VisaJourney.com > Can a fiancee come to US on a Visitor Visa Before filing I-130 Application Filing for K3 Visa

rkapur

Dec 21 2007, 06:18 PM

I had couple of questions for you all ..

Lets say my Fiancee gets Visitor visa approved in Feb but we plan to get married in India in Apr. So far I was planning to file K3 Visa once I come back after marriage. So lets say she comes with me to US (only for Visit) and then while she is here we start I-130 process.

Q1: Would this be a problem? Can she enter US on Visitor visa prior to starting I-130 Process?

Clearly our intentions are not to do change of status once she is here. Only to get her adjusted to the environment and people.

Once I-130 is nearing approval or her visitor Visa is expiring, she can head back to India and then wait for couple of months.; do the paper work for K3 and come here on that visa.

Q2: Does this seem like a viable option for us?

This way we can at least spend some time together. Other wise.. if I come back after marriage and apply for 130/K3.. it may take 6-7 months...

Thanks in advance for your replies..

pushbrk

Dec 21 2007, 06:25 PM

QUOTE(rkapur @ Dec 21 2007, 03:18 PM)

I had couple of questions for you all ..

Lets say my Fiancee gets Visitor visa approved in Feb but we plan to get married in India in Apr. So far I was planning to file K3 Visa once I come back after marriage. So lets say she comes with me to US (only for Visit) and then while she is here we start I-130 process.

Q1: Would this be a problem? Can she enter US on Visitor visa prior to starting I-130 Process?

Clearly our intentions are not to do change of status once she is here. Only to get her adjusted to the environment and people.

Once I-130 is nearing approval or her visitor Visa is expiring, she can head back to India and then wait for couple of months.; do the paper work for K3 and come here on that visa.

Q2: Does this seem like a viable option for us?

This way we can at least spend some time together. Other wise.. if I come back after marriage and apply for 130/K3.. it may take 6-7 months...

Thanks in advance for your replies..

It's a perfectly viable option if a visa can actually be obtained.

manwithabeard

Dec 21 2007, 07:02 PM

The I-130 requires a marriage certificate, so how can you start to file it before marriage?

Lance27

Dec 21 2007, 07:08 PM

QUOTE(pushbrk @ Dec 21 2007, 07:25 PM)

QUOTE(rkapur @ Dec 21 2007, 03:18 PM)

I had couple of questions for you all ..

Lets say my Fiancee gets Visitor visa approved in Feb but we plan to get married in India in Apr. So far I was planning to file K3 Visa once I come back after marriage. So lets say she comes with me to US (only for Visit) and then while she is here we start I-130 process.

Q1: Would this be a problem? Can she enter US on Visitor visa prior to starting I-130 Process?

Clearly our intentions are not to do change of status once she is here. Only to get her adjusted to the environment and people.

Once I-130 is nearing approval or her visitor Visa is expiring, she can head back to India and then wait for couple of months.; do the paper work for K3 and come here on that visa.

Q2: Does this seem like a viable option for us?

This way we can at least spend some time together. Other wise.. if I come back after marriage and apply for 130/K3.. it may take 6-7 months...

Thanks in advance for your replies..

It's a perfectly viable option if a visa can actually be obtained.

Agreed, but obtaining the visa is not your only concern, Being able to convince the CBP officer at POE will be difficult if she cannot show sufficient ties to her home country.

If can get by both then its a good option.

rkapur

Dec 21 2007, 07:43 PM

QUOTE(pushbrk @ Dec 21 2007, 03:25 PM)

QUOTE(rkapur @ Dec 21 2007, 03:18 PM)

I had couple of questions for you all ..

Lets say my Fiancee gets Visitor visa approved in Feb but we plan to get married in India in Apr. So far I was planning to file K3 Visa once I come back after marriage. So lets say she comes with me to US (only for Visit) and then while she is here we start I-130 process.

Q1: Would this be a problem? Can she enter US on Visitor visa prior to starting I-130 Process?

Clearly our intentions are not to do change of status once she is here. Only to get her adjusted to the environment and people.

Once I-130 is nearing approval or her visitor Visa is expiring, she can head back to India and then wait for couple of months.; do the paper work for K3 and come here on that visa.

Q2: Does this seem like a viable option for us?

This way we can at least spend some time together. Other wise.. if I come back after marriage and apply for 130/K3.. it may take 6-7 months...

Thanks in advance for your replies..

It's a perfectly viable option if a visa can actually be obtained.

In case Visitor Visa is rejected .. then would it impact K3 Visa application few months down the line?

SusieK

Dec 21 2007, 08:08 PM

QUOTE(rkapur @ Dec 21 2007, 07:43 PM)

QUOTE(pushbrk @ Dec 21 2007, 03:25 PM)

QUOTE(rkapur @ Dec 21 2007, 03:18 PM)

I had couple of questions for you all ..

Lets say my Fiancee gets Visitor visa approved in Feb but we plan to get married in India in Apr. So far I was planning to file K3 Visa once I come back after marriage. So lets say she comes with me to US (only for Visit) and then while she is here we start I-130 process.

Q1: Would this be a problem? Can she enter US on Visitor visa prior to starting I-130 Process?

Clearly our intentions are not to do change of status once she is here. Only to get her adjusted to the environment and people.

Once I-130 is nearing approval or her visitor Visa is expiring, she can head back to India and then wait for couple of months.; do the paper work for K3 and come here on that visa.

Q2: Does this seem like a viable option for us?

This way we can at least spend some time together. Other wise.. if I come back after marriage and apply for 130/K3.. it may take 6-7 months...

Thanks in advance for your replies..

It's a perfectly viable option if a visa can actually be obtained.

In case Visitor Visa is rejected .. then would it impact K3 Visa application few months down the line?

No

Cheers

AandLKC

Dec 22 2007, 10:42 PM

that is a good option,

technically you can come to U.S on a visiting visa and get married in las Vegas and apply for AOS .... as far as i know .... or

or

you can marry in india fly together and bring her back on a visiting visa but he has to go back after 6 months

at the POE she is here for sight seeing

this is my opinion

Jigi

Dec 23 2007, 12:53 PM

hi,

I think you straight go for K3... ASAP you get married. Start preparing the paper work so you save the important days between the process and are ready with anything... I know you want to spend time with your Fiance... its beter you go and visit your fiance.... when the paper work is ready and in order there are no last minute hiccups in getting them... I was affected by it .. and my nearly a month was wasted in the start and a few days here and there in between would have beeen saved..... Best of luck

Jigi