Starting K1 while fiancee is in the US

[lll33 0]

Bear with me... this is a little long, but any help will be much appreciated. My fiancee and I really want to be together as soon as possible, and it seems like the below idea could make that happen, but I would definitely like to hear from anybody who has tried something like this our could provide some feedback on the idea.

My fiancee (who is in China right now) already has a B2 tourist visa that is valid through November of this year. She can stay in the US for six months on this visa. Since the processing time for a K1 visa currently seems to be about 6-8 months, what I want to do is to have her come to US on the tourist visa while we wait out the K1. It seems that she would have to go back to China for the visa interview, but that isn't a problem since that would be happening right around the time the tourist visa expires anyway.

This could happen in one of two ways:

1) I submit the I-129F to start the K1 application, she comes to the US, waits out the six months, then goes back to China for the visa interview before returning to the US on the K1.

2) My fiancee comes to the US, I submit the I-129F, she waits the six months, then goes back to China, does the interview, and ultimately comes back to the US on the K1.

The advantage of option 1 is that I can send in the I-129F right away to get started on the K1, then make plans for her to come over here. The point I'm not sure about is whether or not any red flags would go up at the border if she arrived on a tourist visa, but with a K1 application already started. I'm aware that she wouldn't actually be able to apply for a tourist visa after I send in the I-129F, but in this case, things are a little different, since she already has the tourist visa...

Option 2 seems a little safer. We would have to wait a little longer to start the K1 application, but to me this seems like a perfectly legal use of a tourist visa, since her intention is not to get married and immigrate (until the K1 goes through). But would USCIS have any problem with an I-129F being submitted while my fiancee is actually in the US on a tourist visa? I know they ask this on the form, but it's less clear what would actually happen if you answer yes.

Sorry if this sounds incredibly complicated... well, it is pretty complicated. We just want to be together as soon as we can and this occurred to me as one way to make that happen. Any feedback?

[ADAMandKAREN 15]

I'm sorry i can't answer your question with personal experience because my fiancee doesn't have a visa and has never been to the US.

However.........

My friend who's (now) wife is from Scotland came over many times on VWP while their I-129F was processing so that would lead me to think that your fiancee won't have problems visiting either considering she already has a visa.

Edited March 3, 2011 by ADAMandKAREN

[brownskinned 5]

Bear with me... this is a little long, but any help will be much appreciated. My fiancee and I really want to be together as soon as possible, and it seems like the below idea could make that happen, but I would definitely like to hear from anybody who has tried something like this our could provide some feedback on the idea.

My fiancee (who is in China right now) already has a B2 tourist visa that is valid through November of this year. She can stay in the US for six months on this visa. Since the processing time for a K1 visa currently seems to be about 6-8 months, what I want to do is to have her come to US on the tourist visa while we wait out the K1. It seems that she would have to go back to China for the visa interview, but that isn't a problem since that would be happening right around the time the tourist visa expires anyway.

This could happen in one of two ways:

1) I submit the I-129F to start the K1 application, she comes to the US, waits out the six months, then goes back to China for the visa interview before returning to the US on the K1.

2) My fiancee comes to the US, I submit the I-129F, she waits the six months, then goes back to China, does the interview, and ultimately comes back to the US on the K1.

The advantage of option 1 is that I can send in the I-129F right away to get started on the K1, then make plans for her to come over here. The point I'm not sure about is whether or not any red flags would go up at the border if she arrived on a tourist visa, but with a K1 application already started. I'm aware that she wouldn't actually be able to apply for a tourist visa after I send in the I-129F, but in this case, things are a little different, since she already has the tourist visa...

Option 2 seems a little safer. We would have to wait a little longer to start the K1 application, but to me this seems like a perfectly legal use of a tourist visa, since her intention is not to get married and immigrate (until the K1 goes through). But would USCIS have any problem with an I-129F being submitted while my fiancee is actually in the US on a tourist visa? I know they ask this on the form, but it's less clear what would actually happen if you answer yes.

Sorry if this sounds incredibly complicated... well, it is pretty complicated. We just want to be together as soon as we can and this occurred to me as one way to make that happen. Any feedback?

I go for step 2. I got a b1 b2 us visa too . went for a visit to the us. but the only diff is hubby filed i29f when i got back to the phils

[lovest 5]

I think option one is good, since you would start right away with the whole process. I visited my fiancé three or four times while waiting for my K-1 and I never had a problem, I showed the officer the NOA1, and the NOA2 (when we got it). They seemed happy to see that we were doing things the right way, but of course that's your choice (: Good luck!

[SabrinaFrance 8]

Bear with me... this is a little long, but any help will be much appreciated. My fiancee and I really want to be together as soon as possible, and it seems like the below idea could make that happen, but I would definitely like to hear from anybody who has tried something like this our could provide some feedback on the idea.

My fiancee (who is in China right now) already has a B2 tourist visa that is valid through November of this year. She can stay in the US for six months on this visa. Since the processing time for a K1 visa currently seems to be about 6-8 months, what I want to do is to have her come to US on the tourist visa while we wait out the K1. It seems that she would have to go back to China for the visa interview, but that isn't a problem since that would be happening right around the time the tourist visa expires anyway.

This could happen in one of two ways:

1) I submit the I-129F to start the K1 application, she comes to the US, waits out the six months, then goes back to China for the visa interview before returning to the US on the K1.

2) My fiancee comes to the US, I submit the I-129F, she waits the six months, then goes back to China, does the interview, and ultimately comes back to the US on the K1.

