Probably CR-1, but want opinions

[Dusto 0]

 

Does the fact that my fiance already has had a 10 year tourist visa matter or mean anything if we're choosing to live in the US?  From what I read, it's probably the best route to get married abroad, and fill out the forms for the CR-1 ASAP.  Am I correct?  

[pushbrk 13,260]

Having a tourist visa means she can probably still visit after you are married and while you are going through the CR1 visa process.  She will still need to live by the terms of her visa and each entry is, as always, a separate decision.   There's a pinned thread at the top of this forum will all the information you need about visiting during the process.

[Dusto 0]

And then is it really necessary to go abroad to get married or is it considered fraud if we get married while she visits in the summer? I mean I could fly out tomorrow and get married if I really wanted to do that.   

[Unshakable Faith 493]

If she enters the US with the intent to marry you and adjust status to stay, it is considered visa fraud.

 

It is not considered fraud if she plans to come over and the summer and marry you and then return home to continue the process of a spousal Visa.

 

You could either file for a K-1 visa for her to come over and marry you in the United States or you could travel to her country or a third-party country and marry and file for the spousal Visa.

Edited May 10, 2018 by Unshakable Faith

[pushbrk 13,260]

No special visa is needed for marriage.  The K-1 fiancee visa is for marriage with the intention of staying in the US after marriage and applying for residency.  Many people cannot get a visa to visit the US, so marriage while visiting is not an option for them.

 

Married is married.  Marry when and where you want.  Then, follow the immigration path applicable to your circumstances.