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My fiancee and I have applied for the K-1 Fiance Visa. Is she able to come to the US and visit while the application is pending?

Phoenix, AZ |
Filed under: K-1 fiance visa

My fiancee is Swedish and currently living in Sweden while we wait for the K-1 visa to be approved. Is she allowed to come visit me here in the US for a month or two while the application is pending? Also, is there a special visa she needs to have just to visit?

Attorney Answers 3

  1. She can try to get a tourist visa ..but, it will probably be denied.

    She can try to use ESTA ... but CBP is pretty good at catching people that are trying to get around the system.

    Yes, I know that she's not trying to get around the system. But, that's what they

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  2. Doubtful that she would be allowed to visit since she intends to remain in the U.S. permanently.

    Please click the link at the very bottom for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. There is no special visa for those awaiting adjudication of the K1. I don't recommend applying for a b1b2 while the k1 is pending. She might get dinged for misrepresentation. Just sit tight and wait for the k1!

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