Can my fiance still be in the U.S. when I file for the K-1?

[branbran_dollie 0]

Hello everyone,

My fiance is here legally through the au pair nanny service and will be here until October. We are leaning toward doing the K-1 fiance visa, and I was hoping someone could tell me if they know if I am able to file for the K-1 while she is still in the U.S. We are hoping maybe then our time apart will not be quite as long. Or is it simpler to marry now while she is here and apply for the K-3 visa (Or is it the I-130?)? We have just decided that we may not want to do that if that means she cannot leave the country until the visa process goes through. Any recommendations? We are just starting to look into this whole process and feeling a bit confused, though still very much in love.

Thank you!

[DA BOMB 1]

yes

[YuAndDan 153]

FAQ: 3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

[DA BOMB 1]

If your fiance is already here then why would you need a visa? Just marry and adjust status.

[YuAndDan 153]

If your fiance is already here then why would you need a visa? Just marry and adjust status.

True, her intent upon entry was not to immigrate.

There is a guide for this: http://www.visajourney.com/forums/index.ph...page=i130guide2

An I-130 needs to be filed together with the I-485, and the fees for both need to be included.

[SapphireDreams 71]

If your fiance is already here then why would you need a visa? Just marry and adjust status.

Agreed, especially if you met AFTER she arrived.

[rebeccajo 14]

Unless she's on a J1. Some aupairs are.

[pushbrk 12,824]

Unless she's on a J1. Some aupairs are.

Yeah, that can throw a monkey wrench into the works if it works like a crew visa. Are you sure though on the J1. It isn't dual intent but the adjustment would be based on the marriage, not the J1.

Nothing about her circumstances prevents her from leaving th US at any time. The issue is returning. If you do file for any fiance(e) or spouse visa, she'll still need to leave before her I-94 expires and is unlikely to be able to return before the visa process is complete.

[rebeccajo 14]

Unless she's on a J1. Some aupairs are.

Yeah, that can throw a monkey wrench into the works if it works like a crew visa. Are you sure though on the J1. It isn't dual intent but the adjustment would be based on the marriage, not the J1.

Nothing about her circumstances prevents her from leaving th US at any time. The issue is returning. If you do file for any fiance(e) or spouse visa, she'll still need to leave before her I-94 expires and is unlikely to be able to return before the visa process is complete.

If it's a J1, there may be a two year home residency requirement.

And then again there may not.

It's flip for people to idly advise staying and adjusting. Anyone considering such an action needs an attorney consult, not the advice of VJ'ers.