How does K1 work if she already has visa?

[195 1]

In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

I'm not trying to defraud any system. I have a lot of time and options on my hands with this sitation so I just want to take the most painless and beneficial route.

Edited October 10, 2006 by 195

[TucsonBill 0]

In this case, I'd suggest you contact a good immigation attorney for a consultation. You can usually do this inexpensively by calling the "Layers Referral Service" and securing an initial consultation for a very low fee. Last time I checked it was around $30.

Bill

[195 1]

In this case, I'd suggest you contact a good immigation attorney for a consultation. You can usually do this inexpensively by calling the "Layers Referral Service" and securing an initial consultation for a very low fee. Last time I checked it was around $30.

Bill

Sorry I posted this thread as a K1 when I meant K3. it's in the wrong forum. mods please delete.

Thanks!

[jonty 0]

In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

I'm not trying to defraud any system. I have a lot of time and options on my hands with this sitation so I just want to take the most painless and beneficial route.

Hello,

She would not be allowed and should not travel on the tourist visa. The cleanest way is to get the K-3 visa or if her country's US consulate does allow you DCF then that is the fastedt way for her to get to the US.

Another way would be that you file for the K-1 visa and get her in 6-7 months time in the US

[Mew 0]

In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period?

You'll only know if they apply for a tourist visa - and getting one is extremely hard in Brazil. Consular officers have discretionary powers to either deny or approve applications and from what I've heard, they'll deny them if they have any reason to suspect the applicant has any intention of staying in the U.S. for good, no matter how much evidence of strong ties to Brazil they bring for the interview. Also, I've heard some horror stories of people being denied entry at POEs, even if they've had their visas and documents to show they'd return to Brazil.

She would not be allowed and should not travel on the tourist visa.

This is not necessarily true. See: http://www.visajourney.com/forums/index.ph...mp;page=k1visit

However, in the case the OP's describe, it might be proven right. I'd advise the OP to search for Brazilians' experiences when applying for tourist visas, so they'll get a better picture of how things work here as far as getting tourist visas go.

Edited October 10, 2006 by Mew

[Mew 0]

... so they'll get a better picture of how things work here as far as getting tourist visas go.

"goes"