Starting K1 process while fiance is visiting USA on B2 visa

[FluffyBalls 52]

My girlfriend is currently visiting me in the USA on a B2 visa. I'm thinking of proposing in December and immediately starting the K1 process.

 

I can't seem to get a clear answer on one question: when would be the earliest (approximate guess is fine) she would need to return to her home country (China) to take her part in the K1 process, if I petition in, say, mid-December?

 

Our plan would be to file for the K1 visa while she is in the USA, have her continue to stay as long as possible (she can stay until early May I think) and then only come back to the USA once she gets the K1 visa. Intermediate visits would be to exhausting, and somewhat risky, for her, although I could fly to see her once.

[EandH0904 1,184]

I think it sounds like you have a really good plan. Currently k1 processing times are about 6 months ish so her going in May would be perfect timing, hopefully she won't be there longer than 4-6 months before she's on her way back for good.  

[Lina91x 0]

Im not an expert by any means but since shes already in the USA, couldnt you get married now and just file for AOS? Then it would require no time apart while processing because she is required to remain in America while awaiting approval or denial (even if her b2 runs out before getting an answer)

[FluffyBalls 52]

51 minutes ago, Lina91x said:

Im not an expert by any means but since shes already in the USA, couldnt you get married now and just file for AOS? Then it would require no time apart while processing because she is required to remain in America while awaiting approval or denial (even if her b2 runs out before getting an answer)

We were thinking that, but it seems it's getting riskier and riskier to go down that path, although we do plan to consult with an immigration attorney about this.

 

She'd need to go back anyways sometime in 2018 for 1-2 months to pack up all her things and bring them over, tie up loose ends, sell her car etc. before coming to the USA for good.

[Lina91x 0]

44 minutes ago, FluffyBalls said:

We were thinking that, but it seems it's getting riskier and riskier to go down that path, although we do plan to consult with an immigration attorney about this.

 

She'd need to go back anyways sometime in 2018 for 1-2 months to pack up all her things and bring them over, tie up loose ends, sell her car etc. before coming to the USA for good.

I believe as long as its a legitimate marriage with proof of that there isnt much risk as it was not intentional on entry. Again, not an expert lol. But once AOS was filed with EAD and AP she would be able to travel back for her things wouldnt she? 

[FluffyBalls 52]

13 hours ago, Lina91x said:

I believe as long as its a legitimate marriage with proof of that there isnt much risk as it was not intentional on entry. Again, not an expert lol. But once AOS was filed with EAD and AP she would be able to travel back for her things wouldnt she? 

 

This would be the ideal solution. The marriage would be in good faith, but proving that she didn't have the intention to marry when coming is what worries me. Just recently the government passed new rules clamping down on AOS. I'm going to check with an immigration attorney or two on this. But I guess it's good to know that we can start the K1 process while she's here with me. 

[Peot 161]

I would advise against the above suggestion to just get married and overstay on the visa. The entire point of the K1 visa is to allow families to live together while adjusting status.

 

The CR1 and IR1 visas for marriage the foreign spouse must remain overseas while waiting for the visa to process. I'm not even sure it would be approved if you were truthful on the forms.

 

Speaking of which, you're absolutely right... visiting on a tourist visa and getting married is usually pretty sketchy. Expect to be grilled.

[FluffyBalls 52]

8 minutes ago, Peot said:

I would advise against the above suggestion to just get married and overstay on the visa. The entire point of the K1 visa is to allow families to live together while adjusting status.

 

The CR1 and IR1 visas for marriage the foreign spouse must remain overseas while waiting for the visa to process. I'm not even sure it would be approved if you were truthful on the forms.

 

Speaking of which, you're absolutely right... visiting on a tourist visa and getting married is usually pretty sketchy. Expect to be grilled.

But starting either the K1 or CR1 process while the spouse is still in the USA, having her leave before her 180 days on the B2 are up, and staying abroad until being granted either the appropriate (immigrant) visa are okay, right?

[Peot 161]

3 minutes ago, FluffyBalls said:

But starting either the K1 or CR1 process while the spouse is still in the USA, having her leave before her 180 days on the B2 are up, and staying abroad until being granted either the appropriate (immigrant) visa are okay, right?

Absolutely!