Girlfriend has B2, we want to get married. Help please!

[minnimordh 0]

Hi everyone,

I am super happy to have been referred to this site and thanks in advance for any and all info and advice!

My girlfriend (from China) has her 10 year B2 Tourist Visa and has visited my family using it in 2015 and then returned back to China. I got a job in the US, and we want to get married this year (been together over 5 years). I have looked into some threads on here and know that INTENDING to get her status adjusted and obtain a green card without leaving while entering with the B2 visa is fraud (have found conflicting opinions on the chances of rejection and the morality of it, etc. but many of these are very old as well).

My question is how can we minimize the amount of time we are separated without risking anything? Would it work to have her come on the B2 for six months, we decide to get married after a month or two, then file the IMMIGRATION visa for spouse (like IR1/CR1) right away while she still spends the remaining time on the allowed 6-month B2 visit before leaving? It seems to me that this would allow us to spend AT LEAST 4 more months of the waiting time for the immigration visa still together instead of apart.

I don't know if her current B2 will still be valid after we file for the spouse immigration visa. I noticed the spouse visas take a long time to get, so if we file the paperwork for a spouse immigration visa, would my girlfriend still be able to continue using her 10 year B2 visa to visit again while we wait to get the immigration visa?

I am super grateful for ideas on what we can/should do. It is so intimidating to get something mixed up and have to wait more months than necessary or possibly getting her banned etc.

Thank you so much!

Jon

[IcezMan_IcezLady 582]

yes you can but you cannot use her B2 visa with the intent to stay here. Why not do the fiance visa (K-1 petition) instead?

She can travel back and forth so long as her visa is valid and CBS don't suspect she might stay.

[minnimordh 0]

Thanks for responding!

The reason we don't want to do the K-1 is it requires applying, waiting, paying, etc. but she already has the B2 visa in hand right now. We are not intending on her staying on her B2. I just want to know if we can be in the process of getting the spouse visa while continuing to use the B2 visa (as it was intended, to visit) until the spouse visa is in hand, then have her return to China and immediately immigrate with the new visa.

The K-1 would require more money and (more importantly) more time, no? We want to minimize any time spent apart too, so basically, my question is, can we submit paperwork and wait for the immigration visa while still using the B2 to visit 6 months at a time in the meantime?

Does the issue make more sense now?

Best,

Jon

[Alaska2012 462]

If you do K1 she can still visit using her tourist visa and the wait is usually shorter than CR1

[minnimordh 0]

If you do K1 she can still visit using her tourist visa and the wait is usually shorter than CR1

Thanks for the info! Do you mind if I ask if you did or knew someone who did it this way?

[akihon 129]

Thanks for the info! Do you mind if I ask if you did or knew someone who did it this way?

There are a number of older threads regarding visiting the US on a tourist visa or VWP while waiting for the K-1 processing (here). All of them warn of being prepared to be denied entry worst case scenario if Border Control is not convinced that your girlfriend will leave after her visit. She has to show them strong ties to where she's visiting from, including a return trip ticket itinerary.

Edited February 29, 2016 by akihon