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fiance visa vs tourist visa

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  • fiance visa vs tourist visa

    I am a US citizen and my fiance is from korea, we applied for an 128F visa in July and received the I-797 in August. when we applied they said it would take 6-8 months but the time frame keeps getting pushed back and with the surge in new applicants last summer it appears it could take a year or more for her to come. This seems like a very very long time, and it is putting a great deal of strain on our relationship.
    is it possible for her to come on a tourist visa (which she already has), and get married and apply for a an I-130 and wait for her approval here or will this be considered immigration fraud and she is sent back to wait in korea because she came as a tourist?
    also will they even let her in the country on her tourist visa because we have applied for the I 128F?

    thanks for any insight to the matter

  • #2
    it will be considered fraud. You must wait. Or get married in Korea and file for a spousal visa, which has more priority with the consulate.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      1. Her visitor visa will be denied because she is now in the system as an intending immigrant (by filing of I-129F petition), and 2. Applying for a visitor visa after filing an I-129F may even lead to denial of her fiancee visa at this consulate later on as well.
      Last edited by Amir; 01-21-2008, 04:52 PM.

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