SpaceNeedle

Thank you Aaron2020 and Penguine_ie very much for your reply

We will research more information on into getting a K-1 or CR-1.

Hello everyone on VisaJourney,

I just got engaged to my finance (a US citizen) 2 days ago while visiting him in Hawaii for the 6th time since I met him last July

I have a 10 years R B1/B2 tourist visa valid until 2018 and have traveled to the US over 20 times before I met my fiance.

I currently live in Canada but I am a Thai citizen.

When I crossed the border at the airport, the customs officer asked me the intention of my visit.

I replied that I am visiting my boyfriend for a week.

The custom officer removed the I-94 from my passport (which is valid until September 2014) and did not give me a new one. (Is that normal?)

The previous times I crossed the border, the customs officer never removed the I-94.

I have a flight booked to return to Vancouver this week.

Our plan is for me to enter the US again on my tourist visa in the next few months, get married, return to Canada to prepare for my move, come back on the tourist visa and apply for Adjustment of Status in the US.

We thought this would be great since the processing time is shorter compared to the K1 Fiance visa option.

But upon researching more on this site, I realized that entering the US with tourist visa with the intention to get married could be considered fraud regardless of the fact that I have been traveling to US for years.

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

We are planning to consult an immigration attorney this week but wanted to get some opinions on this forum.

So my questions are these:

- Am I able to re-enter the US again on tourist visa for my wedding, return to Canada, re-enter again on the tourist visa and apply for AOS?

Or would I not be allowed to enter since they are afraid I might not leave?

- Should I leave the US, and we file for K-1 Visa instead?

- For someone who got engaged to a US citizen while visiting on a tourist visa, what would be the right circumstances appropriate for AOS?

Any tips or suggestions would be greatly appreciated.

I apologize in advance if the answers to my questions are already available somewhere else on this website.

Thank you!