Fiancé worried she will not be allowed into US for 90 day visit

[SnackAttack 0]

Hi all, thank you so much for your helpful answers to my last question. 

 

Before we realized how long the K1 process would be, my fiancé and I made plans for her to visit me in the US and spend the holiday season here with me. We already purchased airfare. We thought that we should utilize the rest of the year to have a long visit before she finds a new job in Canada and we wait out the lengthy process for the K1. Now we are becoming worried that she may not be allowed to come for the full visit we planned. Currently, she does not have many demonstrable ties to Canada. She just moved cities and moved back in with her parents to focus on making art (she is a painter). 

 

My fiancé previously visited me in the US for 58 days from July to September. She returned to Canada and will have been there for 32 days before hopefully coming back to the US in ten days. 

 

We have not submitted form I-129F yet. Should we do that before she visits, or after? Are we worrying too much?

[Boiler 45,449]

I do not think so.

[TS26cam 3]

Be prepared to show return ticket. Show ties to Canada if possible. And better to use the term boyfriend and girlfriend if k1 isn't applied yet.

Be sure to show touristy plans and definitely no working.

If u want to apply k1 it's OK too, 

I was traveling w my son when k1 was pending, pulled to a side to explain. I didn't like it but I had return tickets, property and full time job back home. We also only visited for 2 weeks for Thanksgiving. Good luck!

[Boiler 45,449]

I read it that a K1 has been applied for.

[IWander 589]

1 hour ago, Boiler said:

I read it that a K1 has been applied for.

 

Time to reread. 

 

Last paragraph of the OPs initial post.  "We have not submitted...."

[Noname93 200]

Unrelated, but if she's already going to be here and the paperwork for K1 has not been filed yet, why not get married during the visit and then file for CR1?

Edited October 8, 2023 by Noname93
Typo

[Stook 23]

I didn't think Canadians needed a visa to enter USA.  

[Me and her 279]

1 hour ago, Noname93 said:

Unrelated, but if she's already going to be here and the paperwork for K1 has not been filed yet, why not get married during the visit and then file for CR1?

That seems better option than K1.  Less expensive too.  

[Aluvaboy 66]

6 hours ago, Stook said:

I didn't think Canadians needed a visa to enter USA.  

Maybe she is not a Canadian citizen. Just has Canadian PR!

[Vegas i-751 66]

18 hours ago, SnackAttack said:

Hi all, thank you so much for your helpful answers to my last question. 

 

Before we realized how long the K1 process would be, my fiancé and I made plans for her to visit me in the US and spend the holiday season here with me. We already purchased airfare. We thought that we should utilize the rest of the year to have a long visit before she finds a new job in Canada and we wait out the lengthy process for the K1. Now we are becoming worried that she may not be allowed to come for the full visit we planned. Currently, she does not have many demonstrable ties to Canada. She just moved cities and moved back in with her parents to focus on making art (she is a painter). 

 

My fiancé previously visited me in the US for 58 days from July to September. She returned to Canada and will have been there for 32 days before hopefully coming back to the US in ten days. 

 

We have not submitted form I-129F yet. Should we do that before she visits, or after? Are we worrying too much?

I think your fiancé needs to have strong ties ready to present especially having visited so recently and sounds like she has very weak motivations to return back to Canada (aside from family) vs. adjusting status.

From the offset it does sound like a AOS is on the horizon if your fiancé visits soon but I’d encourage you to follow the correct and legal route. The wait is totally worth it! I came K1 and now a Citizen since January 2023 🥰