Came here on K-1, got married, left country, now back on tourist visa...

[malone76 0]

In 2018 I got a K-1 visa for my now wife. We got married in the US in December of 2018 using her K-1 visa. We then moved back to Thailand to live. While back there we applied for and she got a 10 year tourist visa so we could come back and visit my family from time to time. We did just that two times and we went back to Thailand after those two times. These were legitimate tourist visa uses. The third time she came on her tourist visa (about a month ago) we decided after we got here and discussed it with my parents that we were going to stay here and live here permanently. I've read it's ok for us to now change her status as we did not decide to live here until AFTER we arrived on the tourist visa. I started to fill out the I-130 form and was thinking that maybe because she already had a K-1 visa and we used it ti get married here, maybe there was an easier way it change her status than filling out that form and paying the 500 or so dollars. If anyone can comment on this as to what I should do I would appreciate it. Thanks

Edited April 11, 2020 by malone76

[Ayrton 966]

11 minutes ago, malone76 said:

In 2018 I got a K-1 visa for my now wife. We got married in the US in December of 2018 using her K-1 visa. We then moved back to Thailand to live. While back there we applied for and she got a 10 year tourist visa so we could come back and visit my family from time to time. We did just that two times and we went back to Thailand after those two times. These were legitimate tourist visa uses. The third time she came on her tourist visa (about a month ago) we decided after we got here and discussed it with my parents that we were going to stay here and live here permanently. I've read it's ok for us to now change her status as we did not decide to live here until AFTER we arrived on the tourist visa. I started to fill out the I-130 form and was thinking that maybe because she already had a K-1 visa and we used it ti get married here, maybe there was an easier way it change her status than filling out that form and paying the 500 or so dollars. If anyone can comment on this as to what I should do I would appreciate it. Thanks

Her status is not k1 anymore, it's tourist. So she needs to adjust from B2. I believe there's no way around, you need to send a I-130.

[payxibka 10,048]

23 minutes ago, malone76 said:

In 2018 I got a K-1 visa for my now wife. We got married in the US in December of 2018 using her K-1 visa. We then moved back to Thailand to live. While back there we applied for and she got a 10 year tourist visa so we could come back and visit my family from time to time. We did just that two times and we went back to Thailand after those two times. These were legitimate tourist visa uses. The third time she came on her tourist visa (about a month ago) we decided after we got here and discussed it with my parents that we were going to stay here and live here permanently. I've read it's ok for us to now change her status as we did not decide to live here until AFTER we arrived on the tourist visa. I started to fill out the I-130 form and was thinking that maybe because she already had a K-1 visa and we used it ti get married here, maybe there was an easier way it change her status than filling out that form and paying the 500 or so dollars. If anyone can comment on this as to what I should do I would appreciate it. Thanks

But you left thus giving up k1 status.   No way around it, i130 & i485

[Crazy Cat 44,694]

40 minutes ago, malone76 said:

In 2018 I got a K-1 visa for my now wife. We got married in the US in December of 2018 using her K-1 visa. We then moved back to Thailand to live. While back there we applied for and she got a 10 year tourist visa so we could come back and visit my family from time to time. We did just that two times and we went back to Thailand after those two times. These were legitimate tourist visa uses. The third time she came on her tourist visa (about a month ago) we decided after we got here and discussed it with my parents that we were going to stay here and live here permanently. I've read it's ok for us to now change her status as we did not decide to live here until AFTER we arrived on the tourist visa. I started to fill out the I-130 form and was thinking that maybe because she already had a K-1 visa and we used it ti get married here, maybe there was an easier way it change her status than filling out that form and paying the 500 or so dollars. If anyone can comment on this as to what I should do I would appreciate it. Thanks

The K-1 is history.......She will have to file a complete Adjustment of Status package...and an I-944..be aware of the work and travel restrictions associated with adjustment of status.......here is the guide: 

 

Edited April 11, 2020 by Lucky Cat

[SalishSea 18,470]

1 hour ago, malone76 said:

In 2018 I got a K-1 visa for my now wife. We got married in the US in December of 2018 using her K-1 visa. We then moved back to Thailand to live. While back there we applied for and she got a 10 year tourist visa so we could come back and visit my family from time to time. We did just that two times and we went back to Thailand after those two times. These were legitimate tourist visa uses. The third time she came on her tourist visa (about a month ago) we decided after we got here and discussed it with my parents that we were going to stay here and live here permanently. I've read it's ok for us to now change her status as we did not decide to live here until AFTER we arrived on the tourist visa. I started to fill out the I-130 form and was thinking that maybe because she already had a K-1 visa and we used it ti get married here, maybe there was an easier way it change her status than filling out that form and paying the 500 or so dollars. If anyone can comment on this as to what I should do I would appreciate it. Thanks

$500?  Isn't it $1225?

 

OP, be aware that she won't be able to work or travel for 6-8 months at least.

[payxibka 10,048]

7 minutes ago, Jorgedig said:

$500?  Isn't it $1225?

$535 for the i130

Edited April 11, 2020 by payxibka

[SalishSea 18,470]

2 minutes ago, payxibka said:

$535 for the i130

......which by itself isn't adequate to adjust status from a B visa, or the only cost.

[payxibka 10,048]

27 minutes ago, Jorgedig said:

......which by itself isn't adequate to adjust status from a B visa, or the only cost.

Yes, but it was the INCREMENTAL cost he was trying to avoid 

[Orangesapples 1,954]

No, you don't get any special advantages from having used a K1 before. But at least you'll get a 10-year card and you won't have to do ROC which does save money. 

[JFH 12,195]

*~*~*moved from “AOS from K visas” to “AOS from work/study/tourist visas” as the K visa is no longer relevant*~*~*

[belinda63 3,053]

You will need to file the I-130 and the I-485 as well as many other forms. She will need to have the medical exam. Nothing from the prior K-1 visa applies today. 

[little immigrant 801]

https://www.visajourney.com/guides/i130-spouse-inside-usa/

[geowrian 22,339]

Note the guide is not updated to include the I-944 as a required document (+ supporting documentation) for the I-485.

Edited April 12, 2020 by geowrian