Study English in US while waiting for K1

[Inquisitive One 0]

Here is our story and I hope someone can help us here.

I'm a US Citizen living in Dallas.

My Mexican financee and I were just about to mail in the paperwork for a K1 visa. But when her employer in Monterrey, Mexico found out that she was going to be moving to United States soon (like 6 months afterwards), they promptly found a replacement for her and told her that her last day will be September 15th. Which has created a hardship on her and her son right now. She has a B2 visa for herself and her son which she has used in the last year to visit me in Dallas and most recently a trip to Austin last weekend. She wants to start learning english. During her 2 week visit to Dallas this past summer I enrolled her in a 2 week english course. I found out that she could legally take no more than 15 non-credit hours a week of Continiuing Education at the local Community College here. She took that course just fine without any problems. Now with her current hardship I'm wanting her to take more courses at the same school since she no longer has employment during her wait. Also I think it would be best if while she was here taking classes that her son be enrolled in the public school near my house.

So my question is what is the best course of action to achieve this.

1.

Should I continue and mail in our packet for K1 application with the $500.

Then have her travel here again with her B2 visa and enroll her and her son in the classes during the wait for her interview at the Monterrey Consulate Office 6 months from now.

Can she travel back and forth with her B2 while awaiting K1 interview? Because I think legally she can only be here for 3 months at a time before having to reenter again each time on a B2.

or

2. Would it be easier for her and her son to come back here with their B2, we get married, apply for AOS and enroll her and her in son in the classes. I know this can be risky, but if it is the only thing can accomplish what I need then I willing to roll the dice. Also a co-worker told me this is what he and his Brazillian wife did and they only had to pay $1000 AOS and no need to pay an additional $500 for the K1.

If I am assuming something wrong please tell me.

Thanks

[john_and_marlene 162]

2. Would it be easier for her and her son to come back here with their B2, we get married, apply for AOS and enroll her and her in son in the classes. I know this can be risky, but if it is the only thing can accomplish what I need then I willing to roll the dice. Also a co-worker told me this is what he and his Brazillian wife did and they only had to pay $1000 AOS and no need to pay an additional $500 for the K1.

If I am assuming something wrong please tell me.

Thanks

Using the B2 to enter the U.S. with the intention of staying and adjusting status is visa fraud.

[bszoom42 0]

I would ask this question of a qualified immigration attorney. They can best advise you how to proceed.

[Inquisitive One 0]

Thanks for the information.

It seems to me that doing AOS with a B2 is possible but could create a headache later and a possible risk of losing your $1000 fee. Any other people have success stories doing it this way?

Also anyone know if you can still travel freely with your B2 while awaiting the K1 interview?

Thanks

[kitkat1 5]

Thanks for the information.

It seems to me that doing AOS with a B2 is possible but could create a headache later and a possible risk of losing your $1000 fee. Any other people have success stories doing it this way?

Also anyone know if you can still travel freely with your B2 while awaiting the K1 interview?

Thanks

Her K1 interview will not be in Monterrey - Ciudad Juarez is the only consulate in Mexico that processes immigrant visas. Start by reading the Fiance Visa information on the Ciudad Juarez website. Also have a look at that Juarez thread in the Foreign Embassy Forum - everything you could possibly need to know is there.

AOS on a B2 is more than a headache - if she enters the US with the intention of marrying you she will be violating the terms of her visa. K1s exist for fiances to come to the US, marry and live. I would do it the right way. She may have issues at the border while traveling on a B2 - she needs to be prepared with a pile of evidence proving her ties to Mexico and her non-immigrant intent.

[pushbrk 12,542]

Thanks for the information.

It seems to me that doing AOS with a B2 is possible but could create a headache later and a possible risk of losing your $1000 fee. Any other people have success stories doing it this way?

Also anyone know if you can still travel freely with your B2 while awaiting the K1 interview?

Thanks

AOS on a B2 is more than a headache - if she enters the US with the intention of marrying you she will be violating the terms of her visa. K1s exist for fiances to come to the US, marry and live. I would do it the right way. She may have issues at the border while traveling on a B2 - she needs to be prepared with a pile of evidence proving her ties to Mexico and her non-immigrant intent.

Correction. It's ok to enter on the B2 and marry you. Marriage isn't the issue. Immigration is the issue. Entering on the B2 with the intent to stay and adjust status to permanent resident (immigrate) based on the marriage is not allowed.

Visiting may well be a problem, since she may find it difficult to show enough ties to Mexico to convince a CBP officer she will return. No job, is a big red flag.

[kitkat1 5]

Correction. It's ok to enter on the B2 and marry you. Marriage isn't the issue.

Since the OP made it clear that he is asking about entering the US on a B2 with intent to marry and remain in the US, it is an issue because he is talking about her STAYING in the US - not going home and filing for the correct visa.

Would it be easier for her and her son to come back here with their B2, we get married, apply for AOS and enroll her and her in son in the classes

[pushbrk 12,542]

Correction. It's ok to enter on the B2 and marry you. Marriage isn't the issue.

Since the OP made it clear that he is asking about entering the US on a B2 with intent to marry and remain in the US, it is an issue because he is talking about her STAYING in the US - not going home and filing for the correct visa.

Would it be easier for her and her son to come back here with their B2, we get married, apply for AOS and enroll her and her in son in the classes

It is AN issue but not the critical one. The critical issue is the intent to remain and apply for AOS based on the marriage. If the foreigner wants to enter on a B2, marry and go home to complete the visa process, no problem. I agree the OP's stated plan is no good. I'm just correcting an error in a single sentence, which taken alone, is not correct.