Q: Can my fiancée apply for a K-1 visa if she has a tourist visa application in process?
I am a US citizen living in the US and my fiancée is a Mexican citizen living in Mexico. We would like to start the process for attaining a K-1 visa. However, my fiancée currently has a tourist visa application in process. Do we need to wait for the tourist visa process to complete before beginning the process of applying for a K-1 visa? Can we apply for the fiancée visa after she receives her tourist visa?
A:
The B-1/B-2 visa is a non- immigrant visa that requires a lack of immigrant intent.
The K-1 requires an immigrant intent.
For these reasons, the request for the B-1/B-2 will have to be abandoned if you wish to pursue the K-1 fiancée visa.
Good luck to you.
A: OK so the Two different applications involve two different sets of intent. One involves the intent to reside permanently, while the other involves the intent to reside temporarily. If She wishes to immigrate permanently, then she should petition for a fiancée visa and process at the US consulate abroad.
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