Change of status on tourist visa when married in k1

[Afsjesse 1]

Hello. 

 

I have a unique situation I'd like to ask advice for.

 

My fiancé and I are getting married in September on a K1 visa in the US. After this, she will return to her country to wait for our child to get his cRBA and passport. It is our intention to stay in the US but I'm concerned about filing for a change of status when she reenters the US on her tourist visa. Will immigration look down on filing for this even though we got married on the K1 but filed for a green card on her tourist visa? Is this unique at all? 

 

The reason for not waiting to bring the child is that my job is abroad and I can only get married in September. My son was just born and because of the time it takes to get the birth certificate, the completion of his CRBA will run past the time in which we need to marry. 

 

Thanks for your help.

 

Jesse

Edited June 9, 2017 by Afsjesse

[Transborderwife 4,666]

She cannot enter with intention to adjust this plan will not work

[NigeriaorBust 4,087]

Her tourist visa will be cancelled when she gets the K1

[Jojo92122 1,924]

Your plan is a no-go.  Entering the US on the tourist visa with the intent to adjust status is immigration fraud.

 

The K1 is a one time entry visa.  People who get marry will stay and file to adjust status.  They can also file for AP.  AP takes 4 months to get.  With AP, she can leave and reenter the US.  If she leaves without AP, then she will not be able to come back until she gets a spousal visa which takes over a year to get.

[Unlockable 7,314]

You have to rethink your plan.

 

Once the K1 is issued her tourist visa will likely be cancelled because she has immigrant intend. So when she enters the US and get married to you she will have to Adjust Status. And when she adjusts she has to get Advanced Parole also if she plans on traveling out of the US.

[Ben&Zian 4,398]

Like everyone else here, tourist visa is canceled upon getting the K-1.

 

It is a one time entry. After marriage you need to do AOS. AP/EAD take 3-4 months to get before she could leave again technically.

 

If she left before AP then you would need to restart the whole process as a CR-1.

[Sunnyland 639]

Was her K1 visa approved already? I ask because you say you guys are gonna get married in September and then she will go back to her country. 

She can not leave U.S right after she enters with her K1 visa. She has to adjust status first and wait for her Advance Parole card to be approved at least. Otherwise all the process will be considered abandoned and will have to start all over again. 

Like others said the tourist visa will be no longer valid once k1 is approved.

[Cyberfx1024 7,980]

37 minutes ago, Afsjesse said:

Hello. 

 

I have a unique situation I'd like to ask advice for.

 

My fiancé and I are getting married in September on a K1 visa in the US. After this, she will return to her country to wait for our child to get his cRBA and passport. It is our intention to stay in the US but I'm concerned about filing for a change of status when she reenters the US on her tourist visa. Will immigration look down on filing for this even though we got married on the K1 but filed for a green card on her tourist visa? Is this unique at all? 

 

The reason for not waiting to bring the child is that my job is abroad and I can only get married in September. My son was just born and because of the time it takes to get the birth certificate, the completion of his CRBA will run past the time in which we need to marry. 

 

Thanks for your help.

 

Jesse

Do you guys already have the child? If so why not do the CRBA now or just wait until the CRBA is completed and then come? Once she gets the K1 visa in her passport then her tourist visa is null and void it is that simple. Have you talked to the USEM about how long the CRBA takes?

[Redheadguy03 505]

54 minutes ago, Afsjesse said:

Hello. 

 

I have a unique situation I'd like to ask advice for.

 

My fiancé and I are getting married in September on a K1 visa in the US. After this, she will return to her country to wait for our child to get his cRBA and passport. It is our intention to stay in the US but I'm concerned about filing for a change of status when she reenters the US on her tourist visa. Will immigration look down on filing for this even though we got married on the K1 but filed for a green card on her tourist visa? Is this unique at all? 

 

The reason for not waiting to bring the child is that my job is abroad and I can only get married in September. My son was just born and because of the time it takes to get the birth certificate, the completion of his CRBA will run past the time in which we need to marry. 

 

Thanks for your help.

 

Jesse

Oh, it's definitely unique. Unique and not legal and not possible. If you leave you will abandon your k1 and since you had a k1 they will consider you an intending immigrant. That will make it very difficult to get a tourist visa. Definitely rethink your plan, because it won't work.