What kind of visa does my fiancee need?

[Zouby 0]

I would like to bring my filipina fiancee to the US to marry but we do not intend to file for immigration. Can she file for a K-1 and not file for immigration after or is there another visa that should be used? 

[geowrian 22,335]

K-1 (fiance visa) would be the safest option. Technically she can come on a tourist visa to do that. However, CBP is more likely to turn her away when they hear the reason for her coming to the US.

[Dashinka 23,245]

Are you planning on residing in the US after marriage?  On the surface, a K1 seems to be the best option, but if you are planning on staying in the US, or if you want to travel outside of the US and return at some point in the future, you will need to continue on the immigration journey for at least a GC.  I don't recommend trying for a tourist visa as what Geowrian said is a likely scenario, she faces a good chance of being turned around at the border if she comes here on a visitor visa with the intention to get married.

 

Good Luck!

[Zouby 0]

We do not plan to reside in the US after we marry but I would like to get her a visa at a later date so when I do travel to the US to visit family she will be able to come along. 

[Kastrs 723]

Yes many people have done this in the past, apply for the K1, get married in the US after it is issued, then go ahead and leave without adjusting status

 

For the purposes of visiting family after you are married, she will need a B2 visit visa

Edited February 21, 2017 by Kastrs

[Roel 7,191]

Be aware of one thing though. Once she enters on the K1 you will have two options: either file AoS and wait for the green card (about 6 - 8 months) or not file AoS.

If you file and she gets the green card, she can leave the US (short period of time) and then come back. Staying away for too long from US will result in the green card taken away.

 

If you don't file and she leaves without a green card - there is a big, big chance she won't be able to come back to the US for a while. K1 is only for one time entry. As a spouse of the US citizen it is doubtful she'd get a tourist visa (she might, but IMO they'd tell her in the embassy to file for the spouse visa CR1). In that scenario in order for her to be able to enter US, you'd have to file for the spouse visa. It would take about 12 months.

[KierenHby 897]

B2 most appropriate. Nothing illegal about marrying on a tourist visa.. as long as she exits the US once purpose is complete. 

 

Those suggesting K1.. OP intends to live overseas and she occasionally visits the US. K1 doesn't serve that purpose. 

[geowrian 22,335]

5 minutes ago, KierenHby said:

B2 most appropriate. Nothing illegal about marrying on a tourist visa.. as long as she exits the US once purpose is complete. 

 

Those suggesting K1.. OP intends to live overseas and she occasionally visits the US. K1 doesn't serve that purpose. 

K-1 does serve that purpose. It does not require immigrant intent - it only permits it. B-2 is fine as well, but has a higher likelihood of being denied as intent to marry is a risk. Which one is better here is a function of the individual's circumstances. If they have strong ties to overcome the denial, then a tourist visa would be simplest. If they don't, or the tourist visa gets denied (or worse, getting denied at POE), then K-1 would be a better option.

 

Edit: To clarify, the OP said to marry, not occasional visits. If multiple entries to the US are needed, then tourist visa would be the necessary route. That said, once married, getting/using a tourist visa becomes much, much harder.

Edited February 21, 2017 by geowrian

[KierenHby 897]

16 minutes ago, geowrian said:

K-1 does serve that purpose. It does not require immigrant intent - it only permits it. B-2 is fine as well, but has a higher likelihood of being denied as intent to marry is a risk. Which one is better here is a function of the individual's circumstances. If they have strong ties to overcome the denial, then a tourist visa would be simplest. If they don't, or the tourist visa gets denied (or worse, getting denied at POE), then K-1 would be a better option.

 

Edit: To clarify, the OP said to marry, not occasional visits. If multiple entries to the US are needed, then tourist visa would be the necessary route. That said, once married, getting/using a tourist visa becomes much, much harder.

Precisely. Preferable to apply B2 at the get go. 

[Zouby 0]

If the K-1 does not imply the intent to immigrate and only marriage then I think that would be the way to go. Since I did notify the DoS of my intent to marry due to my work requirements I would not want to take the chance with a B-2 visa.

 

Thank you everyone for the information. 

[Ryan H 3,790]

On 2/21/2017 at 7:11 PM, Zouby said:

If the K-1 does not imply the intent to immigrate and only marriage then I think that would be the way to go.

 

That would not be a correct assessment, while a K1 is not an immigrant visa in of itself, it does have immigrant intent as typical K1 seekers are looking to move to the US to be with a US Citizen (some K1 seekers do have nefarious intentions).