Tricky question for a K1 application who's in the US now with employer

[dvensel1 5]

OK. So I met a good friend of my filipina wife today right here in New York state. She works for a couple as a nanny for 3 kids and they live in Dubai. She was allowed into the US with this family for vacation by getting a tourist visa. Her employer (the couple) did the process for her. Her fiance is a US natural born citizen. She's been through the embasy interview process and from what she's told me, has been through the entire visa process to gain this tourist visa.

But now, she and her man wish to be married and live here in the states. What does she/they need to do? She will be returning to Dubai at some point but the tourist visa says it's good for 6 months (although they won't be here that long). Can anyone guide me on this so I can help her in some way? Since she's been through the visa process once with the USCIS does this help or hinder her chances at a K1?

Here it is in a clearer format.

~The girl left the Philippines to work in Dubai as a nanny. The employer did the paperwork.

~They wanted to come to the states for vacation and bring her with them. The employer did the application and paperwork for the girl's Tourist Visa. They are here now.

~She is engaged and wishes to pursue a K1 visa now.

~Can she do this while living in Dubai? (They will return there soon)

~Will her past experience with the tourist visa count towards the K1? (the security stuff and interview and other relevant things associated with all visa.)

Thanks for any help anyone can convey. It's confusing but somewhere I have seen how the country handles this but now I can't find it.

[EM_Vandaveer 2,408]

The only problem I see is that she's working right now on a tourist visa. I'm not sure about the exact rules on that because her employers are foreigners, too, so maybe it's allowed? I hope someone will chime in on that.

EDIT:

OK, I looked it up, it's 100% OK for her to work on a tourist visa in these circumstances because her employers are also on tourist visas.

Otherwise, no problem. It will not make it slower or quicker that she has a tourist visa. She can interview in Dubai as long as she is still living there legally when it's time for her interview.

Edited July 10, 2016 by EM_Vandaveer

[Boiler 45,489]

Can not see it has any impact on the K1.

[Hank_ 9,174]

OK. So I met a good friend of my filipina wife today right here in New York state. She works for a couple as a nanny for 3 kids and they live in Dubai. She was allowed into the US with this family for vacation by getting a tourist visa. Her employer (the couple) did the process for her. Her fiance is a US natural born citizen. She's been through the embasy interview process and from what she's told me, has been through the entire visa process to gain this tourist visa.

But now, she and her man wish to be married and live here in the states. What does she/they need to do? She will be returning to Dubai at some point but the tourist visa says it's good for 6 months (although they won't be here that long). Can anyone guide me on this so I can help her in some way? Since she's been through the visa process once with the USCIS does this help or hinder her chances at a K1?

Here it is in a clearer format.

~The girl left the Philippines to work in Dubai as a nanny. The employer did the paperwork.

~They wanted to come to the states for vacation and bring her with them. The employer did the application and paperwork for the girl's Tourist Visa. They are here now.

~She is engaged and wishes to pursue a K1 visa now.

~Can she do this while living in Dubai? (They will return there soon)

~Will her past experience with the tourist visa count towards the K1? (the security stuff and interview and other relevant things associated with all visa.)

Thanks for any help anyone can convey. It's confusing but somewhere I have seen how the country handles this but now I can't find it.

Just the facts ma'am

Wants to complete a K-1 visa in Dubai for a Filipina. No problem. The tourist visa has no affect with the K-1 visa. Hopefully she doesn't stay in the USA for 6 months.

USC files the I-129F with accompanying supporting documents.

https://www.uscis.gov/i-129f

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

One question I have; Will the Dubia family have issue with her "leaving"? Some once they get wind of what is going on will cancel the work visa and send the Filipina back to the Philippines. Hopefully they are good people and won't do that.

[jan22 3,053]

The only problem I see is that she's working right now on a tourist visa. I'm not sure about the exact rules on that because her employers are foreigners, too, so maybe it's allowed? I hope someone will chime in on that.

EDIT:

OK, I looked it up, it's 100% OK for her to work on a tourist visa in these circumstances because her employers are also on tourist visas.

Otherwise, no problem. It will not make it slower or quicker that she has a tourist visa. She can interview in Dubai as long as she is still living there legally when it's time for her interview.

It is unlikely that she has a tourist visa. It sounds like she was issued a B1 as a personal employee of the Dubai family. The visa would be annotated saying that and would only be valid for when she was travelling with the family. It allows her to work as a nanny for them while they are in the US.

[USC1961 251]

Maybe someone else can chime in on this, but the K1 may not even be necessary. Since she has already entered the USA legally you should be able to get married and file for permanent residency. The danger of this however is having to prove that this was not the intention of obtaining the B-1 visa in the first place. And I personally wouldn't attempt it without the help of an attorney. In addition, if they knew each other before her arrival to the USA, this would make things a bit trickier.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

[Boiler 45,489]

Maybe someone else can chime in on this, but the K1 may not even be necessary. Since she has already entered the USA legally you should be able to get married and file for permanent residency. The danger of this however is having to prove that this was not the intention of obtaining the B-1 visa in the first place. And I personally wouldn't attempt it without the help of an attorney. In addition, if they knew each other before her arrival to the USA, this would make things a bit trickier.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

No danger but not what they want to do.