Moving my Fiance to America

[Domoniq 0]

Hey Everyone!! I really need some guidance. I just got out of the military from Italy where I met my fiance who is Nigerian . I am currently 7 mo pregnant and living in the US. My question is if my fiance comes on the tourist visa can we start the the K-1 visa while he's here? I know they said he cant change his visa status "intentionally"  and with a baby and all it'll be pretty hard not to prove we didn't plan it lol. Also if we do start the K-1 visa process can he just come back and forth every 6 months? We really want to be together during this time and do plan on getting married, I just wanna know the best way to get him here so he can meet his baby before 2-3 years pass :( thank you for any possible help! 

[Boiler 45,664]

Does he have a tourist visa?

[Ontarkie 14,280]

~~Moved to What Visa DO I Need, form General Immigration Discussion.~~ 

 

If he has a tourist visa he can visit while in process.  If he can visit go ahead and marry while he is visiting, (not adjusting his status) you can start the paper work while he is visiting. Then he can returns home after his allowed stay, and he can continue to visit from time to time while it processing. 

[Domoniq Hall 0]

2 hours ago, Ontarkie said:

~~Moved to What Visa DO I Need, form General Immigration Discussion.~~ 

 

If he has a tourist visa he can visit while in process.  If he can visit go ahead and marry while he is visiting, (not adjusting his status) you can start the paper work while he is visiting. Then he can returns home after his allowed stay, and he can continue to visit from time to time while it processing. 

Okay! Thank you!!

[Domoniq Hall 0]

2 hours ago, Ontarkie said:

~~Moved to What Visa DO I Need, form General Immigration Discussion.~~ 

 

If he has a tourist visa he can visit while in process.  If he can visit go ahead and marry while he is visiting, (not adjusting his status) you can start the paper work while he is visiting. Then he can returns home after his allowed stay, and he can continue to visit from time to time while it processing. 

 

3 hours ago, Boiler said:

Does he have a tourist visa?

No we haven’t filed for one yet, I just wanted to make sure he was able to come back in forth while the spouse visa was in process 

[Just Paul 4,595]

In normal times it's better to apply for the tourist before applying for the fiancé visa.   But given the fact he is Nigerian and the soon to be father of an US Citizen, just apply for both now,

[Boiler 45,664]

Yep the K vpuld come first

[carmel34 3,639]

9 hours ago, Domoniq said:

I just wanna know the best way to get him here so he can meet his baby before 2-3 years pass

Also be prepared to go and visit him in Nigeria with the new baby, if he cannot get a tourist visa.  The wait for a B in Lagos is a very long time, and there is a good chance that it will be denied at the interview because he has obvious immigrant intent with an American girlfriend.  Good luck!

[PatLuvO 284]

If he doesn't already have a tourist visa you will probably give birth without him being present. You should go ahead and file the paperwork now for the K1. Also, look into how to get his name added to the birth certificate when your child is born cause it will serve as good evidence for his K1 interview. Wishing you a safe and healthy delivery.

[Domoniq 0]

5 hours ago, carmel34 said:

Also be prepared to go and visit him in Nigeria with the new baby, if he cannot get a tourist visa.  The wait for a B in Lagos is a very long time, and there is a good chance that it will be denied at the interview because he has obvious immigrant intent with an American girlfriend.  Good luck!

Okay, well he's currently a resident in Italy now, so would it be the same process and he would just have to go to the embassy in Italy? Thank you for your advice

12 hours ago, Paul & Mary said:

In normal times it's better to apply for the tourist before applying for the fiancé visa.   But given the fact he is Nigerian and the soon to be father of an US Citizen, just apply for both now,

Okay thank you so much!

[Domoniq 0]

18 minutes ago, PatLuvO said:

If he doesn't already have a tourist visa you will probably give birth without him being present. You should go ahead and file the paperwork now for the K1. Also, look into how to get his name added to the birth certificate when your child is born cause it will serve as good evidence for his K1 interview. Wishing you a safe and healthy delivery.

Okay, I'm wondering if I do the K-1 visa now will the approve his tourist visa? Because technically he won't be changing status, he'd just be visiting until his k1 visa is approved, thank you for your advice!

[Just Paul 4,595]

22 minutes ago, Domoniq said:

Okay, I'm wondering if I do the K-1 visa now will the approve his tourist visa? Because technically he won't be changing status, he'd just be visiting until his k1 visa is approved, thank you for your advice!

The key thing about obtaining a B visa is proving that he does not have immigrant intent.  First it is hard to prove a negative. And the having a pending K1 or Spousal Visa Petition indicates that he has Immigrant Intent. 

[PatLuvO 284]

26 minutes ago, Domoniq said:

Okay, I'm wondering if I do the K-1 visa now will the approve his tourist visa? Because technically he won't be changing status, he'd just be visiting until his k1 visa is approved, thank you for your advice!

The next available toursit dates are in late 2023/early 2024 so he will have his K1 interview before tourist is even available for him. Be prepared to visit Nigeria with the baby to see him in the meantime. Also, his chances of tourist approval are slim to none because his ties to the US are stronger than his ties to Nigeria.

Edited June 6, 2022 by PatLuvO

[African Zealot 1,455]

If he’s legally resident in Italy then he probably has slightly higher odds of obtaining a B visa than if he were resident in Nigeria. Overall chances are still very slim with demonstrated immigrant intent via K visa petition.

 

In any case you lose nothing but $160 by trying. Give it your best shot and thanks for your service. 
 

Good luck 🍀 

[Domoniq Hall 0]

3 minutes ago, African Zealot said:

If he’s legally resident in Italy then he probably has slightly higher odds of obtaining a B visa than if he were resident in Nigeria. Overall chances are still very slim with demonstrated immigrant intent via K visa petition.

 

In any case you lose nothing but $160 by trying. Give it your best shot and thanks for your service. 
 

Good luck 🍀 

Okay thank you! So our best bet is to just do the k1 visa basically