K1 vs B1

[Ryanek 0]

Hey there,

Totally new to the world of immigration. I feel like my story is unique but there's a good chance it's not. either way I'll start from the beginning.

My girlfriend and I met at the agency I work for here in the states. She is a Czech citizen and I am an American citizen.

She spent a year in an organization similar to ours near Boston. She went back to the Czech Republic and after a couple months decided she wanted to do more volunteer work. She had heard about our agency, which is on the west coast from someone in Boston so she got in touch with my boss and got the okay to come over for a few months. She was given a welcome letter but I think she forgot it on the way here. She also did not get a B1 volunteer visa for our agency but rather tried to use the one she had for Boston, I think because both our non-profits are part of the same federation so she thought it would work for both. So when she arrived she was in customs for several hours getting grilled on why she did not have proper documentation to come back into the states.

Fortunately she got in! She was permitted to stay for 90 days. And this is where we met and our relationship began. When she left we continued our relationship long distance and I have made a couple trips to see her. She has been reluctant to visit on ESTA because she believes it will hurt her chances of returning on a B1 volunteer visa again. The officer also told her on her in customs not to return to the states until 2016.

So I have been in touch with my boss and he is willing to give her anything he can to help her come back and of course I want her to come back but she is shook up from her last encounter with customs. We have debated using a K1 or another B1 for her to come back. The K1 seems safer but I am not confident in my financial ability to care for her long enough while she is unable to work and waiting for a green card. The B1 would give her enough support from my agency to get us both on our feet and get properly married so this is the preferable option!

So I am here basically to tap into the wisdom and experience of this site. Should we go for the B1 again? Or just try a K1? Also would it be possible try the B1 and use the K1 as a back-up plan if the B1 fails?

Thank you.

[Boiler 43,859]

Do you mean J1? Trying to make sense of it.

[Ryanek 0]

No, because the agency is faith based we get many folks from Europe that come over on a religious or mission b1 visitor for business visa to do voluntary service work. They receive no payment just room and board, and a small stipend.

[Boiler 43,859]

B1 is basically the same as a B2 but for Business so no connection here, normal max is 6 months and no stipend etc,

R1 is the religious one.

[Ryanek 0]

I think this is the waybour volunteers come over: http://www.nolo.com/legal-encyclopedia/getting-us-visa-b-1-do-volunteer-work.html

Does it help?

[aaron2020 11,651]

Does your girlfriend intend to use the B1 to enter the US to marry you and immigrate to the US? I bring this up since you mentioned the K1 would be a backup.

[Ryanek 0]

It's an idea. She would be to come back on the B1 to give us more time to be together and plan a proper marriage, not a shotgun court room thing. Not exactly an intention we are just trying to weigh the options. We are planning on marriage and living in the states for a few years.

Edited November 12, 2016 by Ryanek

[aaron2020 11,651]

It's an idea. She would be to come back on the B1 to give us more time to be together and plan a proper marriage, not a shotgun court room thing. Not exactly an intention we are just trying to weigh the options.

It's immigration fraud to use a B1 to enter the US with the intent to immigrate. Be careful.

[Boiler 43,859]

Very unusual for a B1 to be issued by itself. Usually issued a B1/2

So lets assume she had one of those, does not allow payment in cash or kind so something is not right.

To stay a year she would have had to apply for an extension so maybe did that in country, sounds like she was very lucky to be allowed in another time. And has good cause to anticipate closer inspection is she tries again.

You would not have though a Religious organisation would participate in immigration fraud.

[Ryanek 0]

So it sounds then like the safest route is to go with the K1. Maybe they will be taking a harder look at her because she already has already made several trips to the states.

[Californiansunset 332]

I got a 10 year B1 visa issued to volunteer for a non-profit. I'm surprised hers is only for one time use. My B1 visa has the additional sentence on the bottom citing the law and then it says Voluntary service so I can only use it to volunteer for a non profit. I honestly don't know why they gave me a B1 visa for Voluntary service that is valid for 10 years because I wondered who would do that multiple times but apparently there are people like your girlfriend who would. I do think there would be lots of questions asked why your girlfriend would do this again without getting money and basically just for fun. However if she has good answers for that and brings the invitation letter from the non-profit where it states that she won't be collecting money for the non-profit and describes her duties, she should be fine. I'm surprised that without that letter they even let her into the country. She shouldnt be surprised that she was questioned thoroughly.

[Californiansunset 332]

I honestly think that B1 is the smarter move. I think it's completely nuts how ppl on VJ have met and lived with their partners for just a few weeks and immediately want to marry and therefore get the K1 just so they can be together. It's a huge step and people take it too lightly. Another B1 would give you 6 more months to get to know each other. I would not advise you to marry on a B1. You could after like 3-4 months of being together file for the K1 while she is with you. You would only be a few months separated again (right now I see a lot of ppl getting their K1s within 4 or 5 months).

I was in the same situation as your gf is (except for the part that I didn't have a B1 before that). I went to the US on my 6-months B1 visa and stayed with an approved B1 visa extension for 10months with my now fiancé. That's when we talked about doing the K1 in the end. I went back home and visited him again for 6 weeks 2 months after I last left on the B1 (I entered with ESTA). That's when we decided for sure we want to do the K1. I left to go back home and he came and visited me to first meet my family and get to know my homecountry (which I think is important too) and then proposed.

Doing the K1 immediately might seem the easiest and fastest route right now but are you guys aware of what a big step it is you are planning on doing?! If she doesnt get the B1 (with good proof I think she has good chances to get it) you can still file for the K1, no problem. Oh and it's not like she gets scrutinized more getting the K1 if she has been doing a lot of trips to the US. I never heard of that before. I've been 4 times in an ESTA in the U.S. (in total probably 3-4months), was 6 months on a J1 and 10months on a B1 in the US.

Edited November 12, 2016 by Californiansunset

[Ben&Zian 4,397]

So it sounds then like the safest route is to go with the K1. Maybe they will be taking a harder look at her because she already has already made several trips to the states.

I doubt it honestly. My partner had two J-1 visa's previous to us meeting and spent about 18 months total in New York.

It was a smooth process overall.

Long as she has done everything properly and not over stayed that will not weigh in on the K-1 decision at all.

Edited November 12, 2016 by Ben&Zian

[RobertM54 36]

I honestly don't know why they gave me a B1 visa for Voluntary service that is valid for 10 years because I wondered who would do that multiple times but apparently there are people like your girlfriend who would.

there are a surprising number of people who live by faith alone. I worry about their prospects in old age, but god bless them all. Very attractive to me since I have my 40 quarters into the USA social security system, Unfortunately my health is not good enough to join them.

Edited November 13, 2016 by RobertM54