I submited a I-129 fiance but my fiace can apply for a b2 visa to visit me and have her vacation without any problem.

Asked over 1 year ago - 08904

the usa immigration tell me that is going to take more that 6 months. I apply for this visa on Sep 12,2012 they only are in application submmited in May on Feb 2013.

Attorney answers (7)

  1. Irene Vaisman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I am sorry, what is your question? Can the fiancee still come on the B-2 while the K-1 is pending? Probably not.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Yolanda Navarrete

    Contributor Level 20

    4

    Lawyers agree

    Answered . Because you have a pending immigrant application, it is highly doubtful she will be granted a visitor's visa.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  3. Myron Russell Morales

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Technically this is allowed under the law, but usually when the consular officer sees the I-129F or learns of your relationship, they will not issue the B-2 for having immigrant intent.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with my colleagues to the extent that the B-2 visa requires a showing of non-immigrant intent which it will be difficult for her to prove given her relationship with you.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Eric M. Mark

    Pro

    Contributor Level 20

    Answered . Applying for a B visa while an I129F is pending is likely to be denied if she tells the truth on her application and at her interview. If she does not tell the truth, she will be charged with fraud and be unable to benefit from the fiance petition. Most likely, you are going to have to visit her there (which is actually a good thing). Now would be a smart time to consult with a lawyer before you make a mistake that has long term negative consequences.

  6. Stephen D. Berman

    Contributor Level 20

    Answered . She can certainly visit on a B2, but a B2 is not to be used to immigrate to the U.S., so she would need to demonstrate she is just coming to visit.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  7. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    Answered . She can always apply for one; but she is unlikely to get it considering her relationship with USC and immigrant intent.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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