Can Fiancee stay in US on a tourist visa while K1 is in process

[panroop]

Hi, My fiancee lives in Canada and haven't started the K1 (fiancee) application process. I am a US citizen.

Prior to filing the K1 application at the California Processing Center, can I invite my fiancee to visit me in the US and have her stay with me for 6 months (the entire duration of the tourist visa) ?

Once She reaches US on a tourist visa, can I file for her K1 visa at the California processing center, while she stays with me in the US and when the papers are ready for her at Canada, can She return to Canada and go to the Embassy at Montreal?

I am trying to have her spend time with me, during the time K1 visa is being processed and until such time she gets the papers ready in canada. Please help. Thanks.
-Peter

[apoeticprincess]

As long as she returns before the visit visa is expired I don't see the problem. The problem would arise if she came here specifically to marry and then filed for AOS. Just stay within the guidelines and you guys should be fine.

[Davinci]

Dont make it!

No, You can't start the k1 process with she in USA as tourist, because automaticaly when you start the process she will be elegible to get a visa to marry and live there, her status wont be tourist will be fiance/relative.
1-USCIS wants proof that her will marry with you really INSIDE THE LAW in 90 days, if she is in USA what are the papers that prove she is compromissed with you? that she will marry with you? and if she gives up will she stay in USA?, probably they made this process to preserve the rights of family putting the fraude, **** and illegal marriage in water tank.
2- NVC can get confused because she will have two numbers of active visa they can cancel the the two visas because she is there with a tourist visa and want to marry with a american (this can appears as a fraude for theirs) and it will be a big trouble in the future. She can visit you with a tourist visa without the process to be started.


Good luck!

[CharlieAK]

Once She reaches US on a tourist visa, can I file for her K1 visa at the California processing center, while she stays with me in the US and when the papers are ready for her at Canada, can She return to Canada and go to the Embassy at Montreal?

I am trying to have her spend time with me, during the time K1 visa is being processed and until such time she gets the papers ready in canada.

I don't see a problem with that.

My petition was also filed while I was in the USA on a tourist visit.....there is a question on the I-129F specifically asking whether the fiance(e) is currently in the US. Check "yes" and add the date until which your fiancee is planning on staying, that's how I did it.

The only thing is, I personally don't think the approval of the petition will take 6 months, so your fiancee might want to/have to go back to Canada earlier to finish the K-1 process. But that's a good thing, since you'd only get to be together forever sooner

I don't agree with DaVincis arguments.
# 1 is not valid because in order to adjust status from a tourist visa after marriage she would have had to enter without any plans to marry and stay in the country. But since you already have those plans, AOS from the B-visa would be illegal, therefore she does actually need a K-visa to legally stay in the US after gertting married. Therefore I don't see the problem in entering the US as a tourist first and then filing for K-1 afterwards. Especially since - as I wrote before- there is a specific question about the fiance being in the USA on the I-129F).

[CharlieAK]

Oops, I accidentally posted before being finished:

DaVinci's second argument is - in my opinion - not valid either.
You cannot apply for two visas at the same time, but it is completely legal to have FIRST a valid tourist visa in your passport and THEN afterwards apply for another visa, in this case the K-1.

So, again, I don't see a problem with your plans.

Good luck,
Charlie