Moving fiancee' here on B-2 while awaiting K-1

[Gage 2]

My fiancee' and I are preparing to submit our initial K-1 paperwork. Fortunately, she also happens to have a B-2 tourist visa to the U.S. that is good for another year. We were wondering if there's any reason why she couldn't simply move here on her B-2 while we wait for the K-1 process. Here are a few things I can think of:

1. She'll have to return home every 3 months so as not to overstay her tourist visa

2. She won't be able to work while in the country on her tourist visa

3. She'll still need to provide a Russian postal address and phone number on all of her K-1 paperwork (I'm assuming she couldn't/shouldn't use a U.S. one)

4. Once her K-1 is approved, she'll need to leave the country so she can re-enter it on the fiancee' visa.

Are there any other pitfalls people can think of? I'm also a bit worried about the medical insurance issue. If she's living here for a year or longer while on a B-2, there's no way to get her medical insurance coverage. I don't know whether her home country (Russia) would cover any medical bills through their socialized medicine.

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

PITFALL: the POE CAN deny entry. Having a visa is no guarantee of entry.

[Gage 2]

FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

PITFALL: the POE CAN deny entry. Having a visa is no guarantee of entry.

Thanks for the link. As for the other pitfall, it's a given any person can be denied entry to the U.S. whether they have a visa or not. Heck, customs could refuse my own entry back in to the country if they didn't like my passport. But as it is, she's already been in an out of the U.S. a couple of times on her B-2, so there's no reason they would suddenly refuse her.

[chris4gretchen 1]

FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

PITFALL: the POE CAN deny entry. Having a visa is no guarantee of entry.

Thanks for the link. As for the other pitfall, it's a given any person can be denied entry to the U.S. whether they have a visa or not. Heck, customs could refuse my own entry back in to the country if they didn't like my passport. But as it is, she's already been in an out of the U.S. a couple of times on her B-2, so there's no reason they would suddenly refuse her.

actually after you file the K1, they could refuse her B2 since they will both be in the system. And it has happened numerous times. You should be ok as long as she has good proof of ties to her country.

Chris

[Gage 2]

Well, she had good enough evidence of ties to her country to get the B-2 in the first place, which is not an easy thing for a young single Russian woman. I guess if she moves here on the B-2 while awaiting the K-1 (and leaves and attempts to re-enter), she'll need to carry with her at all times the evidence that got her the B-2 to begin with; her letter listing her full time employment, evidence of family and owned property, etc. Obviously she'll have to quit her job when she comes over here. I'd hate to have her go home for a few days to reset her tourist visa, then be stopped re-entering the U.S. Then she'd be stuck back in her home country without a job or a place to live (because she'll have to rent out her house). But whether she's living with me on a tourist visa and unable to work, or whether she's stuck in her home country without a job, either way I'm supporting her.

[justashooter 430]

Well, she had good enough evidence of ties to her country to get the B-2 in the first place, which is not an easy thing for a young single Russian woman. I guess if she moves here on the B-2 while awaiting the K-1 (and leaves and attempts to re-enter), she'll need to carry with her at all times the evidence that got her the B-2 to begin with; her letter listing her full time employment, evidence of family and owned property, etc. Obviously she'll have to quit her job when she comes over here. I'd hate to have her go home for a few days to reset her tourist visa, then be stopped re-entering the U.S. Then she'd be stuck back in her home country without a job or a place to live (because she'll have to rent out her house). But whether she's living with me on a tourist visa and unable to work, or whether she's stuck in her home country without a job, either way I'm supporting her.

smart money says it would be cheaper to keep her in russia (LOL), but i'm sure the intangible costs are high.

the POE fellows will know she is K1 when she tries to use the B2, and can legitimately refuse entry, since her intent to immigrate is declared by the K1. they may decide that she is coming to do more than see the sights. they are trained to reject, in this case, according to training memos i have seen posted...

[Gage 2]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

[payxibka 10,048]

Thanks for the link. As for the other pitfall, it's a given any person can be denied entry to the U.S. whether they have a visa or not. Heck, customs could refuse my own entry back in to the country if they didn't like my passport. But as it is, she's already been in an out of the U.S. a couple of times on her B-2, so there's no reason they would suddenly refuse her.

Customs does not deny entry....

[TBoneTX 48,099]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

[Minya's wife 25]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

[TBoneTX 48,099]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

[payxibka 10,048]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

ICE has nothing to do with the inspection process.... DHS is the Umbrella organization. If you want to discuss particulars at least get into the correct agency.

The inspection process is done by the CBP.... A two step process 1) immigration or passport control (where entry denial is made) & 2) Customs inspection.

[TBoneTX 48,099]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

The inspection process is done by the CBP.... A two step process 1) immigration or passport control (where entry denial is made) & 2) Customs inspection.

Hmm...: http://www.cbp.gov/xp/cgov/about/mission/cbp_is.xml

And, it can be but is not always a two-step process. I have crossed dozens of times when one agent has served both functions simultaneously, usually but not always at smaller POEs.

Edited October 15, 2008 by TBoneTX

[payxibka 10,048]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

The inspection process is done by the CBP.... A two step process 1) immigration or passport control (where entry denial is made) & 2) Customs inspection.

Hmm...: http://www.cbp.gov/xp/cgov/about/mission/cbp_is.xml

And, it can be but is not always a two-step process. I have crossed dozens of times when one agent has served both functions simultaneously, usually but not always at smaller POEs.

Did I say a two man process?

[Chica Yeyé 41]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Chances are HIGH that once her K-1 paperwork is in the system she could be denied entry - why? as you know, it is always hard for a single Russian female to get a B2 in the first place, precisely because of the risk as it refers to intent to immigrate. This only gives a bigger red flag. If you decide to risk it, she needs to be prepared to show STRONG ties to Russia every time she attempts entering the US (as in apartment lease, mortgage or the like; letter from employer expecting her back; etc.). And even with strong ties, she can always be denied entry because her intent is indeed to immigrate.

Good luck