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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.

08904 |
Filed under: B-2 tourist visa

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

Posted

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 attorney to discuss your individual case.

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Posted

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.

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5 lawyers agree

Posted

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: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

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4 lawyers agree

Posted

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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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4 lawyers agree

Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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1 lawyer agrees

Posted

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.

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