Fiance from Ukraine to USA has B1/B2 visa moving here...

[maxxnys 0]

So my fiancé from Ukraine has a good B1 business and B2 tourist visa already which allows her to come here for 90 days without trouble.

Now we have decided we will be a family after dating and my visit to her and her family in Ukraine. We have photos and plenty of communication evidence of the relationship.

My question is this: If she comes to me should we plan on her staying here and adjusting her status or should we go through the K-1 fiancé visa process or get married and use the K-3 process?

My ex-wife is from Russia and we used the K-1 visa process so I am familiar with that. BTW I divorced her after 6 years of marriage because she was unfaithful there was not any other problems that would stop me from remarrying.

Thanks in advance.

- Maxx

[Avery Cates 1,141]

So my fiancé from Ukraine has a good B1 business and B2 tourist visa already which allows her to come here for 90 days without trouble.

Now we have decided we will be a family after dating and my visit to her and her family in Ukraine. We have photos and plenty of communication evidence of the relationship.

My question is this: If she comes to me should we plan on her staying here and adjusting her status or should we go through the K-1 fiancé visa process or get married and use the K-3 process?

My ex-wife is from Russia and we used the K-1 visa process so I am familiar with that. BTW I divorced her after 6 years of marriage because she was unfaithful there was not any other problems that would stop me from remarrying.

Thanks in advance.

- Maxx

She can't come here on a Tourist visa with the intention of staying.

You will have to do a K-1.

[maxxnys 0]

She can't come here on a Tourist visa with the intention of staying.

You will have to do a K-1.

I understand we will need to do something... I am wondering the best and simplest way to go about it. Of course we will make sure she complies with immigration rules I just need to know the most convenient legal method that applies to our situation.

Edited to add: Thank you Avery for the response!

Edited April 19, 2014 by maxxnys

[Harpa Timsah 13,258]

K-1s are going very fast now, so I would do that.

It is illegal to enter the US on a tourist visa with the intent to immigrate. Her tourist visa is a non-immigrant visa so has nothing to do with the immigrant process. Good luck.

[maxxnys 0]

K-1s are going very fast now, so I would do that.

It is illegal to enter the US on a tourist visa with the intent to immigrate. Her tourist visa is a non-immigrant visa so has nothing to do with the immigrant process. Good luck.

Ok so K-1 appears to be the best option unless I learn different.

Would it be considered legal if she visits me for less than 90 days and returns to Ukraine while we go through the K-1 process?

So basically she comes for a visit without intending to immigrate on that particular visa but we proceed with an actual immigration visa at the same time.

I am trying to find a solution that has us together as much as possible of course.

[Avery Cates 1,141]

Ok so K-1 appears to be the best option unless I learn different.

Would it be considered legal if she visits me for less than 90 days and returns to Ukraine while we go through the K-1 process?

So basically she comes for a visit without intending to immigrate on that particular visa but we proceed with an actual immigration visa at the same time.

I am trying to find a solution that has us together as much as possible of course.

I would recommend the K-1, yes.

It is legal for her to come visit, yes. The length of time and whether she will be allowed to visit will be determined by the CBP officer when she gets off the flight. My fiancee didn't have any trouble visiting me.

[Harpa Timsah 13,258]

Yes, she can continue to visit.