Tourist visa then k-1?

[dowd001 0]

Fiancee and I are flying back on Sunday from overseas. She is entering on a tourist visa. She has been back and forth to the States on a number of occasions.

We plan on submitting the 129f the day after she enters the states, with the proper I-94 information and all that. We are obviously doing this so we can be together while we process the fiancee visa. But, my understanding is that there is also some risk of entering the country on a tourist visa with an intent to immigrate. Submitting the 129f one day after entering the country seems to suggest such an intent to immigrate.

Does anyone out there have an experience with submitting the 129f immediately after entering the country on a tourist visa?

Thanks.

[aussiewench 9]

There is nothing wrong with submitting the I-129F whilst she is in the US with you. She would however have to make sure she leaves when she is supposed to and then attend the interview in her resident country for the K-1 visa. Be honest at the POE when asked the purpose of the visit. If they ask business or pleasure....answer pleasure. No need to answer more then is asked. Have plenty of evidence of ties to her home country. There is always the chance of being denied entry regardless, even when nothing to do with petitions that have or will be submitted. Anyone entering the US is always looked on as having immigrant intent. All the best to you both.

Lorelle