Fiancée in US on Tourist Visa while applying for K-1 Visa

[paolodeslaur 0]

Hi all,

I have a question about applying for the K-1 Visa for my fiancée given the following situation:

*She is currently in the US, visiting on a Tourist Visa

*She will be here for 2 months (it is currently 01/08/2016 and she is staying until 3/9/2016)

* She plans to go home on 3/9/2016 and reenter the US on her Fiancée Visa a month or so later, whenever she gets her Fiancé Visa

My question is the following: when I state that my fiancée is in the US on my I-129F form, will it be assumed that she wants to receive her Fiancée Visa while she's still here and not return home? Or will it be assumed that she will return home, and then come back to the US on her Fiancée Visa?

Thanks so much for any help!

All the best!

[NigeriaorBust 4,088]

visas aren't issued in the US. She will go home for her medical and interview

[Lainie B 465]

Why not just get married now and then apply for her adjustment of status? No need for a visa if she's already in the US.

[paolodeslaur 0]

visas aren't issued in the US. She will go home for her medical and interview

Thanks for your input! So it's impossible for her to get her visa while she's here? That's good to know.

Why not just get married now and then apply for her adjustment of status? No need for a visa if she's already in the US.

Thanks for your response! My concern with doing this is that if they perceive that she came in the US on a tourist visa with the intention of getting married, that would constitute 'visa fraud'. So even if there is a small chance that that would happen, I'd like to avoid the risk.

[JayJayH 546]

Hi all,

I have a question about applying for the K-1 Visa for my fiancée given the following situation:

*She is currently in the US, visiting on a Tourist Visa

*She will be here for 2 months (it is currently 01/08/2016 and she is staying until 3/9/2016)

* She plans to go home on 3/9/2016 and reenter the US on her Fiancée Visa a month or so later, whenever she gets her Fiancé Visa

My question is the following: when I state that my fiancée is in the US on my I-129F form, will it be assumed that she wants to receive her Fiancée Visa while she's still here and not return home? Or will it be assumed that she will return home, and then come back to the US on her Fiancée Visa?

Thanks so much for any help!

All the best!

Since you're not married, and you are applying for a visa, it will be assumed (and required) for her to go home and apply for the visa.

Thanks for your input! So it's impossible for her to get her visa while she's here? That's good to know.

Thanks for your response! My concern with doing this is that if they perceive that she came in the US on a tourist visa with the intention of getting married, that would constitute 'visa fraud'. So even if there is a small chance that that would happen, I'd like to avoid the risk.

It's not visa fraud to enter on a tourist visa with the intention of getting married, people do it all the time. In fact, if the intent is to get married in the U.S. and return home, a tourist visa is the only appropriate visa. It's only fraud to enter on a tourist visa with the intention of staying.

However, the burden of proof to prove that she intended to file for adjustment of status when entering the country would be on the USCIS, thus denials and prosecution rarely happens unless there's overwhelming evidence.

Edited January 9, 2016 by JayJayH

[Unshakable Faith 493]

I'd say stay and adjust status. She won't be able to go back home until you marry and she receives her EAD/AP to travel, but that's the only downside to her staying and just adjusting status. If you're looking to file the K1, it will probably take 6+ months for the whole process if everything goes smoothly- and again, she'll have to go back home to do her medical, get her police reports, and complete her interview.

[paolodeslaur 0]

Since you're not married, and you are applying for a visa, it will be assumed (and required) for her to go home and apply for the visa.

It's not visa fraud to enter on a tourist visa with the intention of getting married, people do it all the time. In fact, if the intent is to get married in the U.S. and return home, a tourist visa is the only appropriate visa. It's only fraud to enter on a tourist visa with the intention of staying.

However, the burden of proof to prove that she intended to file for adjustment of status when entering the country would be on the USCIS, thus denials and prosecution rarely happens unless there's overwhelming evidence.

Thanks for your comment! If we do get married while she's here, she will want to file for adjustment of status (although this was not our original intention, we had always assumed she'd have to apply for a fiance visa if we decided to get married). Does this change your opinion of what we should do?

[paolodeslaur 0]

I'd say stay and adjust status. She won't be able to go back home until you marry and she receives her EAD/AP to travel, but that's the only downside to her staying and just adjusting status. If you're looking to file the K1, it will probably take 6+ months for the whole process if everything goes smoothly- and again, she'll have to go back home to do her medical, get her police reports, and complete her interview.

Thanks for your input! It's looking more and more like the best thing to do is just get married. Is there anything we should do now to be able to provide evidence that she didn't come with the intention of getting married? Or is this really not that big of a deal?

[blackeyedsusan 32]

I might be new to this immigration circus, but even if you got married wouldn't she still be bound by the dates of the tourist visa? If somebody overstays a tourist visa that's fraud, correct? No matter why they overstayed? I didn't think you could just adjust status if you really have no status to adjust.

[Lainie B 465]

I might be new to this immigration circus, but even if you got married wouldn't she still be bound by the dates of the tourist visa? If somebody overstays a tourist visa that's fraud, correct? No matter why they overstayed? I didn't think you could just adjust status if you really have no status to adjust.

No, because visa overstay is forgiven for the immediate relative of a US citizen. She'll be adjusting status from a tourist visa.

[Russ&Caro 1,550]

OP, based on the information you are providing us, it sounds like she entered the US for purposes of visiting, as a tourist. This is sort of backed up by the fact that it's only since her arrival that you're asking about marriage options and your original thought is that she would have to return home and go through a K1 visa process. So it doesn't seem to me that she entered on a tourist visa with the intent to stay. I'd say you're good to go to get married and adjust.

p.s. For peace of mind, you might spend $200 or so with an immigration attorney and get their opinion. My wife and I did this about a year before we got married. I found the money to be well spent.