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?
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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
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.
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