2 minutes ago, Scandi said:

I'm certain OP is a troll,

This was my thought, too.  Just seems like a lot of effort to go through, quite pointlessly.

[TBoneTX 45,914]

The OP has received accurate, usable information here multiple times.

This thread is now locked, and the topic is NOT to be restarted or referred to elsewhere.

 

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