Fiance coming to California while petitioning using I-129F

[bongolips]

I plan on traveling to the UK where my fiance resides to visit her during Christmas and the New Year. We then both plan on traveling back together, with the understanding that we are required to get married within 90 days.

So if I petition using form I-129F now before my trip, can my fiance stay until we receive an interview appointment in her country or does my fiance have to return to the UK after the usual 90 days regardless?

Any advice would be greatly appreciated. Thanks!

 

[angeleyes9001]

Hi Bongolips,

After reading your post I was wondering if you knew that UK citizens can come to the US without a visa?? Why not just let him/her come here first?

About the K1- ummm yah... it takes a while. I filed the petition in October for a K1 for my fiance - and not so much as a peep from the USCIS. I mean we got the standard reply .. "blah blah we have your application and will process applications in the order they were received.. blah blah"
From all the boards I've read - it takes 6-8 months to get processed.

I think you won't have any problem bringing your fiance here to visit after xmas to visit - but even if you are "processing a K1 fiance visa, he/she cannot stay here on a tourist visa passed the 90days allowed - even if you've filed the petition- because the petition is not approved and your fiance is still considered a tourist - until the petition is approved - the status of the foreigner does not change.

However, if you get married right away - within the 90days (usually the time allowed for a tourist visa anyway), then you would apply for a K3 - which is a spousal visa not a fiance visa.
However, I am not sure if he/she would have to return home - if you are married and he/she is already here.
But, I will say this... if you get married while on a tourist visa - and process the K3 paperwork that way.. I've read and heard that it really pisses off the US government b/c then they think you are trying to go around the rules and not doing things the right way. I'm not saying they would hold up your paperwork on purpose, but I am saying that IT WILL take longer.

I would read up on the US visa webpage for more info. Go to http://www.state.gov/travel

then go to "immigrant" visas - it will be under K - or spousal visas.

Also, all the info I've provided is from my own research on the USCIS site, the State.gov site, forums and immigrations sites, etc. I could be wrong- but I have done my research... i'm not saying I'm a know-it-all.. just saying.. i'm in the same boat as you.

GOOD LUCK and happy holidays!!

 

[angeleyes9001]

I found this on "fast K1" website... useful information!!! Hope this helps!!

Can I apply for my fiance to visit U.S. on a tourist visa and remain in the U.S.?

The problem is that a main condition of both a tourist visa and the visa waiver program is your fiance's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that intent to marry a U.S. citizen is the same as intent to immigrate. If your fiance enters the U.S. as a tourist, without disclosing that they are your fiance and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the Consulates know that the K-1 fiance visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiance could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiance really intends to return home after your wedding. Finally, if you use this option, your fiance will have to return home after your wedding, and you will need to apply for a K-3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. a process that is just as complicated and lengthy as obtaining a K1 fiance visa in the first place.

Using the K1 fiance visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiance to come to the U.S. to marry.

I plan on traveling to the UK where my fiance resides to visit her during Christmas and the New Year. We then both plan on traveling back together, with the understanding that we are required to get married within 90 days.

So if I petition using form I-129F now before my trip, can my fiance stay until we receive an interview appointment in her country or does my fiance have to return to the UK after the usual 90 days regardless?

Any advice would be greatly appreciated. Thanks!