Safe to visit US with tourist visa after I-129F/G-325A submission?

[johnny206]

My fiance in China has a valid tourist visa that expires 8/1/2014. I plan to submit I-129F/G-325A in a couple of days to get the K-1 fiance visa process rolling. My question is, will it jeopardize anything if she visits on her tourist visa during this time? Thank you!

[newacct]

Visiting or trying to visit will not jeopardize the K-1. Worst case would be that she is denied entry on the tourist visa.

[dnoblett]

Yes, it would not affect the I-129F process. However as was said before she could be denied entry.

 

However here is another option, if you are planning on her visiting sometime in the next few months, you could always marry her while she is visiting, and simply file an I-130 for a spouse visa, and have her return to China when her visit is up and then interview for a CR-1 spouse visa instead of a K-1. The fees are less, and she would have a green-card upon entry on the spouse visa allowing travel and work.

[Greg.D.]

Yes, it would not affect the I-129F process. However as was said before she could be denied entry.

 

However here is another option, if you are planning on her visiting sometime in the next few months ... [ S N I P }

Wow! My head is spinning! I am about to become engaged ... and am looking at the K1. GF has a valid visa as well - valid into August, this year.

 

But, for now, I think I will focus on K1. Besides, my company just crashed so I will need to find a new job - complicating I-129F, etc.

 

Congrats to Johnny206!

 

Greg

[johnny206]

Yes, it would not affect the I-129F process. However as was said before she could be denied entry.

 

However here is another option, if you are planning on her visiting sometime in the next few months, you could always marry her while she is visiting, and simply file an I-130 for a spouse visa, and have her return to China when her visit is up and then interview for a CR-1 spouse visa instead of a K-1. The fees are less, and she would have a green-card upon entry on the spouse visa allowing travel and work.

Hi Dan - I heard CR-1 applications take longer and are scrutinized more than K-1, have you heard anything like that? I wonder if it's true...

[Randy W]

 

Yes, it would not affect the I-129F process. However as was said before she could be denied entry.

 

However here is another option, if you are planning on her visiting sometime in the next few months, you could always marry her while she is visiting, and simply file an I-130 for a spouse visa, and have her return to China when her visit is up and then interview for a CR-1 spouse visa instead of a K-1. The fees are less, and she would have a green-card upon entry on the spouse visa allowing travel and work.

Hi Dan - I heard CR-1 applications take longer and are scrutinized more than K-1, have you heard anything like that? I wonder if it's true...

 

 

 

You can check current timelines here - http://candleforlove.com/forums/topic/45641-links-for-visa-information/?p=610915 - Click on 'View Common Visa Timelines' to view Timelines for K1 or other types

[dnoblett]

 

Yes, it would not affect the I-129F process. However as was said before she could be denied entry.

 

However here is another option, if you are planning on her visiting sometime in the next few months, you could always marry her while she is visiting, and simply file an I-130 for a spouse visa, and have her return to China when her visit is up and then interview for a CR-1 spouse visa instead of a K-1. The fees are less, and she would have a green-card upon entry on the spouse visa allowing travel and work.

Hi Dan - I heard CR-1 applications take longer and are scrutinized more than K-1, have you heard anything like that? I wonder if it's true...

 

Not necessarily, in every case motives are always questioned, if the interviewing officer feels the wedding or visa is strictly to get a green card and nothing more, having red flags, they can deny.

 

Some feel a spouse has less chance of a denial due to the marriage being a commitment stronger than a fiancee relationship. However in a K-1 case, if there is a denial, the couple does always have the option to get married overseas, and shoot for the spouse visa as a second try.

 

Again, there are the other factors as in fees paid to the .GOV, a CR-1 is nearly $800 less than a K-1, filing petition to the green-card. The CR-1 gets green-card upon arrival to the USA, the K-1 has to marry first and then adjust status at added cost and time. A K-1 cannot take work or travel until they get Green-Card from adjustment of status, a K-1 can apply for EAD and AP to work and travel while waiting for AOS, however there is still a wait to get these interim items.

[moshiksss]

Visiting or trying to visit will not jeopardize the K-1. Worst case would be that she is denied entry on the tourist visa.

Edited May 24, 2014 by Randy W
non-pertinent link removed (see edit history)

[cocowait]

Hi guys. I know it's kind of late to reply this. But when I tried to visit my fiance in September, that really worried me a lot. So I want to tell my story, hope it can help someone.

 

I had a B2 visa expired on 10/28/2014. I visited my fiance's family last Christmas. Since we started the K1 processing, we hadn't see each other for 5 months. So this September I decided to fly to NY to see him. After the officer asked me many questions, I got in the country successfully.

 

Before I went I prepared lots of paper work, such as my round-trip plane tickets, working certificate, his invitaton letter, the coppy of his passport, etc. But the customs officer didn't see any of them. He just asked me some questions, very detailed questions...

1. How can you meet your fiance?

2. What did he do when he was in China? What kind of company is that? What did he do at the company?

3. Where is he now? What does he do in US? When is your last time you seeing each other?

4. What did you do the last time you came to the US? How long did you stay?

5. Do you know your visa will expire in 10/28/2014? ---( I said" yes, I know. I will stay for 2 weeks and I' ve already book the flight of Sep. 22 to go back.)

 

Then he gave my passport back to me, I got in.

 

Hope this can help someone.

 

 

I started apply on 03/31/2014, passed my interview in GZ on 11/04/2014, got issued on 11/20/2014. Now I'm waiting for the passport and visa pakage

Edited November 28, 2014 by cocowait (see edit history)