visa question

[briank1visa 0]

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

[YuAndDan 153]

Best route is to marry, and start the visa process, then the spouse would return home to compleate the visa process.

Being in the military helps for the Affidavit of support, I-134 for the Visa, and I-864 for when adjusting status, military only need to meet 100% of the poverty line, not 125%.

[briank1visa 0]

Best route is to marry, and start the visa process, then the spouse would return home to compleate the visa process.

Being in the military helps for the Affidavit of support, I-134 for the Visa, and I-864 for when adjusting status, military only need to meet 100% of the poverty line, not 125%.

so she would need to return home? Think that was his biggest concern. k3 visa is the best route for him then. Does applying for a k3 visa make her visitor visa no good?

[YuAndDan 153]

Best route is to marry, and start the visa process, then the spouse would return home to compleate the visa process.

Being in the military helps for the Affidavit of support, I-134 for the Visa, and I-864 for when adjusting status, military only need to meet 100% of the poverty line, not 125%.

so she would need to return home? Think that was his biggest concern. k3 visa is the best route for him then. Does applying for a k3 visa make her visitor visa no good?

No, she can still continue to visit, just not past the expiration date, that would be considered to be an overstay, and can complicate things.

[Yodrak 7]

briank1visa,

Your friend should really have a consultation with an immigration attorney to discuss the details of the situation. What those details are - and the odds that those details can be demonstrated in such a way as to create a proper understanding of the situation - will determine which route might be preferred.

Yodrak

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

[eau_xplain 2]

Best route is to marry, and start the visa process, then the spouse would return home to compleate the visa process.

Being in the military helps for the Affidavit of support, I-134 for the Visa, and I-864 for when adjusting status, military only need to meet 100% of the poverty line, not 125%.

so she would need to return home? Think that was his biggest concern. k3 visa is the best route for him then. Does applying for a k3 visa make her visitor visa no good?

No, she can still continue to visit, just not past the expiration date, that would be considered to be an overstay, and can complicate things.

For as long as your friend's girlfriend entered the US without any intent to marry your friend, then they can apply for AOS in the US (after getting married) without her having to go back to do the K3 visa.

[Robin28 2]

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

If your friends g/f ( fiancee ) came to the US with the intent to visit and now they want to get married they can just go ahead and get married in the USA and apply for AOS .. The only thing that matters is that she didn't intend to stay and get married when she used the visitor visa .. Or she can go home and do the K1 or K3 , i think if you call the 1 800 # they can give you information about this

[briank1visa 0]

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

If your friends g/f ( fiancee ) came to the US with the intent to visit and now they want to get married they can just go ahead and get married in the USA and apply for AOS .. The only thing that matters is that she didn't intend to stay and get married when she used the visitor visa .. Or she can go home and do the K1 or K3 , i think if you call the 1 800 # they can give you information about this

They met in her country and she had a visitors visa before they met so they might be good to go there. Wondering what kind of proof they might need to show she didn't intend to get married on a visitors visa. One more question. When i did my k1 visa and it expired after 90 days my wife was still okay to be here because of the noa1 saying they recieved the package. So if they apply for adjustment of status she can still travel on the visitors visa correct. Once she gets the noa1 notice can she stay here past the tourist visa or does she need to go there and come back?

[meauxna 15]

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

If your friends g/f ( fiancee ) came to the US with the intent to visit and now they want to get married they can just go ahead and get married in the USA and apply for AOS .. The only thing that matters is that she didn't intend to stay and get married when she used the visitor visa .. Or she can go home and do the K1 or K3 , i think if you call the 1 800 # they can give you information about this

They met in her country and she had a visitors visa before they met so they might be good to go there. Wondering what kind of proof they might need to show she didn't intend to get married on a visitors visa. One more question. When i did my k1 visa and it expired after 90 days my wife was still okay to be here because of the noa1 saying they recieved the package. So if they apply for adjustment of status she can still travel on the visitors visa correct. Once she gets the noa1 notice can she stay here past the tourist visa or does she need to go there and come back?

Didn't you read? The best solution is for you to send your friends to get personal, in person, legal advice that pertains to THEM and only them.

Passing notes third hand is a sure way to make problems for their future. You wouldn't want to do that, would you?

[no name 1]

Passing notes third hand is a sure way to make problems for their future. You wouldn't want to do that, would you?

Not to mention it makes NO SENSE. K1's expired yet he has an NOA1, etc, etc....

[Killer_Clown_2009 0]

If she marries in the US and applies to adjust status, she won't be able to come and go on her visitor's visa. She will need to apply for and wait to receive AP in order to travel outside the US.

[elgringo 0]

Bottom line is, if she came here with no intent to get married and the USCIS cant prove that that wasnt her intention, then she doesnt have to return to her country. She can just go ahead and get married and file all the paperwork and then at the interview just explain that yes, she came in on a tourist visa but her intention wasnt to get married. They might ask some more detailed questions to make sure though, so just be ready for that. Thats the situation I'm in now; my wife came here on a tourist visa but we had no intention of getting married. It just happened "on a whim" as the immigration law says....

[briank1visa 0]

A friend of mine is asking me questions since i have done the whole k1visa proccess. His situation is different. His girlfriend is here in the states on a visitors visa. He wants to get married with her here and wants to know what he needs to do. I know if he got married in her country he would do a k3 visa. If he gets married here would she still have to go back to her country and do the k3 visa. What's the best route for his situation? He is in the military if that makes any difference on his options.

If your friends g/f ( fiancee ) came to the US with the intent to visit and now they want to get married they can just go ahead and get married in the USA and apply for AOS .. The only thing that matters is that she didn't intend to stay and get married when she used the visitor visa .. Or she can go home and do the K1 or K3 , i think if you call the 1 800 # they can give you information about this

They met in her country and she had a visitors visa before they met so they might be good to go there. Wondering what kind of proof they might need to show she didn't intend to get married on a visitors visa. One more question. When i did my k1 visa and it expired after 90 days my wife was still okay to be here because of the noa1 saying they recieved the package. So if they apply for adjustment of status she can still travel on the visitors visa correct. Once she gets the noa1 notice can she stay here past the tourist visa or does she need to go there and come back?

Didn't you read? The best solution is for you to send your friends to get personal, in person, legal advice that pertains to THEM and only them.

Passing notes third hand is a sure way to make problems for their future. You wouldn't want to do that, would you?

yes i did read and thats great advise and i did suggest that to him. Knowledge is power and some people on here do know a lot about the immigration process. When you go to a mechanic do you say my car is broken fix it please or do you have a clue about whats wrong with it before you talk to him. Thanks to everyone who has responded to my questions.