Tourist visa AOS to Fiance visa

[Alex&Amy 28]

I'v often considered recently using the VWP to go back to the US get married then file for a CR-1 and cancel the K-1, at present it seems likely that K-1's through CSC will take 9 months to a year minimum not to mention all the stuffing around waiting for it to get through NVC and your consulate. Also being a spouse of an US citizen and being there illegally seems to be they way to get through the system quickly these days anyway.

[Boiler 47,536]

Why are the B2 Options limited? If it makes a difference she will be interviewing in Malaysia, not in China.

Not sure if it makes any difference, if anything I would guess Malaysia would be harder.

[Andrea&Henry 311]

Yes, we are okay with that. Basically we have some time to work with. She is Chinese, and I am year of the snake, which is this year. She says marrying during this year is very bad luck, so she would like to if possible put the marriage off until after lunar new year, which is Feb 2014. So in our case maybe the wait times aren't so terrible, we would just like to see each other for some time before hand, and if she can get a few months in the US and have time for me to propose to her formally, then that is good. Wish she could stay while the fiance visa processes and such, but all is not perfect in the world. Backup plan is if she cannot get a tourism visa, we will just apply for the Fiance visa at the end of this month.

How do you guys deal with the time apart? Seems this is a very stressful process, but we are both confident that no matter the time we will be together. We are doing okay for now, while I was in Afghanistan, we spent about 6 months apart, and luckily with my income and circumstances we were able to live together for a bit over two months after I was done. We met when I was on a trip in South Korea before I went to Afghanistan, sometime in April 2012. I now work in California.

Also, cute story in the pictures in your sig!

That's great that you have a plan A and plan B. We don't want to be a party po$&@" but getting a tourist visa its veryyy veryy hard. Is not imposible but the denial rates are pretty high, but I hope she can get it if she actually gets it, she can stay with you as long as her I 94 is not expire, and having a couple pf month togethers its a great way to deal with the waiting. In our case, I visit my now husband one time for a couple of weeks, but he came to visit me 4 times the year, we filed our petition. By dec 2011 we went to visit my family in Spain and spent a pre honey moon together in Portugal. I saw him again almost 3 month later when he went to my interview. We spent several months aparts, it was awful but we found the way to pulled it through. Skype was our best friend back then, we used to chat for HOURS, about everything. I remember also, that we used to left our laptops on while we were sleeping so we felt our company. Text mssg, whattsapp, phone calls are other ways. Its incrediable how fast you get use to, to your new cibernetic life and how you can do almost everything while your spending quality time with your loveone. Even when we love each other dearly sometimes, the distance, took the toll of us...so I couldnt help to feel sad and depress but our committment to wach other was so strong that is the only thing it kepts me going...and well, time went by and after 6 month I was already here. Next month Im going to be 1 year since I got here, and I feel it was like yesterday. Even when ut was a hard time been apart, I truly believe that this only made our relationship stronger. We truly appreciate the time we spend together and nothing about wasting it. Never take anything for granted it

Edited March 11, 2013 by Andrea&Henry

[Andrea&Henry 311]

I'v often considered recently using the VWP to go back to the US get married then file for a CR-1 and cancel the K-1, at present it seems likely that K-1's through CSC will take 9 months to a year minimum not to mention all the stuffing around waiting for it to get through NVC and your consulate. Also being a spouse of an US citizen and being there illegally seems to be they way to get through the system quickly these days anyway.

Yeah is a quick way but not a legal way...

Not sure if it makes any difference, if anything I would guess Malaysia would be harder.

It's hard everywhere

[Darnell 8,479]

Can she stay here while the visa processes, or will she have to leave according to her tourism visa, and then re enter after he fiance visa gets approved?

No, she has to pay attention to the dates on the tourist visa,

as

filing for a fiance visa NEVER gives status inside the usa.

Can come into the USA once a K-1 visa is granted, sure, but filing for a K-1 gives no status in the USA, to remain in the USA.

AOS can stand for 'adjustment of status' - we've a guide for that, and there's a marriage involved - so bear that in mind as a viable option.

[bigdog 377]

On her finance visa she will interview at the embassy where she lives. Just a suggestion, don't try and shop for the easy way, just the fastest way for you as a couple to meet your goals, and the legal avenue. If you are not marrying till next year Finance'e Visa seems fine. We did but would have gotten married first then came to US with a green card after our review. You can continue to work at home, have plenty of time to get organized then come to US, green card in hand.

[Pitaya 2,577]

No, she has to pay attention to the dates on the tourist visa,

as

filing for a fiance visa NEVER gives status inside the usa.

Can come into the USA once a K-1 visa is granted, sure, but filing for a K-1 gives no status in the USA, to remain in the USA.

AOS can stand for 'adjustment of status' - we've a guide for that, and there's a marriage involved - so bear that in mind as a viable option.

On her finance visa she will interview at the embassy where she lives. Just a suggestion, don't try and shop for the easy way, just the fastest way for you as a couple to meet your goals, and the legal avenue. If you are not marrying till next year Finance'e Visa seems fine. We did but would have gotten married first then came to US with a green card after our review. You can continue to work at home, have plenty of time to get organized then come to US, green card in hand.

[Jeikun 65]

Yeah is a quick way but not a legal way...

What's not legal about it? Alex&Amy said they considered getting married and filing for CR-1, not getting married and AOS from VWP.

[Andrea&Henry 311]

What's not legal about it? Alex&Amy said they considered getting married and filing for CR-1, not getting married and AOS from VWP.

I understood that part but I refer to this comment :" Also being a spouse of an US citizen and being there illegally seems to be they way to get through the system quickly these days anyway"

[Jeikun 65]

I understood that part but I refer to this comment :" Also being a spouse of an US citizen and being there illegally seems to be they way to get through the system quickly these days anyway"

Aha, missed that. Apologies.

[Andrea&Henry 311]

Aha, missed that. Apologies.

It's ok bud!

[Frosty288 0]

If she comes here on a tourist visa, we can marry and AOS to CR-1, will she have to leave the country while that processes or? Sorry, I will need to read a lot more. Thanks for all the quick answers guys.

[Darnell 8,479]

hit the guides again, find the 'not sure' section.

[Ning 619]

If she comes here on a tourist visa, we can marry and AOS to CR-1, will she have to leave the country while that processes or? Sorry, I will need to read a lot more. Thanks for all the quick answers guys.

I doubt she will get a tourist visa but if she did she can marry while here. Any attempt to stay would be visa fraud because she intended to marry and stay before she ever entered. To advise otherwise is a violation of the TOS. So no, she cant tourist, mqarry and AOS to CR 1.

If she did get a tourist visa she could use it to enter and marry but she will need to leave. Once married you could file for CR 1 type visa that would allow her to return in a legal manner later. The C R 1 will also result in a Green card for her once she is in the USA.

[madtownguy 164]

I would do some research on a tourist visa, she will have to come from a very wealthy family or have some serious connections. A student visa is much more obtainable, she could possibly get it with 5-10k in a bank account which would cover enrollment to a school. But a fiance visa would be the normal way for a case like yours to file. If $500 isn't a big deal and you want to throw it at a tourist visa go for it, I'm guessing at the fee. But be aware that if she gets denied a tourist visa and then you go to file a fiance visa right after they might look at her as lying to try to get to the US and give her problems with her fiance visa. I hope whatever you choose to do it works out well for you.