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B-2 Visa into a K-1 Visa?

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  • B-2 Visa into a K-1 Visa?

    If my friend comes to U.S. on a B-2 visa, can we apply for a K-1 while she is still in U.S? Of if we have applied for a K-1 visa while she is still in China, can she come into U.S. on a B-2 visa?

  • #2
    1. Not needed. Just get married.
    2. Yes, if they get it. But unlikely to get it.
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    • #3
      Originally posted by bendbrad
      If my friend comes to U.S. on a B-2 visa, can we apply for a K-1 while she is still in U.S? Of if we have applied for a K-1 visa while she is still in China, can she come into U.S. on a B-2 visa?
      Your friend, can not come on a B-2 visa with the intention of adjusting the status from non-immigrant to that of a permanent resident. That would be fraud.

      If it happens spontaneously (like, he/she did not know the person he/she married, before entering the USA) it would be fine... but it is certainly not OK to enter the USA as a visitor, claiming to come to visit for a few months... but actually know that you will get married and file for a GC.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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