Visa question for someone who already has a tourist visa

[garythfla 0]

Hello all,

My girlfriend already has a tourist visa to visit me in the states and she has already been to america quite a few times in addition to seeing me.

If we decide to get married, do we have to go through the whole K-1 process or does it work differently for her since she already has a tourist visa? Anyone know? Thanks in advance for the help. Cheers

[YuAndDan 153]

This question comes up quite often. Using a Visitors visa WITH INTENT to IMMIGRATE is visa fraud.

You are already discussing K-1 visa so you already have immigration intent, do it the correct way file for the K-1, you can still visit while waiting for the correct visa.

[pushbrk 12,824]

Hello all,

My girlfriend already has a tourist visa to visit me in the states and she has already been to america quite a few times in addition to seeing me.

If we decide to get married, do we have to go through the whole K-1 process or does it work differently for her since she already has a tourist visa? Anyone know? Thanks in advance for the help. Cheers

If your scenario is she's your girlfriend (not your fiance) and while she's in the USA you propose marriage and marry on the spur of the moment, so to speak, then no, she does not HAVE TO go thrught the fiance visa process. You could simply adjust her status to permanent resident, based on your marriage.

What is not ok is for one simple but critical part of the above scenario to be different. If you propose while she is abroad, that scenario doesn't work because she would be entering with the intent both marry and immigrate based on that marriage. Intent at entry makes the difference.

The main complication is that if you marry and file to adjust her status, she can't continue to travel back and forth on her tourist visa. The safe bet is to wait for the green card but an advanced parole is a possibility.

[payxibka 10,045]

Just understand that the scenario described above is potentially navigatable (as others have done it) but does not mean the path isn't without barriers, pitfalls and/or slippery slopes.

[garythfla 0]

well, i didnt know what to do, which is why i posted on here.

sounds like the best bet is to go ahead and do the K1 process. Thats what I needed to know. Thanks.

[rika60607 215]

Yeah,

a good slippery slope is a question of WHEN the formal proposal happened and what is considered a formal proposal.

I mean, did he propose on the phone? Or waited until she lands at the US airport?.. :lol:

The biggest problem I suppose is how will you prove that she did not have intent to marry when she was going through POE?

Possibly, they will never ask, possibly they will and then how the hell can you prove something like that???

K-1 is a longer wait but to some extent safer choice.

Good luck!

Rika

[1HappyGuy 45]

You'll find that most everyone here says, "Honesty is the best policy". So, don't take a chance. File for K-1, let her come visit, but know that she will go home to process the visa.

In the long run you will be happier.