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Can my fiance visit me on a B2 Visa and while she is here we apply for a K1 visa

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  • Can my fiance visit me on a B2 Visa and while she is here we apply for a K1 visa

    So my question is, my 19 year old Fiance is unemployed and is not a student. We are not patient enough to wait 8 or so months if we apply for a K-1 Visa.

    Is it possible for her to apply for a B-2 Visitor's Visa, if she is unemployed and I will support her during her stay for 4 months or so? While she is here can we apply for a K-1 visa, so we can be together while we wait for the application to get approved? In 4 months of being in the US, she will fly back to her home country, go to the interview assuming everything goes smoothly. I understand if she is unemployed we have to have strong supporting evidence of her ties to her home country. I also understand that we must prove of no intention to stay in the US while she is on a tourist Visa. Has anyone done this before?

    I am 24, me and her actually grew up together, I was neutralized in 2016 and am fluent in her native language as it is my first language as well.

  • #2
    She can try, but there is a high chance of denial of her visa or entry, because it would be so easy for her to change her mind once she's in the US and just stay and do Adjustment of Status.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by windextor View Post
      So my question is, my 19 year old Fiance is unemployed and is not a student. We are not patient enough to wait 8 or so months if we apply for a K-1 Visa.

      Is it possible for her to apply for a B-2 Visitor's Visa, if she is unemployed and I will support her during her stay for 4 months or so? While she is here can we apply for a K-1 visa, so we can be together while we wait for the application to get approved? In 4 months of being in the US, she will fly back to her home country, go to the interview assuming everything goes smoothly. I understand if she is unemployed we have to have strong supporting evidence of her ties to her home country. I also understand that we must prove of no intention to stay in the US while she is on a tourist Visa. Has anyone done this before?

      I am 24, me and her actually grew up together, I was neutralized in 2016 and am fluent in her native language as it is my first language as well.
      Her chances of getting a B2 visa at all are very, very, very slim. She is very young, has no strong ties to home country such as spouse and children, probably does not own any property, etc. I don't know what country she would be coming from, if it's a high immigration risk country for the U.S. or not to begin with, but she is already a textbook immigration case.

      And what would she put on her application for reason for getting a tourist visa? To travel alone to another country, and the U.S. on top of that, at 19 for tourism? to visit a "friend" who is going to pay for the entire trip? The visa officers deal with this same "plan" all day long everyday. It's visa fraud and they will see through whatever you try and make it look like. File for her K1 visa as soon as possible to get the process going.... it does take awhile.

      This is my opinion and not legal advice. Use of this information is strictly at your own risk.

      Trinity71

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      • #4
        Her chances of receiving a tourist visa in the first place are pretty slim

        If you're impatient about the K-1 wait time, the sooner you begin the better

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        • #5
          Originally posted by Trinity71 View Post
          Her chances of getting a B2 visa at all are very, very, very slim. She is very young, has no strong ties to home country such as spouse and children, probably does not own any property, etc. I don't know what country she would be coming from, if it's a high immigration risk country for the U.S. or not to begin with, but she is already a textbook immigration case.

          And what would she put on her application for reason for getting a tourist visa? To travel alone to another country, and the U.S. on top of that, at 19 for tourism? to visit a "friend" who is going to pay for the entire trip? The visa officers deal with this same "plan" all day long everyday. It's visa fraud and they will see through whatever you try and make it look like. File for her K1 visa as soon as possible to get the process going.... it does take awhile.

          This is my opinion and not legal advice. Use of this information is strictly at your own risk.

          Trinity71

          Thank you, I know it's entirely slim. I just wanted to know others opinions. K-1 Visa is the way to go here. The country in question here is Russia. So I imagine that does not help the cause.

          I find it absurd that I can easily gain entry into other countries if I up and decided to simply tour. But for outsiders of the U.S. it's nearly impossible to do something like that.

          We don't intent to break the law or to cheat the system. She would stay while the application is processing for the K-1 Visa and then she would fly back. But that's not possible at all.

          - - - Updated - - -

          Originally posted by newacct View Post
          She can try, but there is a high chance of denial of her visa or entry, because it would be so easy for her to change her mind once she's in the US and just stay and do Adjustment of Status.

          They need to see proof of ties to the home country. Evidence that she intends to return. Which in this case would be hard.

          - - - Updated - - -

          Originally posted by newacct View Post
          She can try, but there is a high chance of denial of her visa or entry, because it would be so easy for her to change her mind once she's in the US and just stay and do Adjustment of Status.
          Originally posted by inadmissible View Post
          Her chances of receiving a tourist visa in the first place are pretty slim

          If you're impatient about the K-1 wait time, the sooner you begin the better
          The K-1 Visa would take longer, but in the long run would be less expensive and less risk.

          Comment


          • #6
            Originally posted by windextor View Post
            I find it absurd that I can easily gain entry into other countries if I up and decided to simply tour. But for outsiders of the U.S. it's nearly impossible to do something like that.
            It's not absurd, it is an entirely rational reflection of the opportunity gap between nations. Your fiancee wouldn't have any difficulty visiting the United States if she was Norwegian or Swiss national, because their nationals have little incentive to immigrate without authorization. Likewise, you try getting a tourist visa to visit Saudi Arabia. Also, have you seen the form US tourists have to complete to apply for a Russian tourist visa?
            Originally posted by windextor View Post
            We don't intent to break the law or to cheat the system.
            Sure, but plenty of people do, and the Department of State will have a hard time distinguishing your fiancee from those who do intend to break the law and cheat the system

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