I am an american and my fiancee is foreign national.?

Question

The paperwork is taking too long to get her k-1 visa to the u.s. we decided to visit canada. could we apply for my fiancee a tourist visa to the u.s. while k-1 is getting processed considering she is from former soviet country?

Answer 1

If she wants to apply for a tourist visa to the US, her chances of getting one would normally be better back home. However, since you've already filed a fiance petition for her, it's unlikely she'll be approved, back home or in Canada.

Answer 2

It's all about your fiancee's ties to another country. In theory, she can have plenty of substantial ties to any other country and apply for a visa in any country. But in practice, George is right- it's going to be difficult for her to get any non-immigrant visa now that you've applied for her K-1. Why? Because an American consulate in Canada will be familiar with Canadian ties to Canada. Convincing someone in Canada that she has plenty of ties to a former Soviet country will be much more difficult.

What to do?  You can contact the CIS and ask for them to expedite the application. You can also contact your congressman and ask for the same thing. You might have to make several phone calls, you might have to exercise patience.

What not to do?  Do not try to con a consul or the CBP officer that her entry as a tourist is not linked to her intended stay here as your wife.