Does a B-1 help us at all?

[shaggy_mutt 0]

This is probably a dumb question, but I haven't seen it addressed explicitly, so:

My girlfriend has a B-1 (10 year multi entry) work visa which she has used to come to America multiple times for her job. She is not currently in America and as far as she knows, she doesn't have any business trips here in the near future. Does her B-1 help us in any way? I'm assuming we can't AOS from it unless she is physically in the country when we get engaged - on the grounds that even though it was obtained for her job (well before we met), it would still be an abuse of the B-1 for her to come here (even if also travelling on business at the time) with the intent to get married and adjust status. Am I right or is there something I'm missing? Can she at least use it to come and visit me while a K-1 is processing? Or is it solely for business and not relevant here?

Thanks in advance...

[payxibka 10,044]

This is probably a dumb question, but I haven't seen it addressed explicitly, so:

My girlfriend has a B-1 (10 year multi entry) work visa which she has used to come to America multiple times for her job. She is not currently in America and as far as she knows, she doesn't have any business trips here in the near future. Does her B-1 help us in any way? I'm assuming we can't AOS from it unless she is physically in the country when we get engaged - on the grounds that even though it was obtained for her job (well before we met), it would still be an abuse of the B-1 for her to come here (even if also travelling on business at the time) with the intent to get married and adjust status. Am I right or is there something I'm missing? Can she at least use it to come and visit me while a K-1 is processing? Or is it solely for business and not relevant here?

Thanks in advance...

If she enters on a non-immigrant visa with the intent of immigranting, you are correct that it is an abuse of the visa.....

[YuAndDan 153]

This is probably a dumb question, but I haven't seen it addressed explicitly, so:

My girlfriend has a B-1 (10 year multi entry) work visa which she has used to come to America multiple times for her job. She is not currently in America and as far as she knows, she doesn't have any business trips here in the near future. Does her B-1 help us in any way? I'm assuming we can't AOS from it unless she is physically in the country when we get engaged - on the grounds that even though it was obtained for her job (well before we met), it would still be an abuse of the B-1 for her to come here (even if also travelling on business at the time) with the intent to get married and adjust status. Am I right or is there something I'm missing? Can she at least use it to come and visit me while a K-1 is processing? Or is it solely for business and not relevant here?

Thanks in advance...

If she enters on a non-immigrant visa with the intent of immigranting, you are correct that it is an abuse of the visa.....

Correct, you posted this to the adjustment of status forum which implies that you are considering to misuse the B-1 visa, and are considering marriage on a visitor's visa.

B-1 is a visitors visa used for Business reasons, it does NOT allow work in the USA, it is not a "Work Visa".

But Yes, she can use the visa to visit while K-1 is being processed for a fiancee visa.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Moving to K-1 forum since you asked about visiting while K-1 is being processed.

[shaggy_mutt 0]

Correct, you posted this to the adjustment of status forum which implies that you are considering to misuse the B-1 visa, and are considering marriage on a visitor's visa.

B-1 is a visitors visa used for Business reasons, it does NOT allow work in the USA, it is not a "Work Visa".

But Yes, she can use the visa to visit while K-1 is being processed for a fiancee visa.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Moving to K-1 forum since you asked about visiting while K-1 is being processed.

Pardon, I should not have called a B-1 a work visa. I understand the difference you're describing. But I'm a bit unclear now: can she also use it for a personal visit? Or only to visit on business while K-1 processes?

And indeed, I posted to the AOS forum because I wanted to ask whether it was an acceptable thing to do. The question in my mind was whether B-1 and B-2 have the same rules as far as AOS is concerned. Clearly they do, so we will probably go the K-1 route.

[payxibka 10,044]

Correct, you posted this to the adjustment of status forum which implies that you are considering to misuse the B-1 visa, and are considering marriage on a visitor's visa.

B-1 is a visitors visa used for Business reasons, it does NOT allow work in the USA, it is not a "Work Visa".

But Yes, she can use the visa to visit while K-1 is being processed for a fiancee visa.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Moving to K-1 forum since you asked about visiting while K-1 is being processed.

Pardon, I should not have called a B-1 a work visa. I understand the difference you're describing. But I'm a bit unclear now: can she also use it for a personal visit? Or only to visit on business while K-1 processes?

And indeed, I posted to the AOS forum because I wanted to ask whether it was an acceptable thing to do. The question in my mind was whether B-1 and B-2 have the same rules as far as AOS is concerned. Clearly they do, so we will probably go the K-1 route.

Clearly any NON IMMIGRANT/NON DUAL INTENT visa has the same rules for AOS

Edited December 23, 2008 by payxibka