It is the the K1 guides and all over the AOS section. Definitely not IMBRA. 5 to 7 months pre covid timeline. She needs the advanced parole card I-131. Free when filing for the AOS.
She can leave anytime. She can't return without an appropriate visa, Advance Parole (AP) or a green card. AP would usually be the fastest route at around 5-7+ months alongside filing AOS.
A tourist visa is not for staying in the US...she would need to start over with a spousal visa.
My visits have gone like this:
Adam lives in Derby, England. I, Michele, live in Detroit MI. We filed our I-129F April 12, 2007.
November 3, 2006 - November 13, 2006:
Adam visits me for the first time. He entered at the Detroit Metropolitan Airport, and was asked simply his reason for visit (visit a friend), where he was staying (hotel), length of visit (ten days), and to see his itinerary showing his flight back home. No proof of ties to England requested. Welcome to America.
January 3, 2007 - January 22, 2007
Adam visits for second time, entering again at Detroit, MI. Asked same questions, answered 'reason for visit' this time as 'to be with my girlfriend' and was told he can't marry me while he's here, that would be a violation. Adam assures officer he won't. Asked how he could afford to visit again so soon, replied 'using student loan money'. No proof of ties to England requested. Welcome to America.
February 13, 2007 - February 20, 2007.
Michele goes to England. Depart Detroit, arrive at Gatwick, UK. Asked reason for visit (visit boyfriend), length of visit (one week), and where I'd be staying (hotel). I too was told sternly I couldn't marry Adam while I was there. Promised I wouldn't. No proof of anything requested. Welcome to England!
February 21, 2007 - Current (Adam will leave May 20, 2007)
Adam arrives at Detroit MI. Was asked usual 'reason for visit, length of visit' questions. Answered 'to see girlfriend, 3 months'. Was asked about his employment and housing in England, answered that he left his job but it was being held for when he gets back, and that he lives with his mother. Officer apparently thinks something fishy, converses with several other officers, Adam ends up in 'interview room'. Was asked same questions, answered same truthfully. Was asked to describe Michele, how we met, what Michele does for a living. Customs calls Michele at work and asks if Michele knows Adam, what is relationship to him, etc. Answered yes, he's my boyfriend. Call ends. Luggage searched, and laptop plugged in to read emails we've sent back and forth. Officers satisifed we knew each other. Passport stamped, approved for full three month visit. Was advised again not to get married while here (yeah, we know!) Side note, as Adam was leaving, one guard asked the other "so that guy is okay?" Other guard answers, "yeah, he's just in love." No "proof" of ties was requested. Questions were asked, but no paper produced. Welcome to America.
