work visa

[SMR 368]

If you think of this as a long term relationship without international borders, I think it sheds light on the international situation. If you were from, say California and she was from Kansas, and you wanted to try the relationship out, she could get a job in California and you could date for a while and see where things go. There is no reason she can't try to get a work visa and do the same thing. It's perfectly legal and aboveboard.

The only difference would come in if you decided you wanted to move forward and get married after getting the work visa. You could get married and try to adjust status without her leaving. This is somewhat of a gray area since it would be illegal if you had planned it from before the time she entered the US. However, if you made the decision to get married after she entered the US, then this would also be perfectly legal. Obviously, you would need to demonstrate that this is the case. Time would be on your side. If she enters on a work visa and you get married the next day, it'll be hard to convince any reasonable person that you weren't planning it. But if you date for say, 6 months, while she's working and decide then to get married, it's not too far fetched. Of course, even after the work visa you could apply for a K-1 or you could get married and apply for a CR-1. Those are also valid options but have their downside in the waiting time and the cost.