What is the best/easiest way for a US citizen to marry a J1 visa student from Taiwan?

Asked about 2 years ago - Grand Canyon, AZ

My girlfriend and I are looking to get married. She is currently in the US on a J1 visa. She has to return to Taiwan to complete an internship. She believes that coming back to the US on a tourist visa is the best way for us to get married in the future. I feel that getting married now and submitting a K1 visa is better. Which way is better, and has less chance for denials or delays?

Attorney answers (3)

  1. Robert West

    Contributor Level 20

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    Answered . K-1 is the proper way.

  2. Gen Kimura

    Contributor Level 18

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    Answered . Your girl friend can not apply for a B visa so that she can come to the U.S. to marry you. Before you start her permanent residency process, you have to make sure that she is not subject to 2 year foreign residency requirement.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. F. J. Capriotti III

    Contributor Level 20

    Answered . Using a tourist visa with the intention of marriage is a VERY VERY BAD idea.

    You are correct, use a K for her to enter and get married within 90 days of arrival.

    Or, you can get married now and she can go home, do her internship, and return with a greencard.

    NOTE: You didn't tell us whether or not she has a 2 year restriction on her J. If so, then she needs to stay home for 2 years before coming back as fiance, or spouse.

    ___________________________________________________________
    Franco Capriotti - Senior Immigration Counsel
    CAPRIOTTI INTERNATIONAL LAW
    franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
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    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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