Changing from Tourist to Fiance(e) Visa

[Latin Love 0]

I am an American citizen. I met my girlfriend, a citizen of Peru, over 4 years ago over the Internet. She acquired her Tourist Visa and wanted to see what America, its culture and its people, was like. She felt that I could perhaps assist her and be like a guide here in America. Although, there was always a possibility to try and take things further in our relationship, I was careful not to because I thought there would likely be a shock when she experienced the cold northern climate. I also understood that we would not really know anything for sure until we were actually together, in the same space, seeing, hearing, and feeling each other. She was also respectful and mindful of this and never pressed to go any further.

She arrived in February during a very cold spell. But our actual physical meeting, and the week that followed went way beyond either of our expectations. The compatibility and chemistry was there to a degree we never imagined. I cannot begin to tell you how much my life has been enriched by knowing her. This extends well beyond me as it has also brought much warmth and pleasure to my whole family. She and I soon realized the deep love that we felt for each other and long to be together again. But now, the procedural complications begin.

We are trying to figure out the correct, yet shortest, procedure to take so that she, and her daughter, may join me in the USA so that we can eventually be married and live here together. I plan to visit her in Peru early May but, because of my business, I cannot remain in her country for 2-3 weeks in order to be married there. I have heard suggestions that she can come to the USA again using her Tourist Visa and we could get married, then apply for a change of status. But, from what I read elsewhere, this is dangerous, and could be interpreted as Visa fraud. My conclusion is that we must go through the Fiance(e) Visa process (K-1 and K-2). However, what I read was that this could mean that she would not be able to enter the USA again until the new Fiancee Visa has been approved which could take as long as 1 year! The thought of this is horrifying. She is 43 and we had hopes of having a child together. Is she allowed to come to the USA again using her Tourist Visa as long as we do not get married until after the Fiancee Visa has been approved? Does the act of me submitting the I-129F, Petition for Alien Fiance(e) sponsorship form cancel or nullify her Tourist Visa? Any suggestions from a knowledgeable resource is appreciated?

[Penguin_ie 5,994]

*** Moving from AOS from Tourist visa to General Immigration ***

Using her tourist visa with the intent of staying in the USA is visa fraud.

Yes, she can visit during the K1/K2 process. Her tourist visa only cancels once she is approved for the K1.

It usually takes less than a year, more like 8 months, but it depends on the service center and US embassy you go through.

You could file for the K1, and have her stay the maximum amount of time on her tourist visa (usually 6 months); there is no need to wait till she leaves the USA.

Another option would be to marry now, then file for a CR-1 spousal visa. This is cheaper in the long term than the K1, plus she can work and travel right away once she immigrates on that visa.

[ndu26 114]

The petition for K-1 does not nullify her tourist but will present a challenge at the POE as she will need to convince the officer that she will return to her home country after her visit. Showing proof of ties like employment, bank accounts, family etc may help.

[JohnR! 5,495]

I have heard suggestions that she can come to the USA again using her Tourist Visa and we could get married, then apply for a change of status. But, from what I read elsewhere, this is dangerous, and could be interpreted as Visa fraud. My conclusion is that we must go through the Fiance(e) Visa process (K-1 and K-2). However, what I read was that this could mean that she would not be able to enter the USA again until the new Fiancee Visa has been approved which could take as long as 1 year! The thought of this is horrifying. She is 43 and we had hopes of having a child together. Is she allowed to come to the USA again using her Tourist Visa as long as we do not get married until after the Fiancee Visa has been approved? Does the act of me submitting the I-129F, Petition for Alien Fiance(e) sponsorship form cancel or nullify her Tourist Visa? Any suggestions from a knowledgeable resource is appreciated?

You are correct. If she came to marry you and stay in the US without a K-1 visa, it is considered visa fraud. The K-1 visa would be not only faster but also the legal way of dealing with your case.

In theory that you initiate the process and request she be given a fiancee visa should not automatically cancel or void her existing B1/B2 visa. Her B1/B2 visa will effectively be canceled without prejudice, when she is granted her K-1 visa. That is normal procedure.

Having said all that, the decision to let anyone enter the US falls on the CBP officer at the POE. The CBP decision is final, so nobody can guarantee she will or will not be allowed in if the tries to visit during the process. However, I would suggest that once you file and receive an approval from USCIS, make sure she has a copy of the approval on her in case she decides to visit, so she can show it at the POE. The rationale is that she would have no reason to commit immigration fraud when she is following the legal procedure to obtain a visa to enter the US and stay as a resident.

Good luck!