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k1visaissue

K1 visa for gf with visitor visa

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Filed: Country: India
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My girl friend has been US for over 3 years earlier and maintained a good status on the following visas:

1. H4 visa (got divorced later)

2. F1 visa

3. crew visa (works for an airline)

4. Visitor visa (visited me 3 times in the last 5 months)

I want to get married to her and would like to know if we need to go through the K1 visa process. Or, should we just have her visit on a visitor visa and get married and file for an AOS? Thanks in advance!

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Filed: Other Country: China
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My girl friend has been US for over 3 years earlier and maintained a good status on the following visas:

1. H4 visa (got divorced later)

2. F1 visa

3. crew visa (works for an airline)

4. Visitor visa (visited me 3 times in the last 5 months)

I want to get married to her and would like to know if we need to go through the K1 visa process. Or, should we just have her visit on a visitor visa and get married and file for an AOS? Thanks in advance!

This is going to sound like semantics and splitting hairs but it is required for clarity. If not before, you have just now declared your intention to marry. Unless this is going to be a surprise, spur of the moment thing she doesn't know about yet, (at the time she next enters or now if she already has) then the answer is no. She could enter with the intention of marriage but not with the intention to both marry and immigrate.

On the other hand, if she enters on a crew visa and her boyfriend pops the question and they marry on the spur of the moment, sure, file for AOS and live happily ever after.

What I cannot address with any confidence is how such an action would impact her ability to continue to travel as a crew member, but I suspect there's a method in place to deal with it because it would be fairly common.

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On the other hand, if she enters on a crew visa and her boyfriend pops the question and they marry on the spur of the moment, sure, file for AOS and live happily ever after.

you cannot file for AOS directly from a C1/D visa (crewman's)

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