The advantage of option 1 is that I can send in the I-129F right away to get started on the K1, then make plans for her to come over here. The point I'm not sure about is whether or not any red flags would go up at the border if she arrived on a tourist visa, but with a K1 application already started. I'm aware that she wouldn't actually be able to apply for a tourist visa after I send in the I-129F, but in this case, things are a little different, since she already has the tourist visa...

Option 2 seems a little safer. We would have to wait a little longer to start the K1 application, but to me this seems like a perfectly legal use of a tourist visa, since her intention is not to get married and immigrate (until the K1 goes through). But would USCIS have any problem with an I-129F being submitted while my fiancee is actually in the US on a tourist visa? I know they ask this on the form, but it's less clear what would actually happen if you answer yes.

Sorry if this sounds incredibly complicated... well, it is pretty complicated. We just want to be together as soon as we can and this occurred to me as one way to make that happen. Any feedback?

Both options are possible, but with option one you run the risk of your fiance being questioned at the POE when she comes on her visitor's visa, even if what you would be doing is perfectly legal, it could raise questions from the customs office.

If I were you I would choose option 2 just for the peace of mind. You could have all the documents ready, and as soon as she enters the country on her B2 you send the I-129 package to start the process.

Edited March 3, 2011 by SabrinaFrance

[max+patricia 24]

2) My fiancee comes to the US, I submit the I-129F, she waits the six months, then goes back to China, does the interview, and ultimately comes back to the US on the K1.

My fiancee and I did exactly this, although it wasn't entirely planned. She came at the beginning of December, I sent off our packet about a week later, we had about 2 months together, and then she left back to Venezuela in mid-February. No problems at all - if anything, it killed a few months we would have spent waiting without each other - something alot of people on here aren't so fortunate to even have as a possibility.

One thing that I should point out is that at POE, even if you haven't filed I-129F yet, if your SO says she's here to visit her fiancee it will likely trigger some additional grilling by the immigration officer. Definitely do NOT lie about it, but have her be prepared with every document she can find showing strong ties to her home country - and be aware that even then, she can still be denied (anyone can). Also, don't exactly bank on 6 months - the immigration officer who stamps her I-94 at the airport decides how long she has (1 month, 3 months, 6 months, etc). My fiancee didn't have any problem at POE (Miami) but she had been to the US about 200 times in the past 10 years and likely showed low risk to overstay her visa this time. Make sure your fiancee can demonstrate intent to return and I'm sure she'll be fine. Good luck to you guys!

Edited March 3, 2011 by m+p

[lovest 5]

My fiancee didn't have any problem at POE (Miami) but she had been to the US about 200 times in the past 10 years and likely showed low risk to overstay her visa this time. Make sure your fiancee can demonstrate intent to return and I'm sure she'll be fine. Good luck to you guys!

That's absolutely right! I've never had any issue at the POE, but maybe that was due to my past visits to the states (way too many to count them), and I never overstay or cause any trouble. Hopefully she'll be fine (: Good luck!

Edited March 3, 2011 by lovest

[lll33 0]

Thanks for the feedback, everybody. It's looking like we'll go with the first option (I'll submit the paperwork for the K1 and she'll come over on her tourist visa after that). After I posted this, I found out this is a common question. Based on experiences that other people have posted about, it looks like what usually happens is that people get questioned very closely, but they do manage to get in. With any luck, she'll get six months at the border and we won't have to mess around with going in and out until her interview in the fall...

[GeoffandAnna 19]

couldn't you just marry within those six months and apply for an adjustment of status, without the need for her to go back at all?

[max+patricia 24]

couldn't you just marry within those six months and apply for an adjustment of status, without the need for her to go back at all?

Yes you could, but if you can't prove that the marriage and stay was unplanned and just happened while here on her tourist visa, you could find her AOS denied, deported, and blacklisted. Serious business, not recommended.

[max+patricia 24]

Thanks for the feedback, everybody. It's looking like we'll go with the first option (I'll submit the paperwork for the K1 and she'll come over on her tourist visa after that). After I posted this, I found out this is a common question. Based on experiences that other people have posted about, it looks like what usually happens is that people get questioned very closely, but they do manage to get in. With any luck, she'll get six months at the border and we won't have to mess around with going in and out until her interview in the fall...

May I ask, has she been here before? If she comes for 6 months, what kind of documentation will she have to show intent to return? I only ask because leaving for 6 months probably means she won't have a job waiting for her, so no letter from employer, and no apartment lease, right? You will need some VERY substantial proof, something to definitely consider.

Alot of people (including my fiancee and I) couldn't come up with that much proof if we wanted to, especially for a 6 month stay - so when we asked ourselves if it was worth paying for an international flight with the possibility of being denied at entry, the risk of emotional trauma is pretty high. We decided against it (not to say that you should too). If you do decide to go through with it, again, bring anything and everything showing her intent to return (a roundtrip ticket alone won't cut it). Just a heads up, good luck to you guys!

[canadian_wife 1,831]

She should travel with strong ties to China to make her crossing easier!

Good luck

[garfield529 47]

One BIG issue to consider is that she IF you are going to have her stay with you until just prior to the interview, then who is going to take care of her P3, get her police report, singleness certificate, ect.? These are things that you will need to consider. The other issue is that sometimes POE is denied if they know the B2 holder is engaged, because they see the potential for intent to immigrate. So, she will have to be honest, otherwise she will have a LIE in her file. I am pulling for you, just some things to consider. Good luck!