Beneficiary arrive with visitor visa prior to filing I-129F?

[asianromantic 0]

My fiance and I are ready to send in I-129F application.

 

For personal reasons, she has decided that she must come here to visit me (this will be on tourist visa)

Assuming that it is not an option for her to just wait in her country (I realize that this is the easiest option of course), would it still be possible to file for I-129F after she arrives?
In part 38 they ask if she is still in the United States and if she entered as a visitor, etc (she will enter as a visitor) so I would declare here that she is already in the United States.

 

Has anyone done this before? Should I wait a few weeks before submitting the application? Would this be a form of visa fraud? (In my eyes it is not because she would have to leave for 90 days anyways and there's no way the k-1 can be finished that quick, thus she did not enter the u.s. with the intention of marrying that trip)

 

 

Many thanks!

 

And again, I really do realize that her staying abroad is the easiest option, but assuming this is not an option, what is the best approach?

[EandH0904 1,184]

You're overthinking this. If she gets a visitor visa, great . Like you said, she's going back home so it's fine. Just don't use the visitor visa as a sneaky way to get married and adjust status. That's visa fraud and makes it more difficult for other a in the future. 

[asianromantic 0]

Oh and to add, I am not saying she will stay here forever after entering, she'd leave after 2--3 months and then wait for k-1 visa to get approved

[JE57 243]

What she is planning is perfectly fine..  In fact, if you file the I-129F once she's in the USA it might actually be easier as you can put together the evidence that you'll use in front loading the application together rather than trying to do so over long distance.  The only cautions that I would give to you are 1) Make sure that she is truthful at the port of entry about the purposes of her trip... DO not ever lie to immigration officials as this could come back to haunt her when she does the interview for the K-1 later.      2) A tourist VISA does not guarantee entry to the USA.  She could still be turned back at the POE so under the circumstances she should bring with her evidence of ties to home country and have a defined timeline of when and why she must return.  

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The officer at the POE will decide how long she is allowed to stay..  It could be only a few days beyond her return ticket or could be 6 months.  You won't know till she goes thru.  If asked how long she plans to stay the longer she says the more suspicion it will raise and the more evidence she'll need to prove intent to return home. 

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[KULtoATL 1,552]

Filing I-129F while she's in the US with a B2 is fine as long as she leaves after visiting before her I-94 expires. That's not visa fraud.

 

Visa fraud is when she enters with a B2 but has a pre-conceived intent to adjust her status. 

 

However, you guys should be prepared for potential visa and/or entry denial. Bring plenty of evidences to show her strong ties back to her home country. Always be honest when questioned by a consular officer at the B2 interview and CBP officer at the POE.