Q: K-1 or I -130
My fiancé is from Brazil and I from the states. We were planning to apply for the fiancé visa to start the process of having him move here, but I just heard about the I-130 form. He will be visiting on a tourist visa soon, so if we signed marriage papers then and he then went back to Brasil, would the I-130 be a better option for us since we will then be married or should we just do that fiancé visa process and sign our marriage papers during that?
A: If you get married and then filed an I-130, you would not have to go through the (1) fiancee visa process and (2) then the marriage green card process. Please see https://www.shusterman.com/greencardsthroughmarriage/
A: Yes, that is possible. You have to be careful, though, because if your fiancé comes on a tourist visa, which is for temporary stays, but ends up getting married, which suggests he plans to stay in the US for the long term, that could raise red flags with the immigration bureaucracy. You might want to sit down with an immigration attorney to discuss this.
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