Visitor Visa While waiting on K-1

[US_SL 2]

Hello all:

I would like to get your guys opinion on what if my faincee applies for a visit visa to join me for x-mas and waits in US until her papers going back to the embassy for finacee visa processing. Gary informed me that of course she can apply for it but not sure whether she gets it. I know the chnaces are very slim but what if we tell the truth and just apply for it. Tell the CO that she has a pending K-1 petition and our initial plan was to get married close to x-mas so we can start our lives together in new year!My fiancee has travlled a lot and still have active visas to europe. She has enough assetts and good job.

Its only 3 months since i sent I-129F and we were thinking to apply for it by early December if we don't see an approval of the petition. We are still thinking about it but wanted to know what you all think about this? Of course in the DS-156 she can say that she has a fiance in US and have a copy of the I-129F package with NOA1 present at the interview.

Please let me know what you think?

Thanks,

[Gary and Alla 3,694]

Hello all:

I would like to get your guys opinion on what if my faincee applies for a visit visa to join me for x-mas and waits in US until her papers going back to the embassy for finacee visa processing. Gary informed me that of course she can apply for it but not sure whether she gets it. I know the chnaces are very slim but what if we tell the truth and just apply for it. Tell the CO that she has a pending K-1 petition and our initial plan was to get married close to x-mas so we can start our lives together in new year!My fiancee has travlled a lot and still have active visas to europe. She has enough assetts and good job.

Its only 3 months since i sent I-129F and we were thinking to apply for it by early December if we don't see an approval of the petition. We are still thinking about it but wanted to know what you all think about this? Of course in the DS-156 she can say that she has a fiance in US and have a copy of the I-129F package with NOA1 present at the interview.

Please let me know what you think?

Thanks,

Always tell the truth. Applying for a visitor visa will not affect your K-1. LYING on the form for a visitor visa WILL affect your K-1. Always tell the turth and hope for the best.

If she comes to visit, DO NOT get married while a K-1 is pending. Let her go home, get the K-1 and then come back.

Edited November 7, 2010 by Gary and Alla

[Oscar and Natalie 0]

Also, provided the B2-tourist visa is issued, just be cognizant of the I-94 departure and arrival requirements. So that your fiance doesn't overstay their visa. That would also affect a K-1.

[US_SL 2]

Of course we will follow all legal procedures by the book. Just a matter of spending time with her until her K-1 is processed. Do you all think CO will be sympethetic and grant her the visa? Cos CO knows she is going to stay in US permanently once K-1 is approved. Basically CO needs to trust her/his senses her issue her the visa demanding her that she BETTER comeback in order to process teh K-1 and get married after that. Anything else you guys can see here? because if she comes she need to resign her job and of course she would tell this to the CO....

[Gary and Alla 3,694]

Of course we will follow all legal procedures by the book. Just a matter of spending time with her until her K-1 is processed. Do you all think CO will be sympethetic and grant her the visa? Cos CO knows she is going to stay in US permanently once K-1 is approved. Basically CO needs to trust her/his senses her issue her the visa demanding her that she BETTER comeback in order to process teh K-1 and get married after that. Anything else you guys can see here? because if she comes she need to resign her job and of course she would tell this to the CO....

COs are not sympathetic. You need to prove she will return.

So, hmmm, she is enaged to be married and the beneficiary of a K-1 peition AND she quit her job! Good luck with that. It would be best if she had a letter FROM her job saying she has applied for vacation and will be returning to work on...(date). You need to show reasons she will RETURN.

You also need to be aware that IF she comes on a visitor visa and you get married it will be impossible to prove she did not enter for that purpose as you have already filed for a K-1. That would be fraud and make AOS extremely difficult if not impossible. There IS NO shortcut and if you attempt one she can be barred permanently. The K-1 is, in fact, THE SHORTCUT in itself.

[US_SL 2]

COs are not sympathetic. You need to prove she will return.

So, hmmm, she is enaged to be married and the beneficiary of a K-1 peition AND she quit her job! Good luck with that. It would be best if she had a letter FROM her job saying she has applied for vacation and will be returning to work on...(date). You need to show reasons she will RETURN.

You also need to be aware that IF she comes on a visitor visa and you get married it will be impossible to prove she did not enter for that purpose as you have already filed for a K-1. That would be fraud and make AOS extremely difficult if not impossible. There IS NO shortcut and if you attempt one she can be barred permanently. The K-1 is, in fact, THE SHORTCUT in itself.

Gary, we are not plannint to get married at all when she is on a visiting visa. I know how difficult it is when AOS comes. We are not trying to do anything illegal. This a very tricky issue i guess.

Thank you so much for your insight,

[Gary and Alla 3,694]

You rproblem will be many fold...

1. She clearly has intent to immigrate to the US

2. She has someone to support her if she does this

3. She is quittng her job.

You need to overcome that and satisfy them that she WILL return. They will not "threaten" her, they will just deny her visitor visa. Give it a shot, but remember you have to demonstrate she will return for a pretty compelling reason

[Aztec&Taino 144]

Gary, we are not plannint to get married at all when she is on a visiting visa. I know how difficult it is when AOS comes. We are not trying to do anything illegal. This a very tricky issue i guess.

Thank you so much for your insight,

I understand the frustration. I do not know how difficult it is to obtain a tourist visa for Sri Lankans, but I know it is quite difficult for many people around the world. You may have to do as so many of us need to do; you -the US citizen- would be the one to visit your fiancee. That is what I, and many others in this process, need to do if we want to see our fiance(e)s before the interview (if the petitioner chooses to attend) or before they come to the US through their K1 visas. Could you visit her? Any holiday vacation time coming up?

Best wishes!