Best case scenario.....HELP!!!

[rfuly]

Hi there,

My girlfriend's divorce is not yet final (it may take a few more months for that to happen), so that prevents us to pursue a K1 visa. However, as soon as her divorce is finalized we want to get married and have her and her 8 yr old daughter come to the US.

I would like some input in trying to making a decision on which one of the scenarios below is the best approach:

1) We get married in Brasil, and apply for the K3 Visa right away. However, my question is, can she enter the US with a turist visa and wait for the approval here with me, even if she has to go back for the interview?

2) She comes to the US with a turist visa, we get married after a while and then put the paperwork through directly

Thanks for any input anyone may have on this issue.

R. Fuly

[PraetorianXI]

1) is the only legal way you can do this.

she can not enter with a tourist visa with the intention of marrying and filing for her GC.

[rfuly]

Thanks, but can she stay here with me while we wait for the approval? We would already be married in Brasil.

[PraetorianXI]

she will VERY LIKELY be denied entry because she has immigrant intent.