Asked on Feb 12th, 2022 on Immigration - Wisconsin
More details to this question:
I have been talking(email and phone) with a Filipino lady for awhile now. She has been working as a nanny in China for the last 3 years but is a citizen of the Philippines. She has a Philippine passport. We are at the stage that we want to meet. I am not vaccinated and I wonโt be doing that. She is vaccinated from China. How are we able to meet? Can she get a visitor visa or fiancรฉ visa? What options do we have?
I agree with Mr. Black. It is her vaccination status, not your's, that is an issue. The law governing non-immigrant visa issuance requires a consular official to presume immigrant intent. Your girlfriend may be required to overcome that presumption in order to secure a non-immigrant B2 visitor visa. This can prove challenging if your girlfriend is a nanny who lacks the funds to travel and who's sole purpose is to meet up with her American boyfriend. The presumption to uphold immigrant intent and deny the non-immigrant visa can prove to be overwhelming to a consular official.
Therefore, you may need to consider getting vaccinated 'or' get timely Covid19 tests in order to travel to visit her, and return, depending upon the nation that you intend to meet within. Otherwise, you may not be allowed to get on the plane.
Given the situation, it is usually in your best interests to meet her and petition her as a K1 fiance, due to the extreme processing delays. There are 'very limited exceptions' to avoid a meeting. An effort to file for this exception that is denied means that a second K1 will need to be filed, again. Upon admission, this will allow the two of you to spend some time together. This, in order to determine whether to get married. If there is a decision not to get married, then she will need to leave within the 90 day period. If there is a marriage, then additional paperwork may be filed.
It is best to find a competent and experienced immigration attorney who will review the situation. This will allow time to ask enough questions to help determine the best option.
OK you have several options. You can either have her apply for a visitor visa or a fiancée visa. If she applies for a fiancée visa it is required that you both physically meet before she can file her case. This meeting can take place anywhere in the world. Secondly, if she applies for a visitor visa, she can do so at the US consulate in China where she lives and works. If she files for a visitor visa, and travels to the United States, to visit you, but then after 90 days later changes her mind and you guys want to get married, then she can adjust status in the United States without going back to China. But of course she has to tell the truth. If she's coming here concealing her intent in order to really get married and not to visit, that would be not permissible. But people do change their minds and of course if that happens then she can adjust status to get her green card.
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