GF applied for tourist visa before we met - best strategy?

[rgfox 10]

Hi,

 

First, I realize this is a community of non-professionals and I should consult an immigration attorney. That being said, there is a lot of knowledge and experience here and so I want to throw this out to you all. My GF (call her Maria) and I met 6 months or so ago online. She had already applied for a tourist visa to visit the US. Her daughter is a US citizen and so is her daughter's husband. They just had a baby too.

 

Now I enter the picture. I have been to visit Maria last week, and we've had many zoom calls, and we dig eachother a lot. As I said, she applied for a tourist visa long before we met. Maria has an interview for that visa coming up in October at the US Embassy in her country. So it is not fraud for her to go to that interview and try to get the tourist visa. 

 

We do want to get married tho. Questions is, what is the best strategy? Cancel the tourist visa and apply for a K-1? Wait and if she gets the tourist visa, spend more time together getting to know eachother more and more, and get married after 90 days on the tourist visa and apply for a change of status?

 

I'm trying to obey the rules and still get the result, which is to be married and Maria live in the US with me.

 

Thanks, folks, appreciate your feedback.

 

PS I'm a US citizen, born and raised.

Edited September 24, 2021 by rgfox
additional info

[SteveInBostonI130 3,412]

13 minutes ago, rgfox said:

Wait and if she gets the tourist visa, spend more time together getting to know eachother more and more, and get married after 90 days on the tourist visa and apply for a change of status?

 

This is fraud.  Do not do this.

 

14 minutes ago, rgfox said:

Hi,

 

First, I realize this is a community of non-professionals and I should consult an immigration attorney. That being said, there is a lot of knowledge and experience here and so I want to throw this out to you all. My GF (call her Maria) and I met 6 months or so ago online. She had already applied for a tourist visa to visit the US. Her daughter is a US citizen and so is her daughter's husband. They just had a baby too.

 

Now I enter the picture. I have been to visit Maria last week, and we've had many zoom calls, and we dig eachother a lot. As I said, she applied for a tourist visa long before we met. Maria has an interview for that visa coming up in October at the US Embassy in her country. So it is not fraud for her to go to that interview and try to get the tourist visa. 

 

We do want to get married tho. Questions is, what is the best strategy? Cancel the tourist visa and apply for a K-1?

 

It is perfectly fine to apply for, obtain, and visit you in the US while the K1 visa is in process.  They are not mutually exclusive.  She has to be honest to CBP when entering, stating that she is visiting her daughter and grandchild and/or visiting her boyfriend.

 

Or she can visit, spend some time with you, and marry.  Then return to her home country while you submit the I-130 and the two of you go through the spouse visa process.  She can keep visiting you with her tourist visa while you wait for your case to be approved, at the discretion of CBP.  It should not be an issue as long as her visits are just visits and she has strong ties to her home country (job, house, etc.)

 

 

[rgfox 10]

6 minutes ago, SteveInBostonI130 said:

 

 

Or she can visit, spend some time with you, and marry.  

 

 

Interesting. So she can get her tourist visa in October (assuming they say yes), and we apply for a K-1 visa while her tourist visa is active? Or better to cancel the application for tourist visa and apply for K-1. 

[SteveInBostonI130 3,412]

1 minute ago, rgfox said:

Interesting. So she can get her tourist visa in October (assuming they say yes), and we apply for a K-1 visa while her tourist visa is active? Or better to cancel the application for tourist visa and apply for K-1. 

You can apply for either K1 or CR1 while she has her tourist visa.  For CR1 you would need to be married.

 

EDIT:  I would NOT cancel the tourist visa.  I assume she applied to be able to visit her daugher and family soon.  If you cancel that, then it will be about a year+ before she has a chance to visit.  Also, if things do not work out between you, and you do not get married when she arrives with the K1, she has to return.  K1 is a single entry only visa.  A tourist visa allows to multiple entries and she can use it for several years to visit her family every now and then.  Again, having a tourist visa does not affect the K1 or CR1 in any way.  

 

That is, as long as she was truthful in her application for the tourist visa.  If she lied on her application and the tourist visa is denied due to misrepresentation, that will affect any future visa applications.

Edited September 24, 2021 by SteveInBostonI130
Added Information

[Just Paul 4,595]

Often time Maria's nationality will come into question when being interviewed.  Hopefully she has strong ties to her home country.  She needs to be able to disprove she intends to immigrate to the US.  Having a daughter/ grand daughter in the US can be a challenge as is having a boyfriend in the US.  She should answer all questions honestly but still not provide answers to questions not asked.

[SusieQQQ 11,586]

Just let her come on a tourist visa, spend more time together, see how it goes. Don’t cancel it, don’t plan on adjusting, you have some luxury of time to get to know each other better without rushing into anything. If it works out like you hope, then make a decision about what to do at that time.