Visiting US on Prior Tourist Visa if Fiancee or Spouse visa is filed??

[hms]

Dear all,

I am new to this forum, and would appreciate any help from you all.

I am a US citizen, and recently got engaged.
My fiancee has a 10 year multiple entry visa to enter the US (B-1), which she had even before we ever met.

We want to get married in the next year, and we were exporing whether we should file for the fiancee or the spouse visa for her to come to the US for good.
But she does need to come over the winter to give some interviews, and write some exams here in the US. We are concerned that she may be refused entry on her prior tourist visa when she has a fiancee or a spouse visa application in process. Is that true?
Or can she come for a short time to give her interviews, and return back until her case (I-130, or 129F) is approved??

Many people have suggested that we have her come here on her tourist visa, and then get 'spontaneously married', but I don't think that would be Kosher, and will NOT do that.

But please guide me as to whether my fiancee will be allowed to enter the US temporarily on her prior valid B1 visa (when our intent would be for her to return back after her interviews/exams) ?

If not, I guess, we will have to wait until she gives her exams, & interviews, on her visa, and wait till she joins her job on a H1 next year, and then adjust her status (we would prefer NOT to do that....)

Thanks!

hms
What is the name of your state? NYWhat is the name of your state?

 

[FLMommy]

It is VERY likely that she will not be able to enter the US while any petition for a visa is pending.

I am a little confused as to your use of fiance/spouse visa. Are you planning on getting marired in the US (then you would have to file a K-1 fiance visa), or overseas? Getting married overseas would be the only reason why you would have to file for a "spouse visa" and that process could take a long time - would you stay that long overseas?

Your best bet is to wait filing for a K-1 visa. Let her come to the US, do her thing, the interviews and all, let her return to her home country, and THEN you file for a K-1 visa. (Have you filed anything yet?)

Once she has the K-1 visa, and enters the US on that, you have 3 months to get married. After you're married, you and her file for her Permanent Residence based on marriage to a US citizen (spousal).

 

[hms]

No, we have NOT filed for either a K-1 or a K-3 as yet; we just got engaged last week, and we are trying to decide what would be the best route for us to take, so we could
1. Get together ASAP (through PROPER CHANNEL!), and equally importantly,
2. Try to save a year of my fiancee's professional career (she will be interviewing for a position to start in summer of '07; interviews are typically in the winter months).
As regards the marriage part, we are both open to it, whenever it fits in our schedules, and whatever helps with the above 2 objectives. I can certainly fly back & get married there, and file for a K-3.....

BTW, I just heard there is a backlog of K visa's (apparently the USCIS is holding 10,000 K visas because of some IMBRA stuff on the I-129F ???)?? Apparently they are NOT processing any K-1, or K-3 visas since March 6, 2006....(public notice on USCIS's homepage....)

 

[evcalyptos]

No, we have NOT filed for either a K-1 or a K-3 as yet; we just got engaged last week, and we are trying to decide what would be the best route for us to take, so we could
1. Get together ASAP (through PROPER CHANNEL!), and equally importantly,
2. Try to save a year of my fiancee's professional career (she will be interviewing for a position to start in summer of '07; interviews are typically in the winter months).
As regards the marriage part, we are both open to it, whenever it fits in our schedules, and whatever helps with the above 2 objectives. I can certainly fly back & get married there, and file for a K-3.....

BTW, I just heard there is a backlog of K visa's (apparently the USCIS is holding 10,000 K visas because of some IMBRA stuff on the I-129F ???)?? Apparently they are NOT processing any K-1, or K-3 visas since March 6, 2006....(public notice on USCIS's homepage....)

She may visit for her business purpose while a petition is on file for her. She should carry evidence of the purpose of her visit, answer all questions asked of her truthfully without volunteering her life story and have evidence of her ties to her home country.

Marry when and where you both want to. The I-129f petition/IMBRA delay has sorted itself out and if you have not yet filed, there is no reason not to.

 

[hms]

Thanks Evcalyptos....
But some people have said that when I file for a K1 or K3 for her, the officer at the POE will see that on his/her computer screen, and may not let her enter, even if she were coming for a legitimate business trip. Is that true?

 

[AHA]

Thanks Evcalyptos....
But some people have said that when I file for a K1 or K3 for her, the officer at the POE will see that on his/her computer screen, and may not let her enter, even if she were coming for a legitimate business trip. Is that true?

She has a chance if she brings plenty of substancial proof that she is returning home after the visit.

 

[evcalyptos]

Thanks Evcalyptos....
But some people have said that when I file for a K1 or K3 for her, the officer at the POE will see that on his/her computer screen, and may not let her enter, even if she were coming for a legitimate business trip. Is that true?

It's always true that a non-US citizen MAY not be let in, no matter what. Entry is always up to the officer at the POE or border. It is the visitor's responsibility to show that she will comply with the terms of a VISIT and leave the US as required. It is helpful to have evidence of her intention as well.

Since you have now received conflicting information, I encourage you to not just accept the answer you like best, but use this as the opportunity to do some research yourself. You can find the law and many frequently asked questions at uscis.gov (How Do I section) and often on the visa page of the US Consulate in your gf's country.http://usembassy.state.gov/

 

[hms]

Thanks Evcalyptos;shall check this out....
BTW, has the delay in the K1/K3 visas been sorted out??? How are they going to deal with this backlog of 10,000 visas??

 

[evcalyptos]

Thanks Evcalyptos;shall check this out....
BTW, has the delay in the K1/K3 visas been sorted out??? How are they going to deal with this backlog of 10,000 visas??

Yes, the issue is sorted out and delay is minimal---still less than it's been in the past. There is no backlog of 10k visas, there is a media who can't appreciate the subtlties in the immigration process.

Hope all is going well for you.