Surprise Proposal to GF with visitor visa

[robotclaws 0]

Hello everybody. I have been browsing through the archives on this site and wanted to ask a couple of questions that I still have. My girlfriend will be traveling from Colombia on her visitor visa to visit me for a couple of months. I intend to propose to her during her stay. She has no knowledge of my proposal plans. My questions are:

1: Will she need a round-trip ticket? I am fairly confident that the proposal will be well-received, in which case I would want to file for a change of status. If I also bought a refundable one-way ticket home for her, intending to cancel the return portion if she says yes, would this be ok if the POE gives her a closer look? The tickets would be from different airlines because the budget line that she will be flying in on doesn't allow tickets to be cancelled.

2: Will my plans complicate things for us after we get married? Will the change of status be a pain?

I don't want to take any chances with "visa fraud", but spending another 6 months apart to file for a K visa isn't going to work out. Since she has no knowledge of my intentions, she couldn't be seen as in violation of her visa conditions, correct? If everything goes according to plan, she won't be able to leave the country again until her long-term resident status comes into effect?

Thank you all very much for any information you can provide, and thank you in advance for correcting me if I am misunderstanding something.

[canadian_wife 1,820]

Does she have a job or place in Columbia she'll have to leave? Will she be traveling with all the required documents for adjustment of status?

Tricky, she doesn't have intent but you do. I wouldn't risk it, but I'm a rule follower

good luck

[robotclaws 0]

Does she have a job or place in Columbia she'll have to leave? Will she be traveling with all the required documents for adjustment of status?

Tricky, she doesn't have intent but you do. I wouldn't risk it, but I'm a rule follower

good luck

She is currently finishing her Master's degree and has yet to make her thesis presentation. So at some point in the future she'll have to go back and finish that. She recently moved back home with her parents after she finished her university work in a different city. A "home-base" move, not a preparation for moving. She won't be bringing any of the adjustment of status documents since this will be a surprise to her. She'll only be bringing clothes for the trip.

Thanks for your help.

[Hypnos 6,576]

It seems like you are planning on circumventing immigration laws on her behalf; I'm not sure that's a good idea.

[Harsh_77 718]

She is currently finishing her Master's degree and has yet to make her thesis presentation. So at some point in the future she'll have to go back and finish that. She recently moved back home with her parents after she finished her university work in a different city. A "home-base" move, not a preparation for moving. She won't be bringing any of the adjustment of status documents since this will be a surprise to her. She'll only be bringing clothes for the trip.

Thanks for your help.

If you go by your plan, she would not be able to travel back for almost a year until her AOS is complete.

Do you think when she is just traveling on tourist visa she would not need to go back for another year?

You are going to propose but for her to live and change status you will have to get married, do you think you and her family would be ready while she is here on tourist visa?

[robotclaws 0]

Would another option be to file for the K Visa while she is on her trip here, or would she need to file this out of the country?

[Hypnos 6,576]

You can file a K-1 while she is in the US.

It would probably be easier because you could have her sign any forms and documents while she is here.

[UK-USA-K1 128]

You can file a K-1 while she is in the US.

It would probably be easier because you could have her sign any forms and documents while she is here.

I also proposed to my fiancee while she was here on the travel visa (VWP to be specific). We actually were on a little trip in Las Vegas. I thought through the possibility of marriage directly after proposal, but there are so many other things to consider and to prepare for when making such a life changing decision. After she accepted, we discussed all the various options, and we thought it was best in our situation not to risk any potential red flags by trying to Adjust status and we planned out a strategy to get everything in order before she makes the big move over here. We wanted her to come here sometime towards the end of this year (around fall) so we applied in early february. We may run a little longer than that with the way CSC has been lately, but we will be completely ready for what's to come and in the long run, I think it's the best and safest route to take.

[canadian_wife 1,820]

She is currently finishing her Master's degree and has yet to make her thesis presentation. So at some point in the future she'll have to go back and finish that. She recently moved back home with her parents after she finished her university work in a different city. A "home-base" move, not a preparation for moving. She won't be bringing any of the adjustment of status documents since this will be a surprise to her. She'll only be bringing clothes for the trip.

Thanks for your help.

Have her visit, propose, file the K-1 visa while she is in the US and have her return home. Maybe she'll WANT to return home, I would if I was finishing a Masters degree

good luck

[robotclaws 0]

That sounds like a great idea... What is the turnaround time for the K visa? And in reference to my first question, what should I do about a return ticket? I've been reading that each stay can be six months, but can I count on that? Can I get her return ticket five and a half months later without worrying that the officer at the DOE is going to nix that idea?

Thanks again!

[robotclaws 0]

Another question: How much of the K visa process can be completed while she is here in the States? Is there a step that must be completed out of the country that is going to hold us up?

[Hypnos 6,576]

An I-129F will realistically take around 10 - 12 months to be approved; you will then move on to the NVC and foreign embassy stage.

All you can really do while she is here is submit the I-129F.

A return-trip ticket is required for entry under the VWP or a B-2 visa, so buying a return ticket for ~5 months after arrival would seem to be a sensible thing to do.

[robotclaws 0]

If we wanted to minimize our time apart, how much time should we prepare to be together in the USA before the steps arrive for which she needs to be in Colombia? After sending off the I-129F form, approximately how much time will pass before she needs to do something in Colombia? Sorry for all the questions, I'm doing my best to research these questions as I'm writing them. Thank you all.

[robotclaws 0]

Sorry for the impatience, but I'm planning on buying the ticket tonight, if possible. Can somebody clarify how much time (roughly) it will be before she needs to start doing things in Colombia for the K1 visa? Based on the K1 flowchart, she won't need to be back in Colombia until step #8, correct? Hypnos, was your suggestion of 5 months in response to this?

Thanks!

[canadian_wife 1,820]

If this process takes 10 months, how often would you like her to visit? If she stays for the full 6 months in this trip, she probably won't be back to the US

good luck