My fiancé has a tourist visa and I want to file for her to move to the US

[FindHerKeepHer 244]

Where do I start?

[Strumf 13]

If she has a tourist visa already and she is in US, go get married. She needs to carry marriage certificate with her anywhere she goes in case they stop her. Then file for Green Card on the basis of the marriage. You have better chances if you are a citizen.

If she is not in US, the safest way would be to file petition I-129F and go through the process. Seems to be safer option but it could take up to 6 months before she get the fiance visa.

In either case you will need to prove that you have a true relationship and evidence that your have met physically in the last two years of filing the petition.

[geowrian 22,337]

Good luck to you and your fiance!

First, the tourist visa is a non-immigrant visa, so it doesn't really have any bearing. It cannot legally be used for the purpose of gaining residency in the US. That said. there are many ways to approach this.

One option is the K1 process using the I-129F form. This lets her get a K1 visa valid for 6 months and with a 90 day duration. This visa let you two get married in the US. After the wedding, you can file for AOS (I-485) to get a green card, which can take roughly a year or so. In the meantime, she must stay in the US (or get AP to leave, which takes months). This process (K1) generally takes around 6 months, but can take a little less or a lot more depending on various factors. This is the process I took and would generally recommend.

Another option is to get married overseas, then file an I-130 for CR-1/IR-1 (depending on the length of marriage). This generally takes longer than the K1 process, but does grant residency upon approval, with a green card coming "soon" (in immigration terms) afterwards.

Edited December 22, 2016 by geowrian

[Ontarkie 14,231]

~~Moved to What Visa Do I Need, from Moving Here and Your New Life - As the OP is just starting to figure out the different visas.~~

[NikLR 13,227]

It depends greatly on WHERE she is at this moment. Is she in the USA right now?

[FindHerKeepHer 244]

It depends greatly on WHERE she is at this moment. Is she in the USA right now?

 

She lives in Trinidad and I live in the US.
If we get married on one of her visits... and I begin the paperwork is she required to stay in the US until approval?
she will be here for Christmas, then I'm going to her in January and then we see each other again when she comes in April.

 

Is her tourist visa taken away at any point for any reason during the process? (Expires 2021)

 

Plzzz help.

Good luck to you and your fiance!

First, the tourist visa is a non-immigrant visa, so it doesn't really have any bearing. It cannot legally be used for the purpose of gaining residency in the US. That said. there are many ways to approach this.

One option is the K1 process using the I-129F form. This lets her get a K1 visa valid for 6 months and with a 90 day duration. This visa let you two get married in the US. After the wedding, you can file for AOS (I-485) to get a green card, which can take roughly a year or so. In the meantime, she must stay in the US (or get AP to leave, which takes months). This process (K1) generally takes around 6 months, but can take a little less or a lot more depending on various factors. This is the process I took and would generally recommend.

Another option is to get married overseas, then file an I-130 for CR-1/IR-1 (depending on the length of marriage). This generally takes longer than the K1 process, but does grant residency upon approval, with a green card coming "soon" (in immigration terms) afterwards.

 

Thank youuuuu!

 

The k1 process took how long for you to receive the necessary approval to apply for jobs? And will her tourist visa be taken away when the k1 visa is provided?

 

You said after filing the aos it takes a year... is it that she can't work for that year / leave the country? Wow ... what did u do with all that time? ?

 

And is it that with the spousal visa she is not required to be in the US while I file for her?

 

Thanks in advance guys for all the help

Edited December 23, 2016 by Ryan H

[geowrian 22,337]

She lives in Trinidad and I live in the US.

If we get married on one of her visits... and I begin the paperwork is she required to stay in the US until approval?

she will be here for Christmas, then I'm going to her in January and then we see each other again when she comes in April.

Is her tourist visa taken away at any point for any reason during the process? (Expires 2021)

Plzzz help.

