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


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . K-1 is the proper way.

  2. Gen Kimura

    Contributor Level 18


    Lawyers agree


    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
    franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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