K1 – How long it takes, etc.?

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Crazy57

Registered Users (C)
My girl friend has visitor visa and visited me here in US once. I asked USCIS if we could marry while she was here in US and got the advice not to do it because visitor visa assumes no immigration intent and if we get married this will not look good for her and her next visa (forgot what type) may be denied. Makes sense.

Then I asked the American embassy in her country what’s the fastest way to get married and have her here in US. They told me it’s through the K1 visa – back then I didn’t even know about this possibility – and they said the process takes roughly 5 months.

Well, I still have few good months before becoming citizen and was counting on 5 more months after that to get the K1, but reading through these threads it looks like K1 takes a lot more than 5, because when people say K1 takes 5 months they mean the time until the I-129 is approved. Could anybody who has recently gone through this shed some light please?

Another thought we have is for her to come here while I wait for the completion of the naturalization process. Could she still stay here while I file I-129 and go back just for the interview, medical exams, etc.?

Thanks,
Crazy57
 
Yes, provided she does not overstay her B-2 based I-94.

Crazy57 said:
Another thought we have is for her to come here while I wait for the completion of the naturalization process. Could she still stay here while I file I-129 and go back just for the interview, medical exams, etc.?
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I’m afraid that if she comes after I file for her K-1 visa, they may deny her entry on a tourist visa. To avoid this situation, should she rather come before I file?

Thanks,
Crazy57
 
She can be visiting you in the US when you file her K-1. She still has to depart before her I-94 expires.

Crazy57 said:
I’m afraid that if she comes after I file for her K-1 visa, they may deny her entry on a tourist visa. To avoid this situation, should she rather come before I file?
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I will summarize my situation here before asking a new question.

1. I applied for citizenship and I’m scheduled for interview end of August.
2. My fiancée will come in US based on her tourist visa; she has done it before this spring.
3. Right after her arrival (assuming I get the citizenship by then) I will file for her K-1 visa (this way we don’t risk her entry to be denied when she comes as a tourist).
4. She will stay in US until she needs to go back to have her interview and medical exams done for her K-1 visa.

Based on the above scenario, we think she’ll plan to stay here 6 months and if she needs to return sooner we’ll change flight tickets accordingly. Question: will her request for a 6 month stay raise eyebrows at the border? Should she ask for 3 months and then try to extend if needed?

Thanks,
Crazy57
 
She should not ask for any specific time period. She should state her purpose of visit and let the POE officer decide the duration.

Crazy57 said:
Question: will her request for a 6 month stay raise eyebrows at the border? Should she ask for 3 months and then try to extend if needed?
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You mean she should disclose about the future K-1 application? Wouldn’t this appear like immigration intent and trigger a denial of her entry based on a tourist visa?

Thanks,
Crazy57
 
No, she should not mention the K-1 application unless she is explicitly asked about it. She should state her purpose of visit as "visiting my fiance'".

Remember the golden rule about POEs. Never lie and never volunteer information.

Crazy57 said:
You mean she should disclose about the future K-1 application? Wouldn’t this appear like immigration intent and trigger a denial of her entry based on a tourist visa?
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