Do you mean that if she uses the tourist visa to enter the US and then you get married while she's here? If you do so and she does not return home, then that's visa fraud. Again, a tourist visa is a non-immigrant visa. Using it for the purpose of immigration (to get her in the country to file for AOS) is not permitted.

If she did return home, you could still visit her while waiting for the I-130 to finish. It's possible she could visit you again using another tourist visa, albeit it would likely be scrutinized at the POE since there is an active immigrant visa being pursued. The concern being she would enter with the B1 and then just stay.

If you don't get married and then file the I-129, once the K1 visa is issued, the tourist visa should not be used anymore. It likely won't be accepted at the POE since there is the active K1 visa. She can enter on the K1 visa, but she must get married within 90 days of entry using that visa. Once married, you must file for AOS. However, she cannot leave the country once you do so (without AP (advanced parole)) as it is an abandonment of the application. Yes, it's annoying that there are these "gaps" in the processes, but it's just something we all have to deal with. It's worth it in the end.

[geowrian 22,337]

Thank youuuuu!

The k1 process took how long for you to receive the necessary approval to apply for jobs? And will her tourist visa be taken away when the k1 visa is provided?

You said after filing the aos it takes a year... is it that she can't work for that year / leave the country? Wow ... what did u do with all that time? ?

And is it that with the spousal visa she is not required to be in the US while I file for her?

Thanks in advance guys for all the help

Well, I'm still working on getting my K1 actually. But the K1 visa generally takes roughly 6 months to obtain. It's good for 6 months and provides 90 days to get married once in the US. So plan accordingly. Her tourist visa likely won't be "taken away", but she won't be able to use it. She will likely be scrutinized at POE if there is an active K1 application in the works, and it should not longer be used once the K1 is obtained. As I noted before, once married, you can file AOS to get her a green card, and EAD for the ability to work in the US. She cannot leave the country whiel waiting for those applications to finish, except by approved AP. AP takes roughly 3 months (sometimes 2, sometimes 4) to obtain based on what I've seen. I would just plan to not have to leave the US for a year after marriage, and deal with AP only if necessary.

AOS takes roughly a year. Some people have seen it faster, some have taken 18 months, and a few have had it take longer (usually due to RFEs or other complicating circumstances). She cannot leave the US (w/o AP) during this period as it is viewed as an abandonment of the AOS application. She cannot work until you file and obtain EAD. This takes roughly 3 months to obtain. Technically, she can file for this when entering the country with the K1, but she would need to re-file for it after marriage. Given that the K1 is only valid for a 90 day duration and EAD takes close to 90 days to get...it's kinda pointless. Just wait until after the marriage and file for EAD. It sucks that she can't work and begin your "full" married life right away, but it will give her time to adjust to a new life in front of her. As for me, I'm still waiting for my K1 to be approved...I know it's going to be annoying when she arrives and cannot do everything yet, but it's worth it to be with her. We will support each other.

Both I-129F (K1) and I-130 (CR-1/IR-1) are visas. As such, they are used to obtain the necessary permission to enter the US for immigration purposes. Generally, you would apply while they are not in the US, but I don't believe that's a strict requirement. Maybe somebody else here can chime in...?

Good luck!

[SMAlexander 7]

I suggest you guys get married and apply for the I-130 the wait is longer but its worth it in my opinion....

[Dashinka 24,514]

As others have stated it looks like you have two options, K1 (fiancé visa) or CR1 (spousal visa). Since she is not in the US now, she should not use the B1 to enter for the purposes of getting married unless you can prove beyond any boarder officer's doubt that she is not going to stay after the marriage. Personally, I liked the K1 since it was faster, but in the long run it does cost more.

Good Luck!

