Should my Fiancee try to get a tourist visa while we wait for the K1 visa?

[topi123456 35]

The K1 visa process is taking longer than we thought. A year to process form i129f it looks like.

 

Is there any risk in applying for a B VISA while waiting for the K1?

 

If my fiancee gets denied for the B-1 visa will that affect the K1 visa??

[Mike E 11,739]

22 minutes ago, topi123456 said:

The K1 visa process is taking longer than we thought. A year to process form i129f it looks like.

 

Is there any risk in applying for a B VISA while waiting for the K1?

No risk.  
 

I doubt your embassy has B visa appointments and given K-1 indicates intent to immigrate, it isn’t likely to be approved.  
 

22 minutes ago, topi123456 said:

 

If my fiancee gets denied for the B-1 visa will that affect the K1 visa??

no.  

[Rocio0010 5,579]

50 minutes ago, topi123456 said:

 

Is there any risk in applying for a B VISA while waiting for the K1?

Is she planning on coming here as a tourist, then marry and AOS?

[topi123456 35]

26 minutes ago, Mike E said:

No risk.  

Thanks for the reply Mike,

 

Another situation: My son is 3months old. He has his passport and can fly with me to USA. My fiancee, his mother cannot. It is out of the question to take a 3month old away from his mother while breastfeeding. 

 

What do you think about an expedite request on the basis of my son requiring his mother to breastfeed. Would that be considered urgent? 

[Rocio0010 5,579]

If she’s planning on coming as a tourist, then stay and AOS, then that’s fraud. It seems to me that with that and the breastfeeding expedite, you’re looking for a shortcut. 
 

18 minutes ago, topi123456 said:

Would that be considered urgent? 

No, it’s not. For USCIS, child can stay with their mom in her home country together while they await. 

[Unlockable 7,314]

2 hours ago, topi123456 said:

Thanks for the reply Mike,

 

Another situation: My son is 3months old. He has his passport and can fly with me to USA. My fiancee, his mother cannot. It is out of the question to take a 3month old away from his mother while breastfeeding. 

 

What do you think about an expedite request on the basis of my son requiring his mother to breastfeed. Would that be considered urgent? 

Urgent? Absolutely not. Because there is no need for the child to travel. They can stay back home with the mother.

[topi123456 35]

46 minutes ago, Unlockable said:

Urgent? Absolutely not. Because there is no need for the child to travel. They can stay back home with the mother.

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

[Rocio0010 5,579]

Just now, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

We don't speak in absolutes. We base our claims on policy manuals. Please read Chapter 5- Requests to Expedite Applications or Petitions. Breastfeeding is not under the criteria:

 

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

 

While you think it's urgent to YOU, there is a thousand cases prior to you that have real emergencies. Mostly related to life threating health- related issues to the USC, who needs constant care. Your child is a citizen, but to USCIS, he can stay with mom and breastfeed abroad while they await their process.

[Timona 4,207]

3 hours ago, topi123456 said:

Thanks for the reply Mike,

 

Another situation: My son is 3months old. He has his passport and can fly with me to USA. My fiancee, his mother cannot. It is out of the question to take a 3month old away from his mother while breastfeeding. 

 

What do you think about an expedite request on the basis of my son requiring his mother to breastfeed. Would that be considered urgent? 

 

There are a lot of single parents using a bottle. Or even couples using a bottle. Bottling is another option, I'm just saying. 

 

20 minutes ago, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

So?

[Dashinka 24,527]

36 minutes ago, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

But in this case, the USC child is not petitioning for the mother, you are.  Expedite cases usually revolve around the needs of the USC petitioner.

 

As to your original question, no, having your fiancé apply for a B2 will not hurt her chances of the K1 as long as she does not materially misrepresent herself on the DS160 for the B2 application.  That being said, I agree, the chances are slim with a K1 application working its way through the system and a USC child.

 

Good Luck! 

[Crazy Cat 41,919]

1 hour ago, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

Do you realize that there are people waiting as long as a couple years just to get a B2 visa appointment?  Based on DOS criteria, I doubt your case will be seen as a reason to jump ahead of all those other folks who have been patiently waiting for some time.  Of course, you are free to try.  Good luck.

Edited January 10, 2022 by Crazy Cat

[Unlockable 7,314]

1 hour ago, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

The claim is for the urgency of the mother to be here. Not the child. You are using the US citizen child to leverage getting the mother here expeditedly. 

 

The mother is not a US citizen so there is no urgency based on that.  Now if the mother and child was separated for some reason you may have a case. But mother and child are together. 

 

 

Edited January 10, 2022 by Unlockable

[JeanneAdil 6,514]

1 hour ago, topi123456 said:

Best not to speak in absolutes. My child is an American. If my child is in the US, I would say that is urgent.

the expediate has to be for the following which does not fit your case

 

USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. Timely file the benefit request , or
  2. Timely respond to any requests for additional evidence;
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
• U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
• Clear USCIS error.

you will find u can't rush this process 

[Mike E 11,739]

6 hours ago, topi123456 said:

My fiancee, his mother cannot. It is out of the question to take a 3month old away from his mother while breastfeeding. 

 

What do you think about an expedite request on the basis of my son requiring his mother to breastfeed.

I’m not a medical doctor or pediatric nutritionist and in any case not familiar  with your son’s medical case.  

6 hours ago, topi123456 said:

 

Would that be considered urgent? 

You would need to  provide convincing medical proof of peril to your son and medical or other proof that he cannot travel to his mother.  I think it is improbable as your son wouldn’t be the first infant forced to find a way to survive without the gestational mother’s milk.   
 

Best wishes for your son’s full recovery.  

[aaron2020 11,651]

6 hours ago, topi123456 said:

Thanks for the reply Mike,

 

Another situation: My son is 3months old. He has his passport and can fly with me to USA. My fiancee, his mother cannot. It is out of the question to take a 3month old away from his mother while breastfeeding. 

 

What do you think about an expedite request on the basis of my son requiring his mother to breastfeed. Would that be considered urgent? 

Your choice on taking a 3 month old away from his mother while breastfeeding.  The US Government is not forcing this.

 

You may want to take time to understand how the immigration system works.  You'll need a little bit of knowledge and a lot of patience.