Best option? K-1 visa or change of status?

[JesseFK 0]

Hi everyone,

I've been on this site for a while but haven't posted anything yet. I have heard information from others around me that might be different than what I've read, but I'm not sure.

I need a little direction on the best or easiest option for bringing my future prospective spouse to the US.

As of now, I haven't started anything with the visa process. Her and I are still in the dating phase and I'm just wanting to look into my options before I decide to move forward on anything.

My girlfriend is from China and currently has a B1 Visa. It is good for about another 9 years and it allows her to come to the states 6 months at a time for tourist or business purposes. We met in Hawaii over new year's, then she came to where I live for Chinese new year and visited my whole family and we had a wonderful time.

Is it easier just to do a K1 visa and bring her over here and marry her within the 90 day window, or would it be better to do a change of status and get married while she is here?

From what I understand, either way she couldn't work until we were married (Is this correct?). She does want to work when she is here and married to me. Is it unlawful to bring her here with her current visa planning on getting married within the 6 month window she has while here on the B1 visa?

I don't want to do anything that would potentially be a problem for her in the future, so I am just asking to see which is easiest or the best option.

If the non-K1 option was the best way, what visa would that be the one we need to do a change of status with?

Sorry for the question being quite long, and I appreciate any help or guidance anyone can offer in advance.

[teeak 224]

Yes, if she isn't already here and she intends to enter the US on another visa and adjust status, then it is illegal.

You would have to go with the K-1. http://www.visajourney.com/content/compare

Edited February 19, 2016 by teeak

[Georgia16 2,858]

Not only til you guys are married to the AOS have been filed and the EAD card has come so about 60-90 days from you file for AOS.

You can do both ways since she is there, but she needs to be in the country with you now. No visa 'just' Adjustment of status (AOS)

[EM_Vandaveer 2,370]

Is she in the US now? If so, you can marry and file for AOS. If not, she's not allowed to come on a tourist visa with the intention to later AOS. If she's not in the US now, you need to file a K-1. Or she could come on a tourist visa, get married, she goes back to China and you file for a CR-1. The spousal visa takes longer, but she could work right away once she gets to the US. With K-1 you have to file AOS after the marriage and it takes about 90 days to get an EAD (work permit).

Edited February 19, 2016 by EM_Vandaveer

[Pitaya 2,576]

~Moved from K1 Process to What Visa Do I Need Forum~

~inquiry about family visas~

[JesseFK 0]

Is she in the US now? If so, you can marry and file for AOS. If not, she's not allowed to come on a tourist visa with the intention to later AOS. If she's not in the US now, you need to file a K-1. Or she could come on a tourist visa, get married, she goes back to China and you file for a CR-1. The spousal visa takes longer, but she could work right away once she gets to the US. With K-1 you have to file AOS after the marriage and it takes about 90 days to get an EAD (work permit).

Thank you, this helps a lot. She is NOT currently in the US. But this lets me know the options that are available.