QUESTION
How can my Chinese girlfriend come back to the US, so we can get married and she stay here ?
Asked on Mar 30th, 2015 on Immigration - Arkansas
More details to this question:
In March this year my Chinese girlfriend came to see me for 15 days, we plan to marry in this time but do to many things going on, there was not time. She has return to China, but now we both want here to come back to the US. Is it legal for her to come to the US under a B1/B2 visa we marry she return to China to end her employment and so forth, or should we file a fiancé K1 visa
1 ANSWER
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B1/B2: Since she is planning on marrying you in the U.S., she cannot come under the nonimmigrant B2/B2 visa. Why? Because the B1/B2 visa is a nonimmigrant visa, which requires nonimmigrant intent - return to her country. Since she is planning on marrying you, she has immigrant intent - she will NOT return to her country but stay in the U.S
Since you are not yet married, the K-1 fiancee visa is he way to go.
Answered on Mar 30th, 2015 at 8:54 PM