K1 request while on a tourist visa trip

[caballeroj75 0]

Can I start the process of a K1 visa while she is in the US on a tourist visa with plans to return to her country?

[Hypnos 6,576]

Yes.

[lummo 61]

9 minutes ago, caballeroj75 said:

Can I start the process of a K1 visa while she is in the US on a tourist visa with plans to return to her country?

Yes. You can also:

A) Marry now and do adjustment of status without her leaving the US. It's 100% legal: https://citizenpath.com/faq/preconceived-intent-adjust-status/; OR

B) Marry now, you file the I-130 to start the CR-1 process, and she leaves the US before her tourist status ends.

Edited December 24, 2018 by lummo

[lummo 61]

21 minutes ago, caballeroj75 said:

Can I start the process of a K1 visa while she is in the US on a tourist visa with plans to return to her country?

Is she in the US right now?

[caballeroj75 0]

 

1 hour ago, lummo said:

Is she in the US right now?

She’s not. She was about a month ago but now she’s back in her country. She is going to try to come back in  march and stay with a friend but by then I would have already begun the K1 visa.  I would totally marry her when she comes in March but she will be traveling on a tourist visa and I don’t want her to be accused of fraud. 

 I really want to do what’s right but I also want to be with her as soon as possible toI.  What do you recommend ?

 

Edited December 24, 2018 by caballeroj75

[caballeroj75 0]

1 hour ago, lummo said:

Yes. You can also:

A) Marry now and do adjustment of status without her leaving the US. It's 100% legal: https://citizenpath.com/faq/preconceived-intent-adjust-status/; OR

B) Marry now, you file the I-130 to start the CR-1 process, and she leaves the US before her tourist status ends.

Can we do that? We thought about her traveling in March and spend a few more months getting to know each other and maybe getting married before she would have to leave. 

 

Thing is that I’ve heard horror stories about doing this and officials thinking that the reason we would get married is for her to just stay here as an immigrant. But that’s not the case. 

[geowrian 22,335]

14 minutes ago, caballeroj75 said:

Can we do that? We thought about her traveling in March and spend a few more months getting to know each other and maybe getting married before she would have to leave. 

 

Thing is that I’ve heard horror stories about doing this and officials thinking that the reason we would get married is for her to just stay here as an immigrant. But that’s not the case. 

She cannot come to the US with intent to stay. That would be fraud.

She can visit, marry, then return home.

Or she can visit and you can do the K-1 process (either start it beforehand or while she's in the US).

Either way she has to return home to finish the process.

Edited December 24, 2018 by geowrian

[caballeroj75 0]

8 minutes ago, geowrian said:

She cannot come to the US with intent to stay. That would be fraud.

She can visit, marry, then return home.

Or she can visit and you can do the K-1 process (either start it beforehand or while she's in the US).

Either way she has to return home to finish the process.

My reason for it is that if she is here and she can stay with her friend for 6 months while the K1 is in the process then we won’t be separated for too long. If it takes 9 months then we can spend 6 months together and hopefully the visa would be approved a few months later. But the thing that I think about now is the medical exam and the consular interview in her country. Would that delay the process if she is here? I guess so

Edited December 24, 2018 by caballeroj75

[geowrian 22,335]

1 minute ago, caballeroj75 said:

My reason for it is that if she is here and she can stay with her friend for 6 months while the K1 is in the process then we won’t be separated for too long. I’m f it takes 9 months then we can spend 6 months together and hopefully the visa would be approved a few months later. But the thing that I think about now is the medical exam and the consular interview in her country. Would that delay the process if she is here? I guess so

She can stay for as long as she is admitted. Usually this is 6 months with a tourist visa, but it could be theoretically as short as 1 day as well. The CBP officer makes the determination about entry and for long at POE.

There's nothing wrong with visiting that long beforehand. At the same time, a tourist visa requires being able to show intent to return home via strong ties. Having such a long stay planned with a fiance implies there are no such strong ties. So there is a bit of a risk involved. Normally a couple shorter trips instead is better. But it's their call to make...I'm just pointing out that there is a risk of being denied entry (not an issue for the K-1 visa, but obviously not a desirable outcome).

 

The K-1 process is currently taking ~9-12 months on average. The medical exam and interview is toward the end of the process, and can be delayed fairly easily if desired.

Being in the US beforehand won't slow down the I-129F petition, pass-through at NVC, or scheduling the medical/interview/etc. Depending on the country where she will interview, she may need to be physically present to obtain certain documents (birth certificate, police certificate, etc.).

[lummo 61]

6 hours ago, caballeroj75 said:

I would totally marry her when she comes in March but she will be traveling on a tourist visa and I don’t want her to be accused of fraud. 

 I really want to do what’s right but I also want to be with her as soon as possible toI.  What do you recommend ?

You have 3 lawful options:

1. File the I-129F now (if you physically met within the past 2 years; for example last month when she visited the US). If the I-129F is approved and she is still in the US, then you can delay the process like @geowrian mentioned and she leaves the US before her tourist status ends;
2. Marry when she visits in March, file the I-130 to start the CR-1 process, and she leaves the US before her tourist status ends; OR
3. Marry outside the US (can be her country or a third-party country; the marriage process varies by country) whenever possible and then file the I-130. She then visits the US in March and leaves before her tourist status ends.

It's ultimately your choice, but I recommend either #2 or #3 instead of #1. Here is an analysis by @missileman:

Quote

K-1

More expensive than CR-1

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

Spouse can not leave the US until she receives approved Advance Parole (approx 5-6 months)

Spouse can not work until she receives EAD (approx 5-6 months)

Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period

Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1

Less expensive than K-1

No Adjustment of Status (I-485, I-131, I-765) required.

Spouse can immediately travel outside the US

Spouse is authorized to work immediately upon arrival.

Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US

Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

 

My Final Analysis: If you can marry your fiance then CR-1 is a much, much better option

 

Edited December 24, 2018 by lummo