World Journal Weekly Q & A - May 12, 2013

Q & A 1.

Q&A 1.

U. S. Citizen Son Wants to Marry Taiwanese Girlfriend – Can She Come Over on the Visa Waiver Program to Be Married?

A father asks:

My husband and I are naturalized U.S. citizens.  Our son was born and educated in the U.S..  His Taiwanese girl friend who works in Taiwan has never been in the U.S.     They are talking about marriage now.  However, we are wondering if she can come over using Taiwan-U.S. visa waiver program and get married in the U.S.  Can she adjust status in the U.S.?  If it is not feasible, what is the best way to do it? 

Dear reader,

It is not feasible to have your son’s girlfriend come over on the visa waiver program with the intent of being married. That is an abuse of the program and also constitutes misrepresentation when she comes to the States as she has no intention of going back within the allotted 90 days. Your son has 2 legitimate choices – either file for a K-1 fiancée petition on form I-129 F (assuming that they have met with in the past 2 years) or marry in Taiwan and petition for her permanent immigration. The K-1 fiancée route would probably take between 6 – 9 months and the immigrant visa route approximately one year.

Copyright © 2003-2014 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.