Can fiance visit USA while K1 visa application in process? K1Faq #37

This is Fred Wahl the Visa Coach Todays topic is: Can my fiance visit while
our K1 visa petition is in process? Visa Coach Fast, Easy and Personal Hi. My name is Fred Wahl – I am the VisaCoach,
known for “front loaded immigration presentations” that tell YOUR story leading to fast and easy
approval AND the personal one-on-one attention you receive as my client. I invented the three step “immigration success
method” which anticipates the likely problems and skepticism
your case might face, and then squashes those issues by working together on the ideal
appearance of your case and preparation of my signature “front loaded
presentation” that tells YOUR story the way we WANT it heard. When properly implemented,
my method helps “win” approval for your visa even before the
interview starts. Todays topic is: Can my fiance visit while K1 in process? Yes maybe. The way the fiancée visa process works is
that the American sponsor is the one who is making the petition. While the foreign fiancé
is certainly mentioned in the petition she herself is not filing it. This means she is
not really on US immigration’s radar until the final stages of the fiancée visa petition
when she attends her interview at the overseas US consulate processing the case. At the consulate
any other US visas she has are canceled, replaced by the K-1 fiancée visa. If you are fortunate enough that your fiancé
is approved for a visitor visa or the visa waiver program then most certainly she can
still visit you after the K-1 visa application has been submitted while your case is in process.
And if the process goes quickly you may only be separated for the time it takes for her
to return to her country, attend the consular interview, and wrap up her affairs before
re-joining you in the USA. The foreign born fiancé will need to be in
our own country or the country where she was living to have a final interview at the US
Embassy or Consulate. She can remain in the USA as long as she follows the terms of the
visa she is traveling on. On arrival to the USA she was granted so many days of allowed
stay. She must respect the terms of the visa, and must not remain beyond the allowed stay.
Eventually, she must return to her country for the fiance visa interview. The consular
interview can only take place outside the USA. After the interview and visa is approved
she returns to the USA for marriage, adjustment of status and a happily ever after. The one potential fly in the ointment however
is that there is a chance she will be turned away at the US border. Each time she enters the USA she is inspected
by a Customs and Border Protection (CBP) officer at the border. His job is to screen incoming visitors to
decide if they should be allowed entry. Regardless of what visa the traveler is using, admittance
to the USA is always at the discretion of the CBP officer. He may ask questions about the purpose of
her trip, how long she will stay, where she will stay, when she plans to return to her
home country, does she plan to work, who she is visiting and so on. The objective of his questioning is to determine
if there is any reason to suspect that the traveler may be planning to violate the terms
of the visa she is using. One serious violation he is watching for is
the foreign traveler who has been granted a visa that permits a short visit, but appears
likely that she MIGHT be intending instead to remain in the USA permanently. If the traveler gives the impression that
she plans to live permanently in the USA, even if not immediately but eventually, that
can set off his alarm bells and may cause him to refuse entry. When she describes her plans to meet her fiancé
or if her passport shows she has been making regular visits and perhaps she has maxed out
the allowable stay periods, the officer may say “Well, Miss the proper visa for you
to travel under is called a K-1 fiancé visa.” When she advises her K-1 visa has already
applied for and is in process, it can go one of two ways. The CBP officer may say “Glad
to see you are following the proper procedure, enjoy your stay be sure to return to your
home country before the visa expires, good luck with the K-1 visa interview” Or he
might say “Since you have applied for the K-1 visa, it indicates you do want to remain
in the USA permanently, so must cancel your visitor visa, and turn you away today. As
soon as the K-1 visa is approved you will be welcome to return”. Your fiancé would have no choice but to return
to the international transit lounge to wait for the first available flight back to her
country. Other red flags that a traveler is considering
unlawful permanent residency would be being unemployed and having no job to return to,
traveling on a one-way plane ticket, having terminated her apartment lease. It is OK to travel to the USA to visit friends
and/or lovers. It is also OK to travel to the USA to get married.. The big no-no is
intending to stay permanently. In summary. If she has a visa to enter the
USA she can visit you, while your K-1 Fiance Visa petition is pending. Her admission to
the USA is not guaranteed, but if her previous trips have been infrequent and she has not
maxed out her allowed stays, she will probably be allowed to enter. This was Fred Wahl, the VisaCoach Call me. Before starting on your immigration adventure,
before entering an arcane maze of rules, regulations and procedures, before commiting yourself
to a risky path that could mean an end to your happiness, speak with
the VisaCoach and ask for his Free Consultation. He listens to you to learn the red flags and
strengths of your case, your eligibility and goals.
He will suggest which visa is right for you, the best strategy to get it, and how soon
your love could join you. The friendly advice and wisdom he’ll freely
share with you, might make the difference between
approval and denial, and could save you months, or years, of lonliness and separation. What have you got to lose? Book your free consultation today.

14 thoughts on “Can fiance visit USA while K1 visa application in process? K1Faq #37

  1. If I applied for a k1 visa for one person but the relationship didn't work out and I then apply for another person on a k1 will my spouse have a difficult time getting it because I applied for a person before?

  2. Hello,

    Is it possible to apply for an H1 visa while the K1 visa is processing? If yes, would it be a problem to get married on the H1 if it is processed first?

    Thanks for your help in advance.

  3. Hi VisaCoach. We have a K1 visa in process and my GF also has a B2 Visa. We know the risks of her coming to the US now, however she has proof that she will return, i.e. job, house, kid, bank accounts, round trip tickets. Our question is, if for some reason the K1 is denied, what becomes of the B2 visa status at that point?

  4. Can My fiance leave during the AOS process after we get married here? and if he leaves will he be able to come back to USA without a embassy interview? is there any docs. we need to prepare for him for leaving?

  5. hi! Great video. I have question, though.
    I visited US in 2015 and 2016, staying 5 months each year (i had a stamp on my passport allowing me to stay up to 6 months each time). My fiancé was just a friend at the time and then became a boyfriend. We applied for the K1 in Oct2016 and currently are waiting for the Noa2.
    Based on your experience, is it likely or unlikely that I will have entry permitted if I travel under the B2 to visit him?
    Thank you in advance!

  6. Can you tell me what I need to do. I petitioned a lady here to usa, and we go married within the 90 days.  However our I-94 date is past (it expired 14 days ago), and we haven't sent in our 485 yet.  It is almost done, but I didn't know what this 485 question was—–are you applying for adjustment based on INA section 245(i) .

  7. coach in k1 visa after imarry my fiancee in 90 days and apply for my adjustement status ist for green card for 2 years its allowed to me to visit my own country in pending process

  8. hi sir good afternoon can I ask in my case I already have fiancee visa in USA we get married after 90 days and didn't get forwarded the rest of the document to USCIS and over stayed in US for a year. what should I do?

  9. I don't know if this is the appropriate place for me to ask this question but I really need some help. Me and my fiance were in the process of the K-1 Visa which she has been approved for. The problem is that I thought they were going to contact me via mail ,but I was mistaken because confirmation came via email. We ended up missing the date and now they have abandon the K-1 Visa. Will I have to start from zero or can they Salvage my K1 petition back to United States? Will applying for a visitor's visa to visit me here in the United States affect the K1 process due to these setbacks? I don't know what to do and I have no one to help me' I am very distraught. Please anyone with any advice or help would be highly appreciated. Thank you.

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