What is process process if you meet someone with a K-1 visa?

[Bertrandcpa 0]

I met a woman who is here on a tourist visa and has been coming to the U.S over the past 4 years. We are talking about marriage, but not sure how to proceed with the visa process.

It seems the best way is to proceed with the K-1 visa process and for me to go back to her home country and show that I was there. Being that we met while she was in the U.S, does that present a problem as meeting someone is not the purpose of the tourist visa? Is there anything we need to be aware of in a situation such as ours? Would appreciate any insight! Thank you.

[RobertM54 36]

You only need proof of meeting. Does not matter where. Read the guides and good luck!

[felipeTAYA 18]

No need to go to her country. Just go ahead with the K visa

[Darnell 8,478]

Bertrand - what country is she from ?

[cypherdragon 3]

If she is still in the US on her tourist visa, and you're both ready to get married, then you could get married and apply for Adjustment of Status (AOS) from B1/B2 directly to legal permanent resident. However, you would have to convince the interviewing officer at USCIS that she didn't come to the US on a tourist visa with the sole intent of getting married and staying in the US. That would be visa fraud, and is a Very Bad Thing. I recommend checking out the AOS from Work/Student/Tourist Visa forum here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

My fiance and I looked at going this route, since we didn't really expect to fall in love with each other when she came here, but decided to go the K-1 route due to our situation. Note that the burden of proof is on you and your fiance, NOT on USCIS. If she's only been in the country a short time (less than 60 days) then you will have an uphill battle proving that she didn't use her tourist visa with the intent of staying in the US.

If she has already left for her home country, then yes you will have to file for a K-1 visa. You don't have to go to her country to meet her, as the fact that you've already met in person covers that for your K-1 application. However, meeting more times will give you more evidence to submit with your K-1, which decreases your odds of having problems with the visa process.

[cristina16 81]

I met my fiance when I was in the US visiting on B2 Visa, that is our first meeting. No problem at all during the petition and with K1 Visa application.

You may want to read my Blogs:

http://www.theadventureraatheart.blogspot.com/2016/01/how-to-take-your-fiancee-to-united.html

http://www.theadventureraatheart.blogspot.com/2016/01/i-129f-petition-application-process.html

[Bertrandcpa 0]

Bertrand - what country is she from ?

She is from Indonesia.

[Unidentified 2,930]

I want to add that, sure you don't have to go visit her but if you're going the K1 route it could be a benefit. It shows a bit more of a serious relationship and they might ask your fiance if you've visited or not. That question did come up during my interview.

[The Conqueror 47]

I met my fiance when I was in the US visiting on B2 Visa, that is our first meeting. No problem at all during the petition and with K1 Visa application.

You may want to read my Blogs:

http://www.theadventureraatheart.blogspot.com/2016/01/how-to-take-your-fiancee-to-united.html

http://www.theadventureraatheart.blogspot.com/2016/01/i-129f-petition-application-process.html

Congratulations to you and thanks for sharing your story, I checked your blog

[LORIEandPHIL 123]

If she is still here, get married. She can stay here, no need to leave the country. You should have no problems, as she did not enter the country with the intent to stay. Whoever wrote you would have an uphill battle is wrong. The burden of proof that there was no intent is not on you.

[cristina16 81]

Congratulations to you and thanks for sharing your story, I checked your blog

Thank you