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By no name in K-1 Fiance(e) Visa Process & Procedures

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dirtyd301 Rising Star

dirtyd301   0

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted

I have never heard of that! I think that if that was legal most people would do that instead of putting ourselves through all this HELL!!! I am not a professional but you might want to consider another lawyer....or even applying on your own and save the money :D . GOOD LUCK to ya !!

Diana

My Timeline

K1

01/09/06- pakage sent to NSC

01/11/06- NOA1

03/16/06- NOA2 approved!!!

04/03/06- arrived at NVC

04/04/06- left NVC

04/08/06- received packet 3

04/11/06- sent packet 3 to Frankfurt

04/26/06- received packet 4

05/23/06- INTERVIEW at 9:30amAPPROVED!!!!

06/01/06- visa in hand!!!

06/08/06- married in Vegas!!!

AOS/EAD

06/24/06- sent AOS and EAD package to Chicago

06/27/06- Chicago receives package

06/30/06- NOA1

07/03/06- NOA1 received in the mail

07/17/06- biometrics appt. received in mail

07/25/06- biometrics in cleveland

08/30/06- case received at CSC

08/31/06- received a new NOA1 email

09/01/06- touched AOS

09/15/06- AOS APPROVED!! got email saying welcome letter was sent!!!!!!!!!!!!!!!!!!!!

09/20/06- welcome letter received!!! and approval email sent

09/21/06- touched and GREENCARD RECEIVED!!!!!

06/08/07- one year anniversary

06/08/08- two year anniversary

06/08/09- three year anniversary

Removal of Conditions

06/17/08- package sent to California

06/19/08- California receives package

06/19/08-NOA1

06/28/08-Biometrics appointment

07/28/08-touched

09/01/08-received non conditional green card

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raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

I totally agree with the previous posters. There is no legal way to enter the US on a visa waiver and then "change it" to a K-1 Visa. The only way to get a K-1 Visa is to apply for it, wait for approval, and then obtain it at the Consulate in the fiance's home country.

You can certainly apply for the K-1 and your fiance can wait in the US with you while processing is being completed, but the foreign fiance has to return to their home country for the medical exam and interview.

Good luck.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted

Among the conditions when you enter the US on the VWP is that it cannot be changed to another type of visa, nor can it be extended.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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no name Grand Master

no name   1

Posted
Filed: Timeline
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Posted

ok, thank you.

I have never heard of that! I think that if that was legal most people would do that instead of putting ourselves through all this HELL!!! I am not a professional but you might want to consider another lawyer....or even applying on your own and save the money :D . GOOD LUCK to ya !!

Diana

Thank you.

Among the conditions when you enter the US on the VWP is that it cannot be changed to another type of visa, nor can it be extended.

Great lawyer then, eh? :)

If he stays here on the VWP, he can't work, right? Is the timing still just as long to get the K1, like 7 months or so?

Thanks.

I totally agree with the previous posters. There is no legal way to enter the US on a visa waiver and then "change it" to a K-1 Visa. The only way to get a K-1 Visa is to apply for it, wait for approval, and then obtain it at the Consulate in the fiance's home country.

You can certainly apply for the K-1 and your fiance can wait in the US with you while processing is being completed, but the foreign fiance has to return to their home country for the medical exam and interview.

Good luck.

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rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted

The 'timing' is not predictable. It partly depends on which service center you apply thru - that is determined by where you live. You don't get to pick the one you want. It is also partly determined by the simple ebb and flow of the caseloads at the time you file.

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted
My lawyer mentioned my fiance coming in on a visa waiver, which can be changed to a fiancee visa after 60 days...

Does anyone know anything about this?

Did you perhaps misunderstand what was mentioned :unsure:

Some lawyers openly suggest coming on a visa waiver and then doing adjustment of status. Not a legal way of doing things by any means as there is intent on entry to immigrate. The 60 days is often thrown around then as being the optimal amount of time to wait to marry and then file, when adjusting status under those circumstances.

I would suggest doing things in a manner that is not going to run the risk of being denied based on intent to immigrate. Is it worth it?

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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lbbs Newbie

lbbs   0

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Filed: Timeline
Posted
Your lawyer is a moron. Sorry. I hate to think what it sounds to me like your lawyer is suggesting.

You don't 'change' visas. He can enter on the VWP and you can 'file' for his K-1 while you are here.

You don't "change" visas - yes. You also don't get the fiancee here and then apply for the K-1 either, which is a visa. Visa GETS YOU TO THE US. If your fiance comes on a vwp, and then you want to marry her/him, then marry her/him and apply AOS. Yes, a condition of the vwp is that you don't extend, apply for change of status, etc. etc. but vwp to AOS is often "overlooked/forgiven" but it is a chance you take. Or else the fiancee must return and wait for the appropriate visa to come back.

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silverbutterfly228 Enthusiast

silverbutterfly228   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

two words: NEW LAWYER

or... just follow the guides here as I personally think we combined are all smarter than a lawyer who charges WAY TO MUCH. If you have a straight forward case you don't need one. if not straight forward than lawyer might be good. :)

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
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devilette,

I agree with aussiewench - I think you misunderstood what the attorney said to you. If it was just mentioned, not explained in detail (or even if it was explained in detail) go back and ask for further explanation and don't be afraid to say, 'I don't understand, can you please re-phrase that?'

That's an important statement-question pair to keep in mind, pretending that you understand something you don't is a good way to foul things up.

Yodrak

My lawyer mentioned my fiance coming in on a visa waiver, which can be changed to a fiancee visa after 60 days...

Does anyone know anything about this?

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