Surprise Proposal to GF with visitor visa

[robotclaws 0]

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

I'm not sure I understand this comment. Ideally, I would like for her to be here in a block of time, up until the point that she needs to do the application in Colombia. Trips back in forth would start to get expensive. Is she only allowed to stay in the US for six months per year on her visitor visa? She has only visited one time, last christmas, so I'm not familiar with this.

[canadian_wife 1,820]

She is authorized to stay for as long as the CBP permits her. The max per visit is 180 days. If she is allotted 180 days she likely will not be visiting again.

good luck

[robotclaws 0]

So, say that she visits from the middle of April until the beginning of September. She would do the K1 visa application/med/interview etc. in Colombia, and hopefully by the first couple of months in 2014, have her K-1, correct? Since 2014 is a new calendar year, would her 180 days would start from zero?

Thank you again for your help.

[Hypnos 6,576]

No, it's 6 months out of the last 12 which doesn't reset when the year ticks over.

In general terms, the alien must spend at least an equal time outside of the US than inside it, up to a maximum of six months. If she stay here for five months then it would be a good idea to then spend five months in her home country. Failure to do so may lead CBP to deny her entry due to them believing that she is living in the US on a tourist visa.

Edited April 9, 2013 by Hypnos

[Hypnos 6,576]

removed

Edited April 9, 2013 by Hypnos

[Kisturia 7]

I've been to the US from Dec 29 2011 to June 20 2012 = 174 days

This meant that I had 6 days left until Dec 29 2012.

I went on a visit to the US again on Dec 22 which was 7 (or 8) days until Dec 29 - depending on how you count. I thought to myself I'm going to risk that, it's just a day here and there. (I stayed until Jan 5 2013)

The IO at the POE didn't even look at the date. He asked me why I'm travelling on a visa (since I'm from a VWP country) and I told him that I stayed in the US for 6 months earlier this year. No further questions, stamp here, stamp there, good to go.

For your other question:

She NEEDS to have a return ticket. The return date may be within those 180 days.

When I arrived in Dec 2011 I had to go to secondary inspection. I think because I couldn't show them my actual return ticket. I told them I booked online and I don't have the ticket yet, I'll get it at check-in in June. (Now I know I should have at least brought the itinerary or something). But in secondary I was asked again if I have a return ticket and I said "Well, I BOOKED it but I don't have it in my hands yet because I booked it online and can't receive it until I checked-in." He asked when my return flight is, from where to where, is it non-stop or not. He checked in his computer (don't know if he could see my dates there ) and said "Alright, you're fine." stamp here, stamp there.

And the other comments are right. It's not about the calendar year, it's about 12 consecutive months. And a tourist is not allowed to be in the States for more than 180 days within 12 months.

Regarding the processing times:

Right now it's tough to tell how long it's gonna take for CSC or VSC to process files. There's always been ups and downs but right now they're slow. Which doesn't mean that they might pick up speed soon. Usually it shouldn't take longer than 5-6 months for a petition to be approved but you never know. After the approval the file will be sent to NVC who then send it to your fiancee's consulate. This usually takes about 3-4 weeks. She'll receive a letter then (I think it's the same in Colombia up to this stage like everywhere else but I'm not sure) and she has to send in more documents. Then do the medical, go to the interview,...

So I think you should propose close to her arrival date and file the petition as soon as possible. It's doubtful that the petition will be approved in less than 5 months!

If she has to return home before the petition is approved you'll have to wait. And if it's taking longer and longer you have to visit her in Columbia since she wouldn't be allowed to visit again because of her stay of about 5.5 months.

I hope that helped. Good luck with the proposal and hopefully you will be waiting for the approval together for most of the time!

[jkb11 26]

There is no provision of law that would prohibit tourists (neither B2s nor VWPs) from staying for more than 180 days within 12 consecutive months. You might enter, stay the full six months (not 180 days), leave for a day or two and come right back. It's up to the CBP officer at the border if he lets you back in.

OP: IMO if you propose and she accepts, you get married and do concurrent filing, it's perfectly legal and there is no visa fraud involved, as she will have clearly no intention of staying at the time of admission. However, keep in mind that if you decide to take that route, it might take 2-3 months from the date of filing, for her to receive travel documents (advance parole), which would allow her to reenter the US after temporary foreign travel.

Edited April 9, 2013 by jkb11

[robotclaws 0]

Thank you all so much for your help. I think that we'll go the K1 route, have her stay here for about 5 months while the petition is processing, and then both go back to Colombia until everything is finished.

Should I worry at all about buying her return ticket for 5 months from now? Is there any possibility that the official at the POE will not let her stay for 5 months even if she has a return ticket for then?

[canadian_wife 1,820]

Yes, there is a possibility. Entrance and duration of stay is up to the discretion of the CBP. She may be allotted 5 months, 6 months, 10 days or denied entry.

If she has strong ties to Columbia she should be fine. But I had strong ties to Canada and was denied entry.

Good luck

[rkj082000 11]

If you propose and she accepts, I would get married while she was there and go the CR-1 route, not the K1. They are both taking about the same amount of time (and in some cases CR-1 have been processed faster), and she will be able to work and travel right away. Read up on both options, but at this time I would go CR-1, just saying.....

[Harsh_77 718]

I would go with the last advice and not go with K1 route, if she says yes than go and get married in the court and than start your CR1 process.

She can stay in US as long as her I-94 is valid and than return back to her home country and complete the rest of the process from there.

Once she returns back in 7-8 months you can plan your grand wedding inviting all the family and friends (If you guys wish to) and do a ceremony etc.

From cost perspective and from ease of adjustment of status CR1 is a better choice over K1.

[LBeachey 44]

One other option to consider:

Assuming she agrees, you could get civilly married while she is here and start the CR-1 visa process with the I-130. There are many advantages including it being cheaper and the Green Card becoming active as soon as she enters. I know there have been long waits with getting I-129f petitions approved lately but I am not sure how that has affected I-130's.

As long as she leaves before her visitor's visa expires, there is no issue. You could even plan and have the religious ceremony in Columbia while you wait fore the petition to be approved. Some prefer to wait as fiances rather than as a married couple but it is an option.

[Kisturia 7]

There is no provision of law that would prohibit tourists (neither B2s nor VWPs) from staying for more than 180 days within 12 consecutive months. You might enter, stay the full six months (not 180 days), leave for a day or two and come right back. It's up to the CBP officer at the border if he lets you back in.

Wow, I must have been misinformed. I just checked again - you're absolutely right!!

And to the other posts about CR-1:

That's an option, too. And of course it would be great if she was able to work and travel once she enters the US on her CR-1. Plus it's way cheaper!!

[Gosia & Tito 199]

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?

Not the biggest to think about but.....Latin American women (not all though) are not "married" until married in a church with the entire family.

Besides what others are noting on the risks, there are a lot of logistical matters to think about (thesis, clothes -on this one....knowing what I know now, my now wife has more clothes and shoes that Ihad in my entire live; etc....)

If you adjust when she is here, she would need clothes, and who knows what else....might make her life challenging.

Perhaps an idea could be to propose, marry in a court, file CR-1 immediately. Couple of months later, as she was planning, goes back to her country and start preparing to move upon approval of CR-1; defends thesis, etc. In between, you go to Colombia and marry in a church. By the time all this is done, you would be about 6-7 months into the CR and the wait would be short from there.