Clarification help please

[Bravo Mike]

Fiance has a tourist visa. She is here now and plan to remain until September 1. Has clearance until 11/29 and would like her to remain the entire time.

Considering we will start the immigration process, preferably K-1, will she need to leave the USA and return to her country while this is in process? Confused because have seen process being asked at border in Customs as to intent to leave at some point and not to violate the time allowed on entry. If they recognize a K-1 filing is in process then they can turn away. But if we were to start the immigration process while she is here will she need to leave while this is in process? And, considering the expected 6-8 month timeframe to complete, could she return to her country at the end of November and return to the USA in Mid January since she currently is approved with a valid Tourist Visa? Nothing else will need to be filed to gain access, only come through Customs and hope they approve.

Thank you in advance for your help.

[PKumar01]

Hello Mike,
She does not need to leave the country in order for you to submit the i-129F. She can be here during the time allotted by the visa entry.
Keep in mind at the time of entry using a tourist visa, she entered as a tourist, which she still is. The only problem would've been if she entered and decided to get married to you and adjust status here. That wouldn't be good. But if she's here to meet you and file the I-129F, then you're all set.
However, once you file for the I-129F, the next time she comes over with a tourist visa, she might be asked a couple of questions at Customs since they now know what she has immigrant intent. She wouldn't have done anything wrong, but she might have some issues at entry at the border with a tourist visa. Make sense?

[newacct]

Fiance has a tourist visa. She is here now and plan to remain until September 1. Has clearance until 11/29 and would like her to remain the entire time.

Considering we will start the immigration process, preferably K-1, will she need to leave the USA and return to her country while this is in process? Confused because have seen process being asked at border in Customs as to intent to leave at some point and not to violate the time allowed on entry. If they recognize a K-1 filing is in process then they can turn away. But if we were to start the immigration process while she is here will she need to leave while this is in process? And, considering the expected 6-8 month timeframe to complete, could she return to her country at the end of November and return to the USA in Mid January since she currently is approved with a valid Tourist Visa? Nothing else will need to be filed to gain access, only come through Customs and hope they approve.

Thank you in advance for your help.

The point of K-1 is to allow her to enter the US to marry and do Adjustment of Status. She is already in the US and can already marry you and do Adjustment of Status. So if you don't want her to leave, then forget about K-1 and just marry and do Adjustment of Status directly, but then she cannot leave the US for many months.

[Bravo Mike]

Hello Mike,
She does not need to leave the country in order for you to submit the i-129F. She can be here during the time allotted by the visa entry.
Keep in mind at the time of entry using a tourist visa, she entered as a tourist, which she still is. The only problem would've been if she entered and decided to get married to you and adjust status here. That wouldn't be good. But if she's here to meet you and file the I-129F, then you're all set.
However, once you file for the I-129F, the next time she comes over with a tourist visa, she might be asked a couple of questions at Customs since they now know what she has immigrant intent. She wouldn't have done anything wrong, but she might have some issues at entry at the border with a tourist visa. Make sense?

It does, thank you.

- - - Updated - - -

The point of K-1 is to allow her to enter the US to marry and do Adjustment of Status. She is already in the US and can already marry you and do Adjustment of Status. So if you don't want her to leave, then forget about K-1 and just marry and do Adjustment of Status directly, but then she cannot leave the US for many months.

Thank you for your response.

Good information.

[Tezza]

Fiance has a tourist visa. She is here now and plan to remain until September 1. Has clearance until 11/29 and would like her to remain the entire time.

Considering we will start the immigration process, preferably K-1, will she need to leave the USA and return to her country while this is in process? Confused because have seen process being asked at border in Customs as to intent to leave at some point and not to violate the time allowed on entry. If they recognize a K-1 filing is in process then they can turn away. But if we were to start the immigration process while she is here will she need to leave while this is in process? And, considering the expected 6-8 month timeframe to complete, could she return to her country at the end of November and return to the USA in Mid January since she currently is approved with a valid Tourist Visa? Nothing else will need to be filed to gain access, only come through Customs and hope they approve.

Thank you in advance for your help.

As others have said, the fiance visa is specifically for people who aren't in the country. It allows them to be approved in their home country to enter the US to get married and then stay and apply for adjustment of status.

Now she is here under a tourist visa, you can indeed just jump straight to the adjustment of status. The only thing to watch for is immigration fraud. Based on your post, there is no intent. It seems you did not plan to get married and stay and therefore misuse the tourist visa. If the decision to marry happened after your fiance entered on her tourist visa, she did not commit visa fraud and adjustment of status is available.