As some of you might know, my fiancé is from Spain.

I have just filed the I-129F, petition for fiancé, portion of the fiancé K-1 Visa.

I know that once she applies for the actual K-1 Visa (after the I-129F petition is approved) she can not travel to the USA until the VISA is approved. Additionally, I know that she must apply for this at the embassy in Madrid. However, is it possible that she can travel normally as a tourist under the VISA waiver for a short period and then return to Spain to apply for the VISA while the petition is being processed?

Being in NC I had to send the application packet to the Texas processing center... This unfortunately is the most backlogged processing center in the USA.

If anyone knows, has friends or family that know, help me out. She's out of class in about 3 weeks and needs to get tickets soon.

5/19/2006 6:28:46 PM

this thread is useless without pictures

5/19/2006 6:39:48 PM

There. A picture.

5/19/2006 6:44:56 PM

no, of her

5/19/2006 6:49:14 PM

I don't see how that is relevant.

5/19/2006 6:50:54 PM

it's not, I'm just nosey

5/19/2006 6:54:48 PM

not sure, call your Senator's office and ask

5/19/2006 6:57:34 PM

I HOPE YOU'RE READY TO GET DIVORCED.

5/19/2006 7:14:09 PM

The Texas center is actually pretty fast. For example, I had a petition come back to me in less than a month whereas the same petition took more than 3-4 months for a friend from another center (Vermont?).

As for your original question, I don't think she could travel in this country as a visitor. This is because when you apply for a visa, at the interview, or even before the interview stage, she'd be asked to provide more information about who she intends to see in the US, where she intends to live, and most importantly, a letter from someone either sponsoring her, or her own bank statements, and a credible reason why she'd go back to Spain.

Also, in most NIV (non-immigrant visa) cases, a newer application for a different kind of visa automatically terminates the old visa petition, so the question of time being does not arise.

Also, I am not sure if there's still such a rule, but if you get someone to visit you on a K-1 visa, you have to legally marry them within 90 days of doing so, or they are deported.

5/19/2006 8:05:21 PM

^^ Dated for 6+ years now, so whatever happens happens...

^ Yeah, I know the whole marriage in 90 days -- we are planning on doing that.

The question is, I've sent in the petition.
She's has not done the interview/application for VISA yet -- she has to wait until my petition is approved.

Therefore, since she has not applied for the VISA per-say, is she available to visit here, then return to Spain to do the interview/visa application etc...

I'm hopefully about your comment about Texas being the fast one. However, I've read that Vermont is the fastest!!!

[Edited on May 19, 2006 at 10:51 PM. Reason : -]

5/19/2006 10:50:32 PM

why don't you go to spain and visit?

did she go to school here?

5/19/2006 10:58:40 PM

damn

6 years of plain dating?
wow

Now, technically, there is nothing that stops her from getting a B visa. But, the thing is about intent. If she tries to get a B visa, she has to clearly enlist any relatives in the US, along with her fiance. If she says no to this, it could jeopardize her future petition to get permanent residency if the USCIS later discovers that she lied.

Also, when you get a B visitor visa, you're basically telling the immigration officer that you have the intention of going back to your country. If you convince them that you're going back, and do not go back/file for permanent residency, then it construes as immigration fraud which could get her future status into trouble.

I am not sure what the treaty terms are with Spain since you mentioned visa waiver. But, logically, it makes sense that the same restrictions apply, or else you'd find lotsa British women just coming here for matchmaking purposes.

I would suggest talking to an attorney about this. There are a couple in Raleigh itself.

PS: I am just curious since you mentioned 6 years. Isn't one of the stipulations of the K-1 visa that you should have met your fiance/fiancee within the last 2 years?

5/19/2006 11:01:48 PM

Quote :

"I'm hopefully about your comment about Texas being the fast one. However, I've read that Vermont is the fastest!!!"

you're right

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Texas
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont


for your type of petition.

[Edited on May 19, 2006 at 11:10 PM. Reason : .]

5/19/2006 11:09:07 PM

^^^ No. She was a foreign exchange student that stayed with my family many years ago.

^Gags, we've been dating for 6 years, she was last here in April

5/20/2006 9:17:56 AM