newbie with hopes

[imeetmoon 0]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

[pushbrk 12,898]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

You don't change to a K1 visa from any other visa. It is a separate process. In general, if she's already here, she doesn't need a visa. However, she cannot intentionally enter the US on a tourist visa with the intent to immigrate based on a marriage she's already planning to enter into.

If your proposal and mutual marriage decision occurs after she arrives, she can simply adjust status. Otherwise, you go through the K1 process as normal and she returns to Hong Kong for the visa interview (cannot overstay her granted time at entry) enter again using the K1 visa, then marry in the US. Or you can marry here first and go through on of the spouse visa processes. CR1 or K3.

I'm taking you at your word that you are contemplating marriage but have not yet proposed and become engaged. As long as that is still the case when she arrives, marriage and status adjustment remains a viable legal option. If you become engaged before her arrival, then she has immigrant intent and needs to go through the appropriate visa process. You've got some time to figure this all out. She's still married after all.

[imeetmoon 0]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

You don't change to a K1 visa from any other visa. It is a separate process. In general, if she's already here, she doesn't need a visa. However, she cannot intentionally enter the US on a tourist visa with the intent to immigrate based on a marriage she's already planning to enter into.

If your proposal and mutual marriage decision occurs after she arrives, she can simply adjust status. Otherwise, you go through the K1 process as normal and she returns to Hong Kong for the visa interview (cannot overstay her granted time at entry) enter again using the K1 visa, then marry in the US. Or you can marry here first and go through on of the spouse visa processes. CR1 or K3.

I'm taking you at your word that you are contemplating marriage but have not yet proposed and become engaged. As long as that is still the case when she arrives, marriage and status adjustment remains a viable legal option. If you become engaged before her arrival, then she has immigrant intent and needs to go through the appropriate visa process. You've got some time to figure this all out. She's still married after all.

I am thinking about proposing but not for at least a year after she is here and in school. I want some more time to get to know her while she is in school. I love her very much but I need the time to be with her first before doing so. Is this all legal since we don't have the intent at the moment but it might possibly be in our future.

[pushbrk 12,898]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

You don't change to a K1 visa from any other visa. It is a separate process. In general, if she's already here, she doesn't need a visa. However, she cannot intentionally enter the US on a tourist visa with the intent to immigrate based on a marriage she's already planning to enter into.

If your proposal and mutual marriage decision occurs after she arrives, she can simply adjust status. Otherwise, you go through the K1 process as normal and she returns to Hong Kong for the visa interview (cannot overstay her granted time at entry) enter again using the K1 visa, then marry in the US. Or you can marry here first and go through on of the spouse visa processes. CR1 or K3.

I'm taking you at your word that you are contemplating marriage but have not yet proposed and become engaged. As long as that is still the case when she arrives, marriage and status adjustment remains a viable legal option. If you become engaged before her arrival, then she has immigrant intent and needs to go through the appropriate visa process. You've got some time to figure this all out. She's still married after all.

I am thinking about proposing but not for at least a year after she is here and in school. I want some more time to get to know her while she is in school. I love her very much but I need the time to be with her first before doing so. Is this all legal since we don't have the intent at the moment but it might possibly be in our future.

I think it is, particularly if she's here legally for more than a year before you marry. It sounds like you have hope and intend to pursue that hope but you SHE will have no actual intent or fiance when she enters to go to school.

I take it she'll be applying for a student visa though rather than just sticking with the tourist visa. Her tourist visa may be good for 10 years but she will only be granted a maximum of a six month stay on each entry. It is not a visa intended to reside in the USA. She must spend more time out than in.

[imeetmoon 0]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

You don't change to a K1 visa from any other visa. It is a separate process. In general, if she's already here, she doesn't need a visa. However, she cannot intentionally enter the US on a tourist visa with the intent to immigrate based on a marriage she's already planning to enter into.

If your proposal and mutual marriage decision occurs after she arrives, she can simply adjust status. Otherwise, you go through the K1 process as normal and she returns to Hong Kong for the visa interview (cannot overstay her granted time at entry) enter again using the K1 visa, then marry in the US. Or you can marry here first and go through on of the spouse visa processes. CR1 or K3.

I'm taking you at your word that you are contemplating marriage but have not yet proposed and become engaged. As long as that is still the case when she arrives, marriage and status adjustment remains a viable legal option. If you become engaged before her arrival, then she has immigrant intent and needs to go through the appropriate visa process. You've got some time to figure this all out. She's still married after all.

I am thinking about proposing but not for at least a year after she is here and in school. I want some more time to get to know her while she is in school. I love her very much but I need the time to be with her first before doing so. Is this all legal since we don't have the intent at the moment but it might possibly be in our future.

I think it is, particularly if she's here legally for more than a year before you marry. It sounds like you have hope and intend to pursue that hope but you SHE will have no actual intent or fiance when she enters to go to school.

I take it she'll be applying for a student visa though rather than just sticking with the tourist visa. Her tourist visa may be good for 10 years but she will only be granted a maximum of a six month stay on each entry. It is not a visa intended to reside in the USA. She must spend more time out than in.

Will she be able to go to school with a K-1 or K-2 visa?

[pushbrk 12,898]

Hello all,

I met my girlfriend a few years ago. She is getting a divorce in HK in March of 2008 (I was not the reason). Well we really hit it off and want to get married. She already has one of those visas to come to US with a visitors' visa for 10 years. She wanted to come here for school, and during this duration, I wanted to get to know her better. I am hoping that her divorce stuff finishes around September or October. She'll then come over to US for school hopefully early 2009 and maybe later that year, I'll propose. We both want to get married but this is basically so my friends and family don't think I am crazy and marrying someone overseas. Is there any issues with changing to a K-1 visa?

You don't change to a K1 visa from any other visa. It is a separate process. In general, if she's already here, she doesn't need a visa. However, she cannot intentionally enter the US on a tourist visa with the intent to immigrate based on a marriage she's already planning to enter into.

If your proposal and mutual marriage decision occurs after she arrives, she can simply adjust status. Otherwise, you go through the K1 process as normal and she returns to Hong Kong for the visa interview (cannot overstay her granted time at entry) enter again using the K1 visa, then marry in the US. Or you can marry here first and go through on of the spouse visa processes. CR1 or K3.

I'm taking you at your word that you are contemplating marriage but have not yet proposed and become engaged. As long as that is still the case when she arrives, marriage and status adjustment remains a viable legal option. If you become engaged before her arrival, then she has immigrant intent and needs to go through the appropriate visa process. You've got some time to figure this all out. She's still married after all.

I am thinking about proposing but not for at least a year after she is here and in school. I want some more time to get to know her while she is in school. I love her very much but I need the time to be with her first before doing so. Is this all legal since we don't have the intent at the moment but it might possibly be in our future.

I think it is, particularly if she's here legally for more than a year before you marry. It sounds like you have hope and intend to pursue that hope but you SHE will have no actual intent or fiance when she enters to go to school.

I take it she'll be applying for a student visa though rather than just sticking with the tourist visa. Her tourist visa may be good for 10 years but she will only be granted a maximum of a six month stay on each entry. It is not a visa intended to reside in the USA. She must spend more time out than in.

Will she be able to go to school with a K-1 or K-2 visa?

A legally admitted foreigner can go to school. She, as your wife, may also be considered an in State resident based on your residency. This depends on the state.

However, unless her parent is marrying a USC and she is under 21, a K2 visa is not a possibility. It is for children of K1 visa holders.