Fiance or Change of Status

[ItsOver 0]

My fiance has a tourist visa good for another 5 months. She returned to Bulgaria in a timely manner as suggested here. Do we file for change of status or fiance visa? She also has a son she will be returning with if that makes a difference in which form to file. Her son has no visa and didn't come with her when she was here. He is a minor.

Thanks

[YuAndDan 153]

Did she marry you while here? If so file for a CR-1 or K-3 visa. If not you will file for a K-1.

See the guides: for how to file for the visas.

[ItsOver 0]

Did she marry you while here? If so file for a CR-1 or K-3 visa. If not you will file for a K-1.

See the guides: for how to file for the visas.

No, we didn't marry. my final divorce decree sadly came the weekend she left. I would have loved to marry her before she left.

Thanks

[Niels Bohr 72]

File for a K-1, and name that child on the form I-129F. K-1 would be faster.

[Ivelina_Andrew 0]

I just read today somewhere that if you are from Texas you have to wait 30 or 60(im not sure)days from the date you got your divorce decreebefore u r able to file for K1. That is bacause you have to be eligible to marry and you are not cosidered such before 30 days have passed. I am not so sure about it though, just wanted to tell you so you could investigate yourself...

Good Luck!

[Ephesus 0]

Yes, that's true.

[Yodrak 7]

Bob n Dora,

Points of clarification:

- "change of status" has a specific meaning in the world of immigration, and it means going from one non-immigrant classification to another non-immigrant classification. You are, I suspect, asking about adjustment of status.

- One must be in the USA as a non-immigrant to apply for adjustment of status.

Other posters have already addressed some other aspects of your question.

Yodrak

My fiance has a tourist visa good for another 5 months. She returned to Bulgaria in a timely manner as suggested here. Do we file for change of status or fiance visa? She also has a son she will be returning with if that makes a difference in which form to file. Her son has no visa and didn't come with her when she was here. He is a minor.

Thanks