Asked in Immigration Law for North Carolina

Q: Daughter will be filing a I129F while this Is being processed the fiance from Canada can visit 6 months? (On passport)

When can he visit again?

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2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When an individual is applying for a K-1 visa, also known as a fiancé(e) visa, they must show that they have a bona fide relationship with their U.S. citizen fiancé(e), and that they intend to marry within 90 days of entering the United States on the K-1 visa. The K-1 visa allows the individual to enter the United States for the purpose of marrying their U.S. citizen fiancé(e) and then adjusting status to become a permanent resident.

While the K-1 visa application is pending, the fiancé(e) may be able to visit the United States on a visitor visa, such as a B-2 tourist visa, if they are able to demonstrate that they do not intend to remain in the United States and that they have strong ties to their home country that will compel them to return. However, it is important to note that being engaged to a U.S. citizen can be seen as a potential immigrant intent, which can make it more difficult to obtain a visitor visa.

It is also worth noting that if the fiancé(e) enters the United States on a visitor visa while their K-1 visa application is pending, they must still meet the requirements for the K-1 visa, including having a bona fide relationship with their U.S. citizen fiancé(e) and intending to marry within 90 days of entering the United States on the K-1 visa.

The specific rules for travel to the United States while a K-1 visa application is pending may depend on the specific circumstances of the case, so it may be helpful to consult with an immigration attorney for more information.

Ina Shtukar agrees with this answer

Ina Shtukar
Ina Shtukar
  • Immigration Law Lawyer
  • Licensed in North Carolina

A: There is not much to add as the previous response was pretty thorrow. He can visit just to visit on a B2 or visa waiver but if he plans to visit to get married, then the fiance will need to depart for consular processing to avoid extra scrutiny based on immigrant intent and potential misrepresentation issue.

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