I saw this Topic on the site and it really made me inquire, please review my question at the foot of this message regarding this inquiry:
Q: "Can I file for a K1 visa while she is waiting 4 her interview 4 a travelers visa 2 the U.S. ?
Is it legal for us to marry while she is here in the U.S. on that visa and can I file 4 a K nonimmigrant visa when she returns home" from (sunset22)
A: "If you file the paperwork for the K-1 fiance visa while her visitor visa application is still pending, that paperwork may come up when she goes to get the visitor visa. The K-1 indicates a clear immigrant or permanent intent. The B visa is for tourist/temporary purposes only so she may have a very difficult time getting a tourist visa when they now know that she has a U.S. citizen fiance.
If she comes here as a tourist, you can get married in the U.S., but she could not have had the intent to just stay here and file paperwork for a green card when she used the tourist visa to get in. If she wants to come here to get married, she will have to convince the immigration inspectors that she is going home after the marriage and will process for the appropriate visa once she returns home.If you get married in the U.S., she is no longer a fiance so you cannot file for the K-1 visa. She would be a spouse, so she would either need a K-3 or a straight-up immigrant visa to get back to the U.S.
I would suggest that you at least consult with an immigration lawyer about these issues since it sounds like you may not have a solid handle on how to go about processing for her immigration status, particularly with the interplay between the nonimmigrant and immigrant intent." from (Jill Apa)"
If the Fiance comes to the US on a B visa, and she marries the US Citizen, can she wait in the US for Her K-3 Visa? and if not. then what would be the quickest way to get her to visit the US eventhough the marriage may happen months after her Initial Tourist Visit to the US. let's Say for example they plan to marry in November 2009, but the fiance wants to see her prior to the wedding date, can she file for a Tourist Visa and after her initial visit the Male Fiance file for a K-1? or would just filing for a K-1 without her filing for a B Visa get her to him faster. Please advice....The Inquisitor :)