Is K1 the answer for a B2 holder?

[Chicagoan 0]

I've read a number of the guides on this site and others, and I'd like to clarify a couple of points to see if I understand the process correctly.

My girlfriend is from Lithuania and holds a 10 year B2 visa for the US. She's visited here a number of times, and I've visited there a number of times over the last year and a half.

We're starting to talk about marriage, and want to do this as intelligently as possible when it comes to Visa issues. If I understand, the "best" approach in the eyes of the law is to apply for a K1 visa while she's outside of the country, and currently wait an average of 7.25 months before she gets permission to come back to the US and then get married in the US then within 90 days.

Also, if I understand, another option is to marry her outside of the US, and then file for a K3 visa and currently wait an average of 9.5 months before she gets permission to come to the US.

Question 1: Do I basically have the above right? Or does her having B2 status during those wait times allow her access in the US?

From reading all the guides, it seems like the one approach that is mentioned over and over is to enter the US with a B2 visa, not with the intent to immigrate or marry, and then after 60 days change your mind and decide to marry in the US.

Question 2: Is this B2 change-your-mind marriage really the best option to stay within the law and not require separation?

In an ideal world, I'd consider marrying this summer in Lithuania, but if that means she has to stay in Lithuania for more than 9 months waiting for a K3 then it's not a realistic option for us.

Question 3: Is there any option where we might get married overseas and be able to come to the US together immediately?

Our goals are to avoid any lengthy separation, stay within the law, and not introduce something risky or complex. Any advice is appreciated, thank you.

[YuAndDan 153]

Yes this is correct.

#1 K-1 is best option, for entry to USA and then marriage.

The B visa remains valid, however may need to have evidence of ties to home country when visiting while K-1 is being processed. The Visa may be valid, but it does NOT gurantee entry to the USA, the POE officer can deny entry.

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

#2 Not a good option, this always results in an interview, and will get questions to determine "INTENT" upon entry, if it is determined that immigrations was the intent, they can deny adjustment of status.

#3 NO, if you marry first overseas, you will then need to apply for a spousal visa AFTER the marriage.

[pushbrk 14,457]

Yes this is correct.

#1 K-1 is best option, for entry to USA and then marriage.

The B visa remains valid, however may need to have evidence of ties to home country when visiting while K-1 is being processed. The Visa may be valid, but it does NOT gurantee entry to the USA, the POE officer can deny entry.

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

#2 Not a good option, this always results in an interview, and will get questions to determine "INTENT" upon entry, if it is determined that immigrations was the intent, they can deny adjustment of status.

#3 NO, if you marry first overseas, you will then need to apply for a spousal visa AFTER the marriage.

I just want to add that the "60 day rule" is not an actual rule. Intent is intent and the burden is on you to convince the adjudicator the intent didn't exist. Since it does, I wouldn't try it.

If working soon after entry is important, the CR1 spouse visa accompishes that best. If your priority is to reunite soon, my suggestion is that you go ahead and file the I-129F petition for a fiance visa ASAP. Then she can probably safely visit soon after and you visit her once or twice after that, during a process that will likely span 7 to 9 months but could be longer. If you marry first, you can't start the process until after you marry. With a fiance visa, you can start the process virtually now.

With the spouse visa route, you can marry in the USA or abroad, as long as it is before you file the petition. There's nothing illegal about marrying in the US while she's visiting, as long as she leaves before her I-94 expires.

Edited January 3, 2009 by pushbrk

[Bobby+Umit 161]

I would not recommend using her B2 to "trick" the system to get around the wait time.

If they find out, you could be looking at a 3-10 year period before she can apply again, and worst case, be banned for life from ever entering the US legally.

When I was considering what to do, I must admit I thought of doing the "trick" - but after hearing some horror stories - I went the I-129F route.

I intend to visit her and she is going to visit me while we wait.

I know some people have done the "trick" - but why chance it?

good luck!