Future Wife currently has Tourist Visa

[Vzla to GA 0]

My girlfriend and I will become engaged in a few weeks (in Mexico City) and I was curious if anyone has some advice on the best way to proceed with her receiving permanent resident status here in the US with me. She currently has a tourist visa that is valid through 2022. We are planning on being married in Aruba but things could change if there is a better process for her to become a resident with me in Atlanta. Will she be able to stay for extended periods of time with me or will she need to stay in Venezuela for the whole process?

I have researched the CR-1 Visa but I didn't know if there was a way to transfer her existing visa or have her stay in the US for longer on her tourist visa.

Thanks for your help!

[hmh33 117]

Is she currently in the US?

[Vzla to GA 0]

Is she currently in the US?

Not currently. After we are engaged is going to come back to Atlanta with me to spend some time here.

[hmh33 117]

Not currently. After we are engaged is going to come back to Atlanta with me to spend some time here.

You hope she is. When she attempts to enter the US in B-2 status after just getting married to you, she might have trouble convincing CBP that she has nonimmigrant intent. Having already started the process to file for a CR-1 immigrant visa will probably be helpful in convincing them that she does not have immigrant intent on this trip.

[Vzla to GA 0]

You hope she is. When she attempts to enter the US in B-2 status after just getting married to you, she might have trouble convincing CBP that she has nonimmigrant intent. Having already started the process to file for a CR-1 immigrant visa will probably be helpful in convincing them that she does not have immigrant intent on this trip.

I haven't started started the process yet and we won't be married for a few more months so she will just be coming to visit this time after we are engaged. What is the process like after we are engaged and married? How can I start the process if we aren't married yet?

[hmh33 117]

Have you looked at K-1?

[Vzla to GA 0]

Have you looked at K-1?

Yes, it just seems that with that process it limits her ability to leave the US considering she already has a Visa here it didn't make sense and we would need to file a petition to get married in Aruba because her whole family doesn't have tourist visas to visit the US.

[Harpa Timsah 13,258]

Op: Her current visa has nothing to do with another visa. The fact that she has it doesn't make her different from anyone else.

Edited April 17, 2013 by Harpa Timsah

[Ontarkie 14,226]

~~~~Post removed for TOS violation and one quoting

you agree that when using the Service, you will not:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method~~~~

[Vzla to GA 0]

Op: Her current visa has nothing to do with another visa. The fact that she has it doesn't make her different from anyone else.

So is the option only to apply for CR-1 once we are married and hope she will still be able to visit me in Atlanta during that time period while we are waiting?

The K-1 is an option but the timing of that and seeing her family for Christmas or things like that concern me (as well as the wedding in Aruba).

Thank you!

[Harpa Timsah 13,258]

So is the option only to apply for CR-1 once we are married and hope she will still be able to visit me in Atlanta during that time period while we are waiting?

The K-1 is an option but the timing of that and seeing her family for Christmas or things like that concern me (as well as the wedding in Aruba).

Thank you!

Yep! She can still visit while the CR-1 stuff is pending. During that time she still follows the rules of her tourist visa, like normal (6 months at a time, no work, etc). There is a chance they will deny her entry because they believe she will try to immigrate on her tourist visa, so make sure she brings proof of ties to home just in case they ask. Good luck.

[JohnR! 5,495]

So is the option only to apply for CR-1 once we are married and hope she will still be able to visit me in Atlanta during that time period while we are waiting?

The K-1 is an option but the timing of that and seeing her family for Christmas or things like that concern me (as well as the wedding in Aruba).

Thank you!

Yep! She can still visit while the CR-1 stuff is pending. During that time she still follows the rules of her tourist visa, like normal (6 months at a time, no work, etc). There is a chance they will deny her entry because they believe she will try to immigrate on her tourist visa, so make sure she brings proof of ties to home just in case they ask. Good luck.

If she were to visit and be questioned as to her motives for coming to the US she could make a statement to the CBP officer to the effect that she is aware she would be committing immigration fraud by seeking admission into the US with the intention to do AOS stateside. I know of a case - and a few days ago another person posted a similar situation - in which the fiancee/wife of a USC had an annotation made on her I-94 stating 'AOS not permitted'. There are no guarantees that would work, but it is always a way to convey knowledge and familiarity with immigration laws. She would have nothing to lose by such a course of action.

[Hypnos 6,576]

CBP writing "No AoS" in a passport or on an I-94 holds no legal weight. Someone here had just that happen and successfully AoS'd.

In short, once you're in, you're in. They can't magically put extra conditions on your entry, they either admit you in your desired class or they don't.