my boyfirend (a UK citizen) and I have decided we would like to get engaged. I know that it could take a long time to process and receive the fiance visa and we want to set a date for our wedding. If he comes over to see me on a B-2 visa so he can propose and we can start planning the wedding can I apply for the fiance visa while he is still here? He will leave and go back to England at the conclusion of his 6 month stay (on his visitor visa) and not return until he gets his fiance visa. I don't want to wait to apply for the fiance visa until after he leaves because then we run the risk we won't get it in time for the wedding. He won't try to ENTER the US once we have applied for the fiance visa. Is this OK?
2007-01-20 09:34:58 · 10 answers · asked by MS 1 in Politics & Government ➔ Immigration
My answer to this is no you can't.
He can't change status to a K1 visa. He can't reside in the US on a B2 visa whilst waiting for the issuance of the K1.
He will have to go back to UK and then re-enter the US on a K1 visa.
I don't know how long he has left on his B2 , if it is still valid when you apply for the K1 then I would ask whether you need this written down on the application or not.
Before he goes to the embassy in UK (probably London) he will have to have a criminal background check through Scotland yard. That delays a few weeks.
k1 is a quicker way to enter the US nowadays. Only problem being on a K1 then change of status is that he will not be able to leave the US until his green card is issued, unless he asks for Advanced parole papers.
So make sure that he deals with any ties or loose ends from the Uk before he moves over.
After looking around, I have found some sites that states what I have said:
http://faq.visapro.com/Fiance-Visa-FAQ5.asp#Q13
http://faq.visapro.com/Fiance-Visa-FAQ6.asp#Q20
If you read here, it clearly states that a K1 cannot be issued in the US.
http://www.rapidimmigration.com/usa/1_eng_info_k1fiancee.html
Hope this helps.
From a Brit who also married an American :)
2007-01-20 15:37:33 · answer #1 · answered by cheery 4 · 1⤊ 1⤋
Its a very good plan, just be sure you give yourselves a generous amount of time for the visa to be processed before the actual wedding. There are no quarantee's with immigration and it could be an expensive mistake if you put deposits down for the wedding and then find out your fiance won't have the visa in time for the wedding. Many people have made this mistake.
Remember, even if your fiance is issued the K-1 before the wedding, your fiance will have 6 months before he must activate the K-1 and it expires.
2007-01-21 01:10:54 · answer #2 · answered by Alie 4 · 1⤊ 0⤋
If a person is coming to the U.S. for the sole purpose of marriage to a U.S. citizen *and* to adjust their status in order to stay in the U.S. permanently then the legal route is the K1. I say the legal route because coming to the U.S. as a visitor by either using the VWP or a B1/B2 visa with the intent to marry *and* adjust status is illegal. It will be up to the person who enters the U.S. to prove that this was not their intention when they entered the United States. The route which will avoid all future complication which may or may not arise is filing for the K1. The K3 is no longer the quickest or simpliest route like it used to be and in fact K3s are very rarely applied for anymore because it is a less efficient way of getting the end result which couples desire.
2016-05-24 01:54:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
My cousin went through exactly that procedure with his Mexican fiance and it didn't take long at all, so I don't think you have to worry about the time issue. In fact, I think he got it all done well inside of the 6 months you mentioned.
But, she had to be in Mexico at the time the visa application was pending and had to go to the US consulate in Mexico to process the paper work (one day).
One principle you have to be careful of. If you apply for a different visa than the one you have, they cancel the current visa while your application for the second is processed. You can not have two visas current or pending at the same time. I got caught on that one with my stepdaughter.
What is the hurry? You are only talking about one or two months so why not wait until the whole thing is done? Getting married is stessful enough without putting additional pressure on yourselves.
2007-01-20 11:19:00 · answer #4 · answered by acablue 4 · 1⤊ 0⤋
The petition for an alien fiance must be filed when the alien is in their country. The petition is usually approved quickly but the wait is usually delayed waiting for the State Department to act and issue the visa. The alien fiance(e) system is much faster than applying for an alien spouse here in the US, but if you are already planning a wedding there is no guarantee the alien fiance petition will be granted before the chosen date.
If he is in this country and wil stay here wait until after the wedding and apply for permanent residence for your spouse and skip filing the alien fiance(e) petition.
2007-01-20 09:51:57 · answer #5 · answered by Anonymous · 1⤊ 1⤋
A great way to get your ex back is https://tr.im/Pl0eK
They might realize they need you and come crawling back!
If you do get back together, don't let the same issues that destroyed your relationship crop up again. Have a good, long talk about how you're both going to make it right this time.
2015-02-02 12:26:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes
2007-01-27 12:19:19 · answer #7 · answered by George K 6 · 1⤊ 0⤋
Go for it
2007-01-20 09:41:31 · answer #8 · answered by Anonymous · 3⤊ 1⤋
yup, it's a good plan. ....should work out just fine!
2007-01-20 09:38:56 · answer #9 · answered by Anonymous · 3⤊ 1⤋
what are you gay it sounds like it
2007-01-20 09:42:53 · answer #10 · answered by Taylor K 1 · 0⤊ 5⤋