can i apply K-1 for my fiance while she's here in the US for a visit?

M

mugena

Registered Users (C)
hi all,

my fiance had been issued a 10-year visitor's visa and has already come to visit me in the US three times before.
she's planning to come again for another visit in May.

i understand that once we have applied for K-1, she has to surrender her current active visitor's visa, and won't be able to come until she gets K-1
therefore, i wanna hold on to the application until she comes in May.
and since she'll stay until July for this visit, we are thinking to file the petition Form I-129F soon after she arrives in May. that means at the time i file the form, she'd be in the US.

would there be any problems in such a case?

thanks all in advance... any inputs would be highly appreciated. :)
 
thanks for your reply.
i understand the rules better now....

but i am also concerned that in case the I-129F gets approved quickly and US embassy sends the documents to my fiance's current living address (oversea of course), then she might not be able to respond to the mail timely since she'll be here in the states for over a month.

please advise again.
thanks a lot
 
It (I-129F) will not get approved in a month's time :)

mugena said:
but i am also concerned that in case the I-129F gets approved quickly and US embassy sends the documents to my fiance's current living address (oversea of course), then she might not be able to respond to the mail timely since she'll be here in the states for over a month.
Click to expand...
 
hello all,

Is this true what this gentleman has to say?
"""""""i understand that once we have applied for K-1, she has to surrender her current active visitor's visa, and won't be able to come until she gets K-1 """"""

Does it mean that once K1 is applied, one cannot meet the fiance???? and if the k1 doesnt get approved for say 6-8months, one has to stay put in India?

even if the person has 10yr visa?

Regards,
Mudita
 
No. This is not true!
You are still 'able' to visit when you have a K1/spousal visa in the works. However, you just have to be aware that because of this, you are expressing future immigrant intent and therefore my face extra srutiny at POE- entry is not guaranteed and therefore it may be required that visitor proves their ties to their home country.
 
Thanks a lot to elcupacabras and Triple Citizen.
Its been very kind of you to help people resolve their concerns.
 
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