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Sammy - Which option would be best?

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  • Sammy - Which option would be best?

    OK...Here is my situation. I am a USC and have a girlfriend from Taiwan. She is currently living in Taiwan. We are planning to get married in September '04 when she comes to visit again. She was here on a visitor VISA in June of this year. If we get married next year she would go back to Taiwan for 6 to 12 months and then come back here. Which one of the following options would be best for us:

    1. We don't get married until she is able to move here and stay. If this is the case - she would still come here in September to visit. What VISA would be best for her to obtain in this situation? (Could she come on a visitor VISA?)

    2. I marry her in January in Taiwan when I go visit her (this would be my second visit). And then when she is able to move here apply for the K-3 VISA. We would both prefer to get married in the U.S. so this would not be our first pick.

    3. Apply for the K-1 VISA and get married next September in the U.S. She goes back to Taiwan and I then apply for the K-3 VISA when she is able to move here.

    I would also like to know if there could be any problems later since she had come here on a visitor VISA in June but didn't tell them she was coming to see me? Thanks for all your help.

  • #2
    OK...Here is my situation. I am a USC and have a girlfriend from Taiwan. She is currently living in Taiwan. We are planning to get married in September '04 when she comes to visit again. She was here on a visitor VISA in June of this year. If we get married next year she would go back to Taiwan for 6 to 12 months and then come back here. Which one of the following options would be best for us:

    1. We don't get married until she is able to move here and stay. If this is the case - she would still come here in September to visit. What VISA would be best for her to obtain in this situation? (Could she come on a visitor VISA?)

    2. I marry her in January in Taiwan when I go visit her (this would be my second visit). And then when she is able to move here apply for the K-3 VISA. We would both prefer to get married in the U.S. so this would not be our first pick.

    3. Apply for the K-1 VISA and get married next September in the U.S. She goes back to Taiwan and I then apply for the K-3 VISA when she is able to move here.

    I would also like to know if there could be any problems later since she had come here on a visitor VISA in June but didn't tell them she was coming to see me? Thanks for all your help.

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    • #3
      If anyone else has advice for me I would be very grateful. Thanks

      Comment


      • #4
        Let me see if I understand what you're asking:
        She came to visit you on a visitors visa in June? She didn't have to tell the POE who she was visiting. You didn't have a pending K-1 at the time, right? Did she stay for more than 90 days? She can visit anyone she wants on a visitors visa. Getting married on a visitors visa is a bit of a no-no though.
        Your 3rd option is confusing...
        If you get the K-1 approved and she comes here and marries you, she doesn't have to go back. The K-1 gives her permission to come to the US, marry you within 3 months and apply to stay. No need to go back to Taiwan...actually after you marry, she can't go back home without Advance Parole. Understand?
        If you get married in Taiwan, then YOU go back to the US and apply for a K-3 to bring her here...no need for a K-1 if you're going that route. Hope I understood your questions.
        Good luck

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        • #5
          Thanks for the reply L. in USA And sorry I wasn't more clear in my post. I'll explain...

          When she was here in June she was on a visitor's VISA (not a K-1) and was here for about a month. I feel better about this now because of your response - re: She can visit anyone she wants on a visitors visa. Thanks...

          On my third option I gave: I know she wouldn't have to go back to Taiwan (and I don't want her to) but she needs to take care of some obligations she has and would like to move here sometime in mid-2005.

          Based on what I've been reading I don't think the third option would be best anyways. I will see if the American Institute in Taiwan offers the DCF. Thanks

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