US citizen looking to help immigrate girlfriend

[16bitify 0]

Hello community. I have a couple of questions about the US Fiancee visa. I am a US citizen who wants to marry a Chinese national. I have been with my girlfriend for about two years and we have been planning to get married next year. Since 2015, I have gotten my Chinese tourist visa so I can visit my girlfriend in China. I have visited my girlfriend four times since our relationship started. Since April, my girlfriend has been approved for the US tourist (B1/B2) visa. She has visited me in Los Angeles this October. 

 

My girlfriend has a job in China and I have two jobs in the US. My questions are:

What would be the best way for her to get permanent residence in the US, marriage with the tourist visa or apply for the K1 visa for her? If I need to apply for the K1 visa, is 1 year of work required to apply for it? Also, if my girlfriend’s K1 visa gets denied, does that mean that her B1 visa becomes expired or can she still come in to the US with her existing B1 visa?

 

I am looking forward to getting a response soon. Any response will be greatly appreciated. Thanks.

[geowrian 22,338]

1 hour ago, 16bitify said:

What would be the best way for her to get permanent residence in the US, marriage with the tourist visa or apply for the K1 visa for her? If I need to apply for the K1 visa, is 1 year of work required to apply for it? Also, if my girlfriend’s K1 visa gets denied, does that mean that her B1 visa becomes expired or can she still come in to the US with her existing B1 visa?

Marrying on a tourist visa is fine, but she would need to return abroad still. ETA: 12-14 months for a CR-1 visa.

It is immigration fraud to enter the US on a tourist visa with the intent to stay / adjust status. Entering to marry is fine, but not marrying then staying.

 

You can file for a K-1 visa. ETA: ~7-9 months currently. You would then marry in the US within 90 days of entry, then file for AOS to get a green card. You can't work or travel abroad and return for ~4 months after filing for AOS (after marriage).

I would suggest marrying then doing the CR-1 visa route since she can already visit you during the process.

 

If denied a K-1 (is there a reason you think it will be denied...?) visa, technically she can still use a B-2 (B-1 is for business use) to visit you, but it's pretty likely she would be denied entry due to having immigrant intent (not allowed on a tourist visa, as noted above).

 

CR-1 Guide: http://www.visajourney.com/content/i130guide1

 

Edit: (Re: Work)

You need to meet the requirements to sponsor your fiancee (or wife for a CR-1) via current income and/or assets. This is via the I-134 for a K-1 or I-864 for a CR-1 (or AOS after K-1). You can use a joint sponsor if necessary.

 

Edit 2: If you live abroad, then your income probably won't qualify to sponsor her since it must continue from the same source upon return to the US. Also, you must show either US domicile (different than residence!) or sufficient intent to establish US domicile.

Edited December 3, 2017 by geowrian

[GreatDane 366]

1 hour ago, 16bitify said:

Hello community. I have a couple of questions about the US Fiancee visa. I am a US citizen who wants to marry a Chinese national. I have been with my girlfriend for about two years and we have been planning to get married next year. Since 2015, I have gotten my Chinese tourist visa so I can visit my girlfriend in China. I have visited my girlfriend four times since our relationship started. Since April, my girlfriend has been approved for the US tourist (B1/B2) visa. She has visited me in Los Angeles this October. 

 

My girlfriend has a job in China and I have two jobs in the US. My questions are:

What would be the best way for her to get permanent residence in the US, marriage with the tourist visa or apply for the K1 visa for her? If I need to apply for the K1 visa, is 1 year of work required to apply for it? Also, if my girlfriend’s K1 visa gets denied, does that mean that her B1 visa becomes expired or can she still come in to the US with her existing B1 visa?

 

I am looking forward to getting a response soon. Any response will be greatly appreciated. Thanks.

The options available for you are a CR1 visa after you marry (takes 12-14 months where you're apart) but she can move over an immediately work, etc. or a K1 visa where you marry in the US and she waits 4 months or so until she can work/travel. She cannot come to the US to marry you with the intention of staying and adjusting status - that would be fraud. If her K1 gets denied, she will still have a B1 visa but they might be more suspicious at port of entry that she intends to stay. She would want to show strong ties to China just to be sure. But I wouldn't think worst case scenario. 

[16bitify 0]

Thanks you two for your helpful answers. I have been discussing our options with my girlfriend for quite some time and we have decided to go for the K1 visa route. Since she has only visited me once here in the US with the B2 visa, is it ok to go apply for the K1 visa now? Or should she visit me for the second time with the B2 visa and then apply for it once she leaves?

[K&N2609 69]

12 hours ago, 16bitify said:

Thanks you two for your helpful answers. I have been discussing our options with my girlfriend for quite some time and we have decided to go for the K1 visa route. Since she has only visited me once here in the US with the B2 visa, is it ok to go apply for the K1 visa now? Or should she visit me for the second time with the B2 visa and then apply for it once she leaves?

It sounds like you are probably good to just file for the k1. Yeah she only visited you once but you have visited her 4 times already, so thats a great case. Just try and keep evidence like plane tickets, receipts, photos and chat/call logs. I visited my fiance 3 times and we just got apporved today, so you should be good.

[Pat&Ana 14]

Check the timing of the B2 visa as well.  If that thing is about to expire, I'd renew that so you can continue to have her visit.  There's a chance that if you apply for the K1, and she tries for the B1/B2, she may be denied and it may reflect poorly.  Someone may think that she, once the K1 is underway, try to come to the US and overstay that visa!

 

Count yourself lucky though, with the price of airfare to mainland China, and direct flights out of LAX, you're in a much better position than many that you can visit and spend time with your SO. 

 

One visit is enough to start the K1 paperwork, you have more than that!