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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 |

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?

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Attorney answers 3


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.



Mr. Capriotti, thank you for your response. To clarify, are you saying that she is not able to come visit me without raising suspicion? Thus the only way I can see my fiancee is by visiting her outside of the US?

F. J. Capriotti III

F. J. Capriotti III


Yes, that is what I am saying. If she were successful in getting into the US, you two could wait 60 days, get married and file for her greencard .... effectively getting "around" the fiancee visa rules. But, don't despair ... the sooner you file the I-129F ... the sooner she'll be able to come.


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

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(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.


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!