My fiance and I are thinking about a certain strategy. It has been told to us that we can change the status of her visa while she is here.
Currently she has a B1/B2 visa. We WILL be married but want to do this correctly. She has family and do not want to have their Visa's refused based on any stupid action on our part. So, the question is this, she will leave here at the beginning of September 2018. She will return and from what I believe she can return in a DIFFERENT year. She believes that she can wait until January, 2019 to return. I thought it was a six month wait to regain entrance. If I can get proper clarification here it would help.
Anyway, when she returns we would like to do one of two things. First, get married and then change the status at this point AFTER the marriage. Or, apply to immigration and request a change from a B1/B2 Visa to a K-1 visa. Here I have no clue but would like to receive advice. First, can we do this? Second, considering her son may want to visit, by doing this would our actions create a problem for him? We are telling him to apply for his own B1/B2 Visa at this moment. So he should have this by the time we start OUR procedure. If so, thoughts are they would not revoke HIS Visa but allow him to visit. But in doing this would it create problems with Immigration? I am a CPA and know there are times when certain things are done the IRS is livid. I do not want to "piss off" our good friends in immigration.
I have heard from a number of people here that the marriage while in the USA and then the change in status is the best alternative. I am happy to do this, but just want to make sure this is completed correctly.
Your help would be GREATLY appreciated.
Currently she has a B1/B2 visa. We WILL be married but want to do this correctly. She has family and do not want to have their Visa's refused based on any stupid action on our part. So, the question is this, she will leave here at the beginning of September 2018. She will return and from what I believe she can return in a DIFFERENT year. She believes that she can wait until January, 2019 to return. I thought it was a six month wait to regain entrance. If I can get proper clarification here it would help.
Anyway, when she returns we would like to do one of two things. First, get married and then change the status at this point AFTER the marriage. Or, apply to immigration and request a change from a B1/B2 Visa to a K-1 visa. Here I have no clue but would like to receive advice. First, can we do this? Second, considering her son may want to visit, by doing this would our actions create a problem for him? We are telling him to apply for his own B1/B2 Visa at this moment. So he should have this by the time we start OUR procedure. If so, thoughts are they would not revoke HIS Visa but allow him to visit. But in doing this would it create problems with Immigration? I am a CPA and know there are times when certain things are done the IRS is livid. I do not want to "piss off" our good friends in immigration.
I have heard from a number of people here that the marriage while in the USA and then the change in status is the best alternative. I am happy to do this, but just want to make sure this is completed correctly.
Your help would be GREATLY appreciated.
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