Filing for K-1 Visa while Fiance is in USA with tourist visa?

[sacramento 0]

Hello everyone,

Quick backround: I have been dating my fiance for 3 years. She has a tourist visa which she has used to visit the USA 4-5 times for the last 2 years, and I have also been down to South America to visit her 5 times. No overstays for either of us. Now we are looking to get married and be together for good.

So I just got back from a free consultation with an immigration lawyer. She told me that getting married on a tourist visa and my fiance staying and adjusting status is a bad idea. I understand this. What I don't understand, is why my fiance can't come here on her tourist visa and then we can immediately file the K-1 paperwork, and she can stay here for 6 months max on her tourist visa, or until she has to go back to her home country for an interview ( which ever comes first). The lawyer said that the immigration officials will not take kindly to this? But we have no intent of her using her tourist visa for immigration intent, and will not have her stay more than the allowed 6 months. I have read on this forum that this is ok. I don't see why this lawyer made it seem like such a bad idea...I was not impressed with her. She seemed to timid to be a lawyer.

Any advice would be appreciated

[danielleNJ 1]

My fiance and I were in a similar situation. We were together for just under a year and he'd visited me 3 times in the US, never overstaying. We sent in our I-129F while he was still in the US (September 2011). We just made sure to submit copies of all his boarding passes/passport stamps and flight intineraries (to prove he'd never overstayed and had booked a flight back home to Australia). We were approved with no RFE's and are now waiting for our case to reach the embassy!

The reason they don't want you coming to the US on a tourist visa and then marrying and filing for AOS is because it is illeagel to visit the US with the intent to marry. When you have a tourist visa, you have to return home before that visa expires. It doesn't matter if you file for your K1 while your fiance is the US, she can even visit you while it's processing (or you can visit her). The lawyer probably just advised against it because the safest bet is to file while you're each in your own countries.

Good luck! Hope I could help!

Danielle

[sacramento 0]

My fiance and I were in a similar situation. We were together for just under a year and he'd visited me 3 times in the US, never overstaying. We sent in our I-129F while he was still in the US (September 2011). We just made sure to submit copies of all his boarding passes/passport stamps and flight intineraries (to prove he'd never overstayed and had booked a flight back home to Australia). We were approved with no RFE's and are now waiting for our case to reach the embassy!

The reason they don't want you coming to the US on a tourist visa and then marrying and filing for AOS is because it is illeagel to visit the US with the intent to marry. When you have a tourist visa, you have to return home before that visa expires. It doesn't matter if you file for your K1 while your fiance is the US, she can even visit you while it's processing (or you can visit her). The lawyer probably just advised against it because the safest bet is to file while you're each in your own countries.

Good luck! Hope I could help!

Danielle

Ok great thanks! Looks like we will pursue filing for the K1 visa while she is here visiting with the tourist visa then! I just wanted to make sure that this would not jeopardize our plans of being together. I kind of got the feeling while speaking to the lawyer that follows the law 150% and did not even want to consider any alternate options of us being together during the processing period.

What about marrying here on a tourist visa, filing paperwork for I130 , and then sending her back home before her 6 months are up? Then she could come back when the I-130 and other documents are all said and done? Would doing this also be legal?

Thanks and good luck with your situation!

[danielleNJ 1]

Ok great thanks! Looks like we will pursue filing for the K1 visa while she is here visiting with the tourist visa then! I just wanted to make sure that this would not jeopardize our plans of being together. I kind of got the feeling while speaking to the lawyer that follows the law 150% and did not even want to consider any alternate options of us being together during the processing period.

What about marrying here on a tourist visa, filing paperwork for I130 , and then sending her back home before her 6 months are up? Then she could come back when the I-130 and other documents are all said and done? Would doing this also be legal?

Thanks and good luck with your situation!

I'm sure that's why the lawyer told you to wait til she was back home. Just wanted to make sure there was no chance of you getting denied. As long as she's always returned on time in the past and has a return ticket, it shouldn't be an issue.

The reason it is extremely difficult, if not impossible, to marry while on a tourist visa and then adjust status is because you have to be able to prove that she entered the US with no intention of getting married and adjusting status. Because you two have been visiting back and forth, this would probably be extremely difficult to prove. If you got caught, it would be considered visa fraud and she would be sent back to her country. In your circumstance, I would definitely go for the K1.

Good luck again!