Visiting Your Fiancé in the United States: Legal Guidelines and TRW Law Firm Advice
A TRW Law Firm Guide
Updated: March 2025
If you are engaged to a U.S. citizen or green card holder and wish to visit them in the United States before your marriage, it is crucial to understand the legal considerations and immigration consequences of doing so. As immigration specialists at TRW Law Firm, we guide couples through the delicate path of cross-border engagements, ensuring you avoid complications that may jeopardize your future green card eligibility.
🌟 Planning to Visit Before a K-1 Petition Is Filed
Can I Visit My Fiancé Before Filing a K-1 Visa Petition?
Yes, if your fiancé has not yet filed Form I-129F (the K-1 visa petition), you can typically visit the United States on a temporary visa, such as a B-2 tourist visa or through the Visa Waiver Program (VWP).
Important Caveat:
While it is legally permissible to visit, you must never misrepresent your intentions to U.S. Customs and Border Protection (CBP) officers or on any immigration forms. You must not suggest that you plan to remain permanently in the U.S.
Precautionary Measures:
- Be honest about who you’re visiting.
- Bring proof that you’ll return to your home country (e.g., return plane ticket, employment letter, lease agreement).
- Avoid overstaying your visa.
📷 Visiting After Filing the K-1 Petition
Things Get More Complicated Once I-129F Is Filed
Once your fiancé files the K-1 visa petition, your intentions to immigrate become a matter of record with USCIS. This can raise red flags for CBP if you attempt to enter the U.S. on a temporary visa, since non-immigrant intent is a requirement for most temporary visas.
Risks You Face:
- Denial of entry at the port of entry.
- Cancellation of your temporary visa.
- Future green card ineligibility due to perceived misrepresentation.
TRW Recommendation:
We advise that fiancé(e)s whose I-129F petitions are pending wait until their K-1 visa is approved before traveling. If travel is unavoidable, bring compelling evidence of intent to return abroad.
📆 Traveling After K-1 Visa Approval
Once your K-1 visa is approved:
- You can only use it once to enter the U.S.
- You must enter within 4 months of approval.
- You must marry your U.S. citizen fiancé within 90 days of arrival.
Limited Travel Options:
- You may take short trips (under 30 days) to Canada, Mexico, or Caribbean islands via automatic visa revalidation, but you must return within that period.
Warning:
Failing to marry within 90 days may result in removal proceedings. A new I-129F petition would be required to restart the process.
⚠️ Can I Marry While on a Tourist Visa?
Yes, but highly discouraged.
Why?
- If you enter the U.S. on a tourist visa and marry soon after, it could be seen as visa fraud.
- USCIS applies the “90-Day Rule” to scrutinize marriages occurring within 90 days of arrival.
TRW Insight:
If your plans change after arriving on a tourist visa and you decide to marry, you must be able to show that the decision to marry came after your entry, and not before. If not, your adjustment of status (green card) application could be denied.
Best Practice:
- Apply for a K-1 visa instead of marrying on a tourist visa.
- Wait at least 90 days post-entry before marrying or applying for a green card.
🏠 Living with Your Spouse in the U.S. After Marriage
Once you are married:
- You can apply for a green card through the marriage-based green card process.
- If you came via K-1, file Form I-485 (adjustment of status).
- If you overstayed or violated a visa, immediate relatives (like spouses of U.S. citizens) often benefit from waivers.
What You Cannot Do:
- Re-enter on your K-1 after leaving the U.S. – it is single-entry only.
- Work before receiving work authorization (EAD).
✅ Final TRW Recommendations
🟩 Always disclose the truth to USCIS and CBP.
🟩 Do not enter on a tourist visa with the hidden intent to marry or stay.
🟩 Use the K-1 visa route when planning to marry in the U.S.
🟩 Contact TRW Law Firm for case-specific immigration strategy.
🌐 Contact TRW Law Firm
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Trust TRW Law Firm to guide you through your cross-border love story—with precision, compliance, and compassion.