Advice Needed: Marrying Girlfriend on a Tourist Visa

[MrAmit 2]

17 minutes ago, OldUser said:

Rejection is mostly in your control. Petitions get rejected when you don't provide enough evidence, if you use incorrect forms or include incorrect payment.

 

Denial is different, and not everything is in your control. Chances of denial are relatively low as long as you can prove relationship is genuine. 

K-1 overall takes longer (if you count until GC is in hand) and is more expensive route.

 

 

Thanks for the info. If I register my marriage in India and then apply for spouse visa, you think the change of that getting denied is much lower than k1 visa? Or is it the same? 

[Edward and Jaycel 313]

5 minutes ago, MrAmit said:

Thanks for the info. If I register my marriage in India and then apply for spouse visa, you think the change of that getting denied is much lower than k1 visa? Or is it the same? 

 

A K-1 is easier for a consular officer to deny because technically it is a non-immigrant visa for someone who is not an immediate relative of a US Citizen. If a CO denies an IR1/CR1 visa they have more paperwork to do as to why they denied it 

[Cathi 5,775]

Entering the U.S. with a B1/B2 visa with the intent to marry, stay and adjust status is visa fraud and will result in a permanent ban.

[Ontarkie 14,325]

~~Moved to What Visa Do I need, from AOS from W, S & T Visas -as AOS is not an option for the OP~~

[SalishSea 17,988]

9 hours ago, MrAmit said:

Can she stay in the U.S. for six months on a tourist visa while I apply for a K-1 visa for her during that time? Would this cause any issues?

 

trying  to live in the US on a B visa is not recommended.

[EmilyW 1,487]

OP, I'm sensing you're trying to find short cuts / ways around the immigration system.  It won't work.  Immigration is a grind, no matter how you try and circumvent it.  My own journey (via the Diversity Lottery) was close to a three year timeframe.

 

Marry your girl wherever.  Apply for a spousal visa.  She can continue to use her Tourist Visa during the process, but I would not recommend six month trips as she is then effectively living here, not visiting.  A savvy Border official will see that she is misusing her visa and she may lose it.  Eventually, she gets her spousal visa with all the rights of a Lawful Permanent Resident (something the K1-ers don't have upon arrival), and you two get to be together, live your lives and have a blast together.

 

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Edited yesterday at 12:22 PM by EmilyW