advice for an engaged couple

[illinoisjoe 1]

Hi all, I'm hoping for help with my unusual situation.

Facts:

I'm a US citizen by birth.

My girlfriend is from Argentina and has a US Tourist (B1) multiple entry.

She is currently here on vacation and arrived April 28th.

Last week, I proposed, she said yes (yay!), and we started to plan when and where. What seemed to make sense at the time based on this forum was to go for the K3/ change of status route. We were planning on getting married in in mid-July and starting that process but...

Even more recently, she was offered a job as a field guide that is based in the US but works all over the world (i.e. her country of residence doesn't affect the legality of her working there). This job wouldn't start until the end of October and her work would be in Argentina for six weeks (until mid-November).

Now we don't know what to do. I am nervous about the K3/status change route in general, but I think we have a straightforward case (i.e. we are crazy about each other and have been for awhile, yet we only recently decided for her to stay and for us to get married). Now, on top of that, I am worried about the process making it difficult for her to leave the US in October or, more accurately, to come back into the US after the work. I have done a lot of reading on here but I am still confused on:

1. the expected wait time for her to have the ability to come and go to the US if we go this route. I think she can do this once we get the approved I-129F. I'm confused because this is supposed to be "faster" than the I-130 but the processing times data on this website seems to suggest the opposite?
2. the probability that our case will be considered valid and not fraudulent (it's not) and what we should do to demonstrate that.

Alternatively, we are now realizing that we could apply for a K1 fiance visa. She would have to return to Argentina a little early to avoid overstaying this trip on her B1 visa, and then? I know she needs to be there for an interview, but it seems impossible to plan that out in such a way that we know when she needs to be there and be available. She'll be unable to attend an interview for the times she is working there.

We would really like to avoid being apart for months and months. We've done plenty of that already over the last 5 years. Is there a way she can accept this job, marry me, and freely leave (in late October) and re-enter this country (soon after November) for the job?

We can add a month to her stay in Argentina possibly if that would make things easier.

Any advice is appreciated. sorry for the long explanation. I don't know if my situation is complicated, the visa application process is, or both!

Joe

[AnotherLostSoul 167]

AOS! She'll be done by October if she files right after you guys get married. Make sure to ask for AP, so that in case it is not done she can exit and come back in without abandoning her AOS process. All the best!

Edited June 3, 2014 by AnotherLostSoul

[GreatDane 366]

Hi all, I'm hoping for help with my unusual situation.

Facts:

I'm a US citizen by birth.

My girlfriend is from Argentina and has a US Tourist (B1) multiple entry.

She is currently here on vacation and arrived April 28th.

Last week, I proposed, she said yes (yay!), and we started to plan when and where. What seemed to make sense at the time based on this forum was to go for the K3/ change of status route. We were planning on getting married in in mid-July and starting that process but...

Even more recently, she was offered a job as a field guide that is based in the US but works all over the world (i.e. her country of residence doesn't affect the legality of her working there). This job wouldn't start until the end of October and her work would be in Argentina for six weeks (until mid-November).

Now we don't know what to do. I am nervous about the K3/status change route in general, but I think we have a straightforward case (i.e. we are crazy about each other and have been for awhile, yet we only recently decided for her to stay and for us to get married). Now, on top of that, I am worried about the process making it difficult for her to leave the US in October or, more accurately, to come back into the US after the work. I have done a lot of reading on here but I am still confused on:

1. the expected wait time for her to have the ability to come and go to the US if we go this route. I think she can do this once we get the approved I-129F. I'm confused because this is supposed to be "faster" than the I-130 but the processing times data on this website seems to suggest the opposite?
2. the probability that our case will be considered valid and not fraudulent (it's not) and what we should do to demonstrate that.

Alternatively, we are now realizing that we could apply for a K1 fiance visa. She would have to return to Argentina a little early to avoid overstaying this trip on her B1 visa, and then? I know she needs to be there for an interview, but it seems impossible to plan that out in such a way that we know when she needs to be there and be available. She'll be unable to attend an interview for the times she is working there.

We would really like to avoid being apart for months and months. We've done plenty of that already over the last 5 years. Is there a way she can accept this job, marry me, and freely leave (in late October) and re-enter this country (soon after November) for the job?

We can add a month to her stay in Argentina possibly if that would make things easier.

Any advice is appreciated. sorry for the long explanation. I don't know if my situation is complicated, the visa application process is, or both!

Joe

Honestly, I don't think any of that is possible in the time frame you have suggested. Even if it was possible though, a K1 visa doesn't entitle her to work or leave the country. It's only after the AOS process that you can work and leave the country. We started our K1 last March and my husbands AOS still hasn't been finalized. He entered the country in late October. Applied for AOS in December. His temporary work permit/leave the country came through in April.

AOS could be the only viable option.

Edited June 3, 2014 by GreatDane

[Terry J 50]

Based on what you said the logical option is for her to stay and file the AOS. Make sure she applies for the AP and EAD (It's covered with the AOS fee).

Barring anything unforeseen she would get the EAD/AP combo card within 60-90 of filing the AOS. That way at least she can leave and re-enter the US legally if her AOS is still pending in October.

[illinoisjoe 1]

Thanks all! I've been scouring the guides and independently had convinced myself that AOS with AP was the best way to go. There is one thing that I still fundamentally don't understand: If we file the I-485 (AOS) while she's legally here as a tourist on her B1 Visa, how does she stay here legally in the interim, i.e., before her permanent resident status is approved but after the 6 months for this current trip is over? Is there some kind of stop-gap visa they give her?

[illinoisjoe 1]

I think I found my answer to the previous question I asked here: http://www.visajourney.com/faq/k1k2visa-aos.html#6.11.7 But you guys are so helpful I can't resist asking for more advice!

Does it matter when we get married relative to her arrival here? I'm worried about doing it too soon such that it looks like visa fraud but the longer we wait, the longer she can't work and the longer we'll have to wait for her to be able to leave the country.

Does the quality of the wedding matter? Like will they ask to see wedding pictures in an interview? We were planning on having a very simple courthouse wedding and have a bigger celebration later when her family is able to come.

Thanks again!