Best option for B1/B2 ?

[mmitton 0]

I thought I was pretty well versed in family based visa processes but after reading some of the discussions here I am not so sure. Seems like it's an ever evolving process so I'm here looking for some up to date guidance

I'm a US citizen and my prospective fiancee is from Thailand. She is currently here on a B1/B2 visa, She has lots of family here and her son attends high school here in the US. This is her 5th visit to the US so she clearly didn't come here with the intent to marry. She will return to Thailand at the end of the month.

If we marry before she returns and apply for a change of status will she still be able to travel back and forth on her tourist visa while it is being processed? If we start the K1process can she still travel back and forth while it is being processed? What about the CR1 - I don't know a lot about it? Other ideas?

So what is our best option?

Thanks for any help!

Mike

[Harpa Timsah 13,258]

No, if you marry and file for AOS she will be stuck in the US for a while.

If you file for the K-1 she can continue to travel as normal (until the time in which she enters on the fiance visa and files AOS). For CR-1, she can travel while it is processing and also travel immediately after entering on the visa in the US.

[A'n'L 735]

Adjustment of status - no, she can't travel on the tourist visa any longer. She could apply for advance parole (takes 3 months-ish to obtain) to be able to travel outside the US. Until then, she would have to remain in the US.

K1/CR1 - she can travel on her tourist visa during processing. She might be scrutinized more at the border while entering the US (immigrant petitions pending show an intent to immigrate, but most people with a good visiting track record are able to continue visiting).

[Boiler 46,108]

Once she has AP she can travel.