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Getting married on B1 visa vs K1 visa ???

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  • Getting married on B1 visa vs K1 visa ???

    Hello,
    I am looking for the correct way to proceed with the immigration process.
    My girlfriend is from Vietnam and currently visiting me in Texas, US. This is her 2nd visit to the US, and she is on a B2/Tourist visa.
    We would like to start a family.
    Should we get married here in the US and file for her Immigration/Green Card in the US or should I apply for a K-1 (Fiancé visa)?
    Your feedback is very much appreciated.
    Thank you.

  • #2
    Get married now and file the adjustment of status package. Do all this before her I-94 expires.

    Comment


    • #3
      Hi,
      Instead of considering fiance visa, you can directly go with change of status petition. One option you have is, you can file I-130 and I-485 together.
      Thanks

      Comment


      • #4
        Originally posted by Mike E View Post
        Get married now and file the adjustment of status package. Do all this before her I-94 expires.
        Will USCIS reserve the right to deny "Adjustment of status" for her since she was admitted on a tourist visa?

        Comment


        • #5
          Originally posted by rkk09 View Post
          Hi,
          Instead of considering fiance visa, you can directly go with change of status petition. One option you have is, you can file I-130 and I-485 together.
          Thanks
          Will USCIS reserve the right to deny "Adjustment of status" for her since she was admitted on a tourist visa?

          Comment


          • #6
            Hi,
            Please see my response below.
            Will USCIS reserve the right to deny "Adjustment of status" for her since she was admitted on a tourist visa?
            Answer: Never. As long as she was not entered to the USA with different motive other than applicable reason for B visa, she is fine to file the petition. Many people does and they get succeed.
            All the best.
            Thanks

            Comment


            • #7
              and this 'change of mind' will also negatively impact the chances of a B2 approval for others in her demographic

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              • #8
                Originally posted by [email protected] View Post

                Will USCIS reserve the right to deny "Adjustment of status" for her since she was admitted on a tourist visa?
                No. USCIS policy is it cannot do that.

                Comment


                • #9
                  Thank you all for your help. I really appreciate it.

                  Comment


                  • #10
                    Yes, but if she's not yet here, her entry couldn't indeed be denied if it comes out that she intends to abuse a non-immigrant visa.

                    Comment

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