A Question About the Visa Process

[S.L. 0]

I have a question that I hope someone can help me with. My girlfriend has gotten her visa to the US. She is coming here in May. I plan to propose when she is here. Her visa is good for a year, so my question is this. After we file for the K-1 will she be able to come back into the US on her tourist visa? I will be honest in that I would really like for her to stay here for the approval process and only return to her country when she is to do the interview, but I am not sure that the US government will allow that. Can anyone tell me if this would be possible or if there are ways to minimize our time apart during this process? Thanks for helping this newbie in advance.

[Marina-Del 10]

I have a question that I hope someone can help me with. My girlfriend has gotten her visa to the US. She is coming here in May. I plan to propose when she is here. Her visa is good for a year, so my question is this. After we file for the K-1 will she be able to come back into the US on her tourist visa? I will be honest in that I would really like for her to stay here for the approval process and only return to her country when she is to do the interview, but I am not sure that the US government will allow that. Can anyone tell me if this would be possible or if there are ways to minimize our time apart during this process? Thanks for helping this newbie in advance.

If she has a tourist visa for 1 year in the US than she can stay for 1 year. It shouldn't matter that you are applying for the K-1 throughout that time. However, if she is going to leave the US and then come back in after you have applied for the K-1 visa, be aware that their are risks. You can search for threads discussing this. Most of the time the fiancee is let in, but not always. However, again, if her tourist visa is good for 1 year and she stays in the US throughout that year, there is not problem there. But be aware that you need to have a mailing address for her in her home country where she will recieve the packet 3 and information about an interview.

Perhaps others can shed more light on this.

Good luck!

[Bobby+Umit 161]

What you propose is acceptable.

As long as she can show strong ties back to her country, when she visits, she can stay as long as her current visa is valid. (and of course, within the time of the I-94).

If she cannot prove strong ties, they will either allow her to withdraw coming into the country (and she goes home), or sometimes they will only give a short amount of time to visit (2 weeks or so).

Umit, who is from Turkey, came this last January (we were in the second month of the K-1 process), she was given a 6 month stay.

They asked her about the her return ticket (strong ties) and about the K-1. No issues.

[John24689 0]

You can always get engaged while she is here and then get married. Then start the K-3 process. She cannot travel back home after your marriage. She will have to wait until she gets either Advance Parole or her Green Card. I had a friend marry his wife while she was here and they met for the first time. The only problem is the intent of her coming. If she is coming just to see you and is not aware of you wanting to propose to her, then I think it is all right. If she knows you want to get engaged and then get married, then you should not do it and file for the K-3. Read up on this before you decide. I am not suggesting you do something illegal. Read and ask questions.

Good luck on your journey.