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?
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.