Q: Can I apply for a fiance visa if my girl friend is visiting on a B2 tourist visa?
I met a girl online in venezuela. I'm working on getting her a B2 tourist visa to come to the US so we can meet. She's doing that in colombia. Once she is here visiting me and we develop a relationship, it is possible that I might decide to marry her. But no guarantee.
I wouldn't do that while she has a B2 visa. But if I decide to do so, could I apply for a fiance visa while she is here on a B2 and keep her here?
A: Unfortunately, while you could start the process of the fiancee visa, you cannot change her status from B-2 to K-1 (fiancee) from the USA. K-1 visas are only issued abroad. As you state, you might decide to marry her. If that occurs, consider contacting an attorney to discuss.
A: If the intention is to only visit and after entering the USA that intent CHANGES to deciding to marry, then USCIS will be sympathetic to that and may allow her to adjust here. But if the marriage occurs before 90 days I guarantee you will have problems. My advice is to retain counsel if and when you both decide to get married when she visits.
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