What visa to apply for B2 or K1?

UsherBhai

New Member
Hello everyone,,
I am engaged and a dual US/Romanian citizen and would like my fiance from Romania to visit me in the US for my last semester of college this coming fall, as well as have her be present at my graduation. Only a 4 month stay is involved, after which we both plan to return to our country permanently. We were planning to legally get married this summer either way, but also to give her a higher chance of approval as we would now be husband and wife, and perhaps make it seem that much mandatory that we'd have to stay together. However we will initiate our marriage about 1-2 weeks before she applies for the visa due to my fiancees schedule being busy from school. I do not want to make it seem that through marriage (which will seem hastily done right before she interviews) she will not have a reason to come back home, even though that is what we both intend at the end of our stay. Should we wait to marry later or before we apply for the visa?
OR should I petition for the K1 visa instead? We CAN get married once she gets here without any problems, but when I graduate we still plan to move back home permanently. SO, I don't want to make it seem like visa fraud and desertion if I sponsor my fiancee, then leave the country? I just want to get my fiancee to be here for me when I graduate. Which option should I take give the circumstances, and how should I execute that specific option if anybody would be so kind to tell me?
Any advice would mean a great deal to me; Thank you
 

SusieQQQ

Well-Known Member
K1 is for purposes of entering USA to marry and then get a green card, so it’s clearly not the right one if you are not planning to settle in the US. (It also takes about a year from application to issuance.) For a visit of up to 6 months, a B2 is the correct visa.
 

1AurCitizen

Registered Users (C)
With an expressed desire to move to Romania permanently, both the k1 and cr1 are not options. As Susie pointed out above, B2 is the correct visa for her to visit for your graduation. Is Romania not part of VWP?
 

SusieQQQ

Well-Known Member
Romania is not yet VWP eligible (if it was I’d have suggested shortening the trip to 3 months and using that, but that’s just hypothetical)

Whether she is a fiancée or spouse at time of B application, she is going to face scrutiny in either case (suspicion that she will just stay in the US with you), so she needs to take strong evidence of intention to return to Romania afterwards. Getting married before or after the interview is unlikely to have much impact on the outcome, it’s the proof of return needed.
 
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