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.

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.

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Attorney Answers (7)

Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
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.
Yolanda Navarrete

Yolanda Navarrete

Immigration Attorney - Morristown, NJ
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
Myron Russell Morales

Myron Russell Morales

Immigration Attorney - Austin, TX
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
Dean P Murray

Dean P Murray

Immigration Attorney - Hoboken, NJ
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
Eric M. Mark

Eric M. Mark

Immigration Attorney - Newark, NJ
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.

Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
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
Tripti Sharad Sharma

Tripti Sharad Sharma

Immigration Attorney - Newark, CA
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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