Visiting US during K1 visa process

[k1visaissue]

My fiance has been to US several times on a visitor visa before and I am now planning to file K1 visa for her. As we want to live together while the process is pending, is it possible to do one of the following?

Option 1:
a. She arrives in US on a visitor visa.
b. After she is here with me, I file the K1 visa.
c. She leaves to her home country before the 6 month validity of the visitor visa is over.
d. Once K1 is approved, she joins me back again.

Option 2:
a. I file the K1 visa process, first.
b. She then joins me on a visitor visa. She should be able to prove ties to her home country at Point of Entry as she is employed and has no plans to quit until marriage.
c. She leaves to her home country before the 6 month validity of the visitor visa is over.
d. Once K1 is approved, she joins me back again.

Thanks in advance!!

[PraetorianXI]

Plan # 1, looks like the best bet.

[stagefryt]

Hi

Plan # 1, looks like the best bet.

This answer is a little confusing Prae... I was under the impression that the K1 just like a K3, can not be filed while the fiancee is in the US???? are you saying that the fiancee can actually stay in the US with the petitioner while the K1 is being processed and only return home before her I-94 expires? can you please clarify?

thanks

[Russell]

Option #1 Will more likely succeed.

Check this part of the immihelp website

http://www.immihelp.com/visitor-visa/

Listed under negative factors for a Vistor's VISA is
"Someone has filed an immigrant petition for you."

Another big factor will be what country your fiancee is from. Different countries have different levels of suspicion attatched to them.

[nichole]

There is no rule that you can't visit during the K1 process. The key is if the Customs and Border Protection will let her in on her visitor visa. That depends on one agent on one day at one airport. It is his decision and can be subjective.

If she shows up and has plans to stay almost 6 months, then she surely will get questioned more than a family arriving for two weeks with itineraries and tickets for Disney World. The difference: They look like tourists, which is what the visa is granted for. She is coming to "live" with a fiance, which might be suspect that she won't return to her home country.

She would be wise to have many proofs of returning. A return ticket for a shorter visit might be a tactic, even if she changes the ticket to stay longer. Don't mention the fiance details unless asked directly. American friends sounds better. Luggage shouldn't be excessive and look like she's moving her life---framed photos of family, scrapbooks, keepsakes---she should look like a tourist.

And this question of yours

I was under the impression that the K1 just like a K3, can not be filed while the fiancee is in the US????

I think it means while the K1 fiance is living in the US. That would mean an authorized stay other than as a tourist....like a student or work visa. If she lived here, you would not be applying for a fiance visa. You would have to marry first then file the I-130 and I-485 together--totally different process. If she is visiting here as a tourist, then filing while she is physically present in the US temporarily, is probably not a problem as long as she intends to remain a tourist and return home before her I-94 expires.