[NikLR 13,227]

Well, I'm still working on getting my K1 actually. But the K1 visa generally takes roughly 6 months to obtain. It's good for 6 months and provides 90 days to get married once in the US. So plan accordingly. Her tourist visa likely won't be "taken away", but she won't be able to use it. She will likely be scrutinized at POE if there is an active K1 application in the works, and it should not longer be used once the K1 is obtained. As I noted before, once married, you can file AOS to get her a green card, and EAD for the ability to work in the US. She cannot leave the country whiel waiting for those applications to finish, except by approved AP. AP takes roughly 3 months (sometimes 2, sometimes 4) to obtain based on what I've seen. I would just plan to not have to leave the US for a year after marriage, and deal with AP only if necessary.

AOS takes roughly a year. Some people have seen it faster, some have taken 18 months, and a few have had it take longer (usually due to RFEs or other complicating circumstances). She cannot leave the US (w/o AP) during this period as it is viewed as an abandonment of the AOS application. She cannot work until you file and obtain EAD. This takes roughly 3 months to obtain. Technically, she can file for this when entering the country with the K1, but she would need to re-file for it after marriage. Given that the K1 is only valid for a 90 day duration and EAD takes close to 90 days to get...it's kinda pointless. Just wait until after the marriage and file for EAD. It sucks that she can't work and begin your "full" married life right away, but it will give her time to adjust to a new life in front of her. As for me, I'm still waiting for my K1 to be approved...I know it's going to be annoying when she arrives and cannot do everything yet, but it's worth it to be with her. We will support each other.

Both I-129F (K1) and I-130 (CR-1/IR-1) are visas. As such, they are used to obtain the necessary permission to enter the US for immigration purposes. Generally, you would apply while they are not in the US, but I don't believe that's a strict requirement. Maybe somebody else here can chime in...?

Good luck!

The I-129F and the I-130 are petitions. An approved petition from a USC or LPR makes it so their family member(s) or fiancé(e)* can apply for a visa. [note* only USC can petition for a fiancé(e)]

If applying for a spouse, child, or parent who is already in the USA (and did not arrive via K1 visa) then the I-130 needs to be sent with the I-485.

---

OP:

As stated she cannot intend to stay in the USA with a tourist visa. It's called visa fraud. If you wish to marry and then start the visa process, you can do so. You can marry in any country in which you are allowed to do so as well. Or you can go the K1 route and only marry in the USA and adjust status afterward.

Personally I prefer the CR1 visa. It takes longer to obtain but has many benefits, such as being a green card holder upon entry. Which means you can travel and work immediately. It's also much cheaper, especially now that the I-129F cost is the same as the I-130! The K1 was taken off our radar immediately because of the wait for AP, but I have family in Canada that I needed to be able to travel for on a moment's notice. Everyone's situation is different and you should evaluate your needs as a couple to come to a decision on what type of visa to chase.

Edited December 24, 2016 by NikLR

[NikLR 13,227]

She lives in Trinidad and I live in the US.

If we get married on one of her visits... and I begin the paperwork is she required to stay in the US until approval? (no and she can't visit the USA with intent to stay without an immigrant or K1 visa)

she will be here for Christmas, then I'm going to her in January and then we see each other again when she comes in April.

Is her tourist visa taken away at any point for any reason during the process? (Expires 2021) (if they think she has intent to stay when visiting they can cancel her visa, yes.)

Plzzz help.

Thank youuuuu!

The k1 process took how long for you to receive the necessary approval to apply for jobs? And will her tourist visa be taken away when the k1 visa is provided? (90 days after AOS is filed generally. And yes.)

You said after filing the aos it takes a year... is it that she can't work for that year / leave the country? Wow ... what did u do with all that time? ? (no you file for work authorization and a travel document concurrently with the adjustment of status, and those normally take about 90 days. )

And is it that with the spousal visa she is not required to be in the US while I file for her? (no, a spousal visa (IR1/CR1 or K3) is for immigrating. You are thinking of the adjustment of status.)

Thanks in advance guys for all the help

answers in red and bold

[sajan953 4]

The tourist visa means nothing in your situation, except that she can continue to visit you. 

Regardless of the tourist visa, she cannot go to America on a tourist visa with the intent to file for immigration.