Apply for K-1 visa while foreign fiancee visiting the U.S ??

[maple_25 0]

I am a Canadian who has been visiting the U.S since January. I understand that I may visit here for up to 6 months of the calendar year so I intend to return to Canada in July. My fiance and I would like to apply for the k-1 visa. Can we do so while I am still here? Do I have to wait until I return to Canada? If we could start the process now that would be great because then I wouldn't have to be apart from him for so long when I go back to Canada!...it would only be for a few months. Anyone have any answers?? Thanks!

[star_shine 0]

Heyy

You know what i have no idea lol

myself i was in the USA for 6months.. and i ended up returning to canada and than we applied for our Visa..

we just didnt wanna risk anything...

im curious to see whats the anwser to that question lol!

Anyway Good Luck on YOur journey

[maple_25 0]

Ohh I want to hear all about your story! I was living in Montreal before I came down here. So when did you start the process? Is it complete now? Where is your boyfriend from? I am so hoping it will only take a few months!

[v333k 59]

I am a Canadian who has been visiting the U.S since January. I understand that I may visit here for up to 6 months of the calendar year so I intend to return to Canada in July. My fiance and I would like to apply for the k-1 visa. Can we do so while I am still here? Do I have to wait until I return to Canada? If we could start the process now that would be great because then I wouldn't have to be apart from him for so long when I go back to Canada!...it would only be for a few months. Anyone have any answers?? Thanks!

How did you enter the US? I am not sure if you apply while here they might give you a headache about entering the US with a different intent. Then you will have to deal with that each and every step of the way. I recommend you return to Canada and apply from there... then your process is "acceptable" to USCIS.

This is my opinion so I would recommend you wait and see if others agree or disagree with it since I am not very familiar with Canada/US relations...

[maple_25 0]

I entered with much trouble as I usually run into at the Vermont border unfortunately. It was January. My job had ended in Montreal and I decided to visit my boyfriend for up to the 6 months. I explained at the border how I was going to take a flight back to Buffalo and cross into the Toronto where I was going to relocate. I knew that it would all sound very suspicious to them so I actually booked a return ticket for February and showed him that to convince him to let me go across. lol I of course intended to return but I just wasn't sure exactly when at that time. I have to leave in July anyways, but I just wondered if I could finish my time here in the U.S. and go back to Canada, meanwhile getting the process started for the K-1 visa....I'm not sure whether that is even allowed?? Thanks for your advice v33k! You could be right.

[Trompe le Monde 1,107]

We applied while my husband was visiting me in the US and we had no problems whatsoever

not sure this thread belongs in Removing conditions

[maple_25 0]

I didn't realize it was in "removing conditions"! I'm new to the site. lol

So how long had he been in the U.S. before you applied? Did he have a visitors visa? How long did the process take? Did he have to go home before you obtained the visa? Did he have any trouble at all? I know I'm asking a lot of questions but I would like to know as much info as I can! Thank you "fool the world"!

[Kathryn41 3,205]

Moved from Removal of Conditions Forum to K-1 forum as it is a K-1 question

[pushbrk 12,569]

I am a Canadian who has been visiting the U.S since January. I understand that I may visit here for up to 6 months of the calendar year so I intend to return to Canada in July. My fiance and I would like to apply for the k-1 visa. Can we do so while I am still here? Do I have to wait until I return to Canada? If we could start the process now that would be great because then I wouldn't have to be apart from him for so long when I go back to Canada!...it would only be for a few months. Anyone have any answers?? Thanks!

A K1 visa MUST be applied for from OUTSIDE the USA. But, of course your fiance can file the petition to start the process. It doesn't matter where the foreign fiancee is when the petition is filed. You apply for visa in Vancouver or Montreal though, after the petition is approved.

Visiting the USA is not "living in" the USA. You'll want to avoid confusing those terms during the process. For instance your "address" will not be a US address.

We applied while my husband was visiting me in the US and we had no problems whatsoever

not sure this thread belongs in Removing conditions

Your husband filed a petition when you were visiting. Applying for a visa is done outside the USA. For K1, at a US Consulate or Embassy abroad.

[Nik+Heather 121]

Yes, you can start the K-1 process by filing an I-129f petition while the beneficiary (foreign citizen) is visiting the US. You'll likely be able to wait out a majority of the petition adjudication time together.

To understand the difference that Pushbrk is making in the previous post about filing, petitioning, petitions, applying and visas, check out the K-1 flow chart.

http://www.visajourney.com/content/k1flow

Although in casual language these terms can be used fairly interchangeably, in visa-speak they mean different things and apply at different parts of the process. There are two distinct phases of the K-1 - First the US citizen petitions by filing the I-129f + supporting documents then when the petition is approved (months later) the foreign beneficiary applies for the visa based on the approved petition.

You might also look at a CR-1 visa - get married now and file the I-130 petition. It is in many ways a superior visa to the K-1. Before selecting the K-1 be sure you understand the entire process all the way through getting a Green card.

Follow this link and start at the part where it says "Begin here" to see comparisons of your different options, then move on to looking at the K-1 flow chart that I referenced above on the same page. These guides will be invaluable to you when you have made the decision to file. http://www.visajourney.com/content/guides

[rushica03 2]

Hi,

Just wanted to share my experience. My fiance came in on his tourist visa in September and stayed about 5 months. We filed for the K1 visa while he was here and got approved about 2 weeks after he left. So sending the paperwork to file for the visa while your SO is here visiting you has no bearing on getting your NOA2 but of course as others mentioned your SO will have to go back to their country for the actual interview and visa approval