I can't find an answer to this regarding the K1 visa anywhere

[nj5b 2]

In a nutshell, my fiance is living with me and her b2 visa expires in April 2018.  I'm filling out the paperwork and for her mailing address (question 11.a-11.i) I'm wondering if she can have her interview in the states since she's already here.  If that's the case then I would put down my address.  However, I can't verify that it's possible for the fiance to have their interview here.  Can anyone provide any insight to this dilemma I'm having? 

 

Thanks in advance.

[Scandi 4,186]

The K-1 visa is only for entry, and she's already in the US.

 

Get married and file for i-130+AOS instead.

[Sunnyland 639]

22 minutes ago, nj5b said:

In a nutshell, my fiance is living with me and her b2 visa expires in April 2018.  I'm filling out the paperwork and for her mailing address (question 11.a-11.i) I'm wondering if she can have her interview in the states since she's already here.  If that's the case then I would put down my address.  However, I can't verify that it's possible for the fiance to have their interview here.  Can anyone provide any insight to this dilemma I'm having? 

 

Thanks in advance.

 

You said your fiance is living with you? She is living with you on a tourist visa?

[T_P 872]

27 minutes ago, nj5b said:

In a nutshell, my fiance is living with me and her b2 visa expires in April 2018.  I'm filling out the paperwork and for her mailing address (question 11.a-11.i) I'm wondering if she can have her interview in the states since she's already here.  If that's the case then I would put down my address.  However, I can't verify that it's possible for the fiance to have their interview here.  Can anyone provide any insight to this dilemma I'm having? 

 

Thanks in advance.

Anyways....my understanding is that she still doesnt have the K1 VISA. In that case if you guys are persuing the K1, she would have to go back to her country and attend the interview. One option though is, you guys can get married in States and go for the CR1 visa instead, that way you dont need to spend time apart. Note that these are two different situations.

[usmsbow 802]

27 minutes ago, Scandi said:

The K-1 visa is only for entry, and she's already in the US.

 

Get married and file for i-130+AOS instead.

 

Yup!

 

1 minute ago, T_P said:

Anyways....my understanding is that she still doesnt have the K1 VISA. In that case if you guys are persuing the K1, she would have to go back to her country and attend the interview. One option though is, you guys can get married in States and go for the CR1 visa instead, that way you dont need to spend time apart. Note that these are two different situations.

 

Going for a CR1 visa would lead to the same issues as the K-1, and keep them apart for even longer. 

[JFH 12,191]

19 hours ago, T_P said:

One option though is, you guys can get married in States and go for the CR1 visa instead, that way you dont need to spend time apart. Note that these are two different situations.

Correction - you are thinking of AOS as the girlfriend is already here. A CR-1 visa is for someone overseas to come to the USA as an immigrant. People who are already here don't need visas. They can adjust status, however. 

 

OP, if she is intending to go home at the end of her authorized stay then you should use her overseas address. Technically on a B-2 she is not living with you, she is visiting. In order to satisfy CBP upon arrival that she was a bona fide visitor she must maintain ties to her home land and have a home to return to at the end of her visit. You are opening a huge can of worms with immigration officials if you use the term "living" when referring to someone here on a non-immigrant status. 

 

However, you might want to consider adjustment of status. She won't be able to return home for many months to take care of those strong ties she went to great lengths to demonstrate when she applied for the B-2. But if she can cope with not going back for some time then marry here and apply for adjustment of status. 

Edited November 19, 2017 by JFH

[nj5b 2]

10 hours ago, JFH said:

OP, if she is intending to go home at the end of her authorized stay then you should use her overseas address. Technically on a B-2 she is not living with you, she is visiting. In order to satisfy CBP upon arrival that she was a bona fide visitor she must maintain ties to her home land and have a home to return to at the end of her visit. You are opening a huge can of worms with immigration officials if you use the term "living" when referring to someone here on a non-immigrant status. 

 

However, you might want to consider adjustment of status. She won't be able to return home for many months to take care of those strong ties she went to great lengths to demonstrate when she applied for the B-2. But if she can cope with not going back for some time then marry here and apply for adjustment of status. 

 

This advice seems to be the most sensible. And I should reword our situation as she is "staying with me" while on her b2 visa. She still has her own house back home.

 

Moving further along with this suggestion, I believe that an AOS should be initiated before marriage?   And once the AOS is submitted she should not leave the US? 

 

Thank you, JFH

[aleful 1,905]

hi

 

nope, adjustment of status is filed once you are married not before