K1 visa on a tourist visa

[rgfox 10]

Apologies if this question has already been addressed. My girlfriend is here on a tourist visa which she applied for before we met. Although she was granted the visa after we had already met if that matters. And no, she didn't lie to the consulate officer when interviewed, she wasn't even asked the question of a boyfriend actually.  I visited her in Peru in September, met her family, had a great time. So now she has visited a couple of times here in DC and we want to get married. I think we're eligible to file a K1 petition... do I have to file it while she is in Peru? Or can it be while she is here? Or does it matter?

 

Thanks in advance,

Richard

[powerpuff 6,707]

Unless for some reason your fiancé has a pressing need to return to Peru (job, unfinished things to get done etc.), I would get married in the US and apply for adjustment of status. 

[Crazy Cat 41,888]

25 minutes ago, rgfox said:

Apologies if this question has already been addressed. My girlfriend is here on a tourist visa which she applied for before we met. Although she was granted the visa after we had already met if that matters. And no, she didn't lie to the consulate officer when interviewed, she wasn't even asked the question of a boyfriend actually.  I visited her in Peru in September, met her family, had a great time. So now she has visited a couple of times here in DC and we want to get married. I think we're eligible to file a K1 petition... do I have to file it while she is in Peru? Or can it be while she is here? Or does it matter?

 

Thanks in advance,

Richard

You can file a K-1 at any time before marriage.  She would have to return to home country.

You can marry, then start the spousal visa process.  She would have to return to home country.

You can marry, and she can file for Adjustment of Status using the guide below.  Once she files a proper I-485, she will be granted authorized stay in the US until the I-485 is either approved or denied.  Be aware that she cannot work or leave the US for 6-8 months.

 

 

Edited October 25, 2021 by Crazy Cat

[arken 4,197]

1 hour ago, Meganthompson756 said:

The US bride visa K1 is issued in several stages

Neglecting grooms seems to be too biased in today's woke society.

[Crazy Cat 41,888]

Silly me.  I call it a FIANCE visa.

[SusieQQQ 11,586]

21 hours ago, powerpuff said:

Unless for some reason your fiancé has a pressing need to return to Peru (job, unfinished things to get done etc.), I would get married in the US and apply for adjustment of status. 

This. Why would you bother spending money, and more importantly time, for a process that’s just going to get you exactly where you are today but having waited a year or more to get there?