What Type of Visa Can You Get for a Fiancée

Hello everyone,

My fiancée just completed her J1 program here in the United States and returned back to her home country, the Dominican Republic.

She is subject to the 2 year home residency requirement rule. We got engaged months before she returned to her home country and she is in the process of applying for a tourist visa.

We plan to get married soon, but my question is what type of visa should she apply for and should she even mention our engagement in the application process?

I have recieved advice to file for a I-130 and that would solve everything including her 2 year HRR (which I doubt).

We really want to avoid doing anything that could hurt us in the future. Any advice or suggestions would be highly appreciated.

Thank you,

You can't file an I-130 for someone who is not a relative. You need a I-129F petition so she can get a K-1 visa.

I answered the question procedurally here

http://www.expertlaw.com/forums/showthread.php?t=179391

Furthermore, once your soon-to-be wife (K1 visa holder) arrive in the US, the work is not over yet. The K1 visa is literally expired once she enters the US. Notice that in her visa it says “Entries (1)". Her visa is no longer in use except for some identification purposes. She's given a 1-94 card on his entry to the US, that is good for 90 days. Once that card expires, she must have done all the necessary paper work to extend her stay. You have to:

• Get a marriage license
• Get SSN
• Get married within 90 days (very important)
• You must file an AOS. Adjustment of Status if your future wife wishes to stay longer in the US beyond 90 days.

Check this link for more info about K1 visa: Durrani Law Firm