Filling for K1 for a person who had H1B previously

[Tausif 0]

Hi, I just stumbled across this board while searching for an inquiry that I have, and I am so glad that I did. This seems like the best forum for immigration issues so I thought I should try to gather some info on my and my fiancé’s situation. Here is the issue:

My fiancé who was in the U.S on H1B (work) visa has left as her visa had expired. She left because she did not want to stay illegally in the U.S. even for a minute. Now my question be will it affect the amount of time it takes to process the K1 visa as I have heard that immigration officials launch an investigation to see if the person who is going to get the visa was ever in the U.S.A.

My fiancé: She is from India and was my co-worker for 3 years.

I really appreciate you taking time to explain to me with reference to this issue.

Thank you,

TK

[Zee Bee 61]

I don't think so. She left before her visa expired and complied by all the rules so she should be fine.

There are checks that are done on both petitioners and beneficiaries during the K1 process and the length of time it takes to complete the checks is dependent on many factors.

Welcome to VJ and good luck on your journey

[aleena 0]

There will be absolutely no interference with the K1 process if she departed the US when her visa expired.

It will actually help you as it will be easier for you to prove that you met in the last 2 years and have a bona fide relationship.

I strongly recommed that you send a copy of her passport and US visa with you paperwork as evidence of your relationship.

It would have been easier if you married while she was till on H1B... As far as i know that is a dual intent visa and she could have just done Adjutment of Status and got a green card...

[Tausif 0]

Wow, that was quick,Thank you.

Yes, she did abide by all the rules. Do you happen to have an idea how long does it usually takes for a person in India to get a K1 visa?

I don't think so. She left before her visa expired and complied by all the rules so she should be fine.

There are checks that are done on both petitioners and beneficiaries during the K1 process and the length of time it takes to complete the checks is dependent on many factors.

Welcome to VJ and good luck on your journey

[BexandAlan 0]

Your fiancee absolutely did the right thing and the USCIS will recognize that. People go to America on all kinds of visas, meet US citizens and fall in love. In my case it was the VWP but for some its HB1s and other B2's. It really doesn't matter.

As long as you have been together in the last two years and can prove the relationship is legit then you are good to go. You will need to give a statement about how you met when you file and in there you can include the details of her visa, including the date she left the US.

Congratulations on finding VJ you just made your life 100 times easier

Bex xxx

Edit - sadly there is no set time for any filer and trying to second guess USCIS can be a dangerous game. Check out the Immigration Timeline feature on the panel at the top of the page and you can view all the application times for petitions filed in India. You should also check out the regional forum as they will be able to give you a better idea of average processing times for Indian filers.

Edited June 18, 2008 by BexandAlan

[Tausif 0]

Thanks for the reply. I wish we had enough time before her visa expired for us to get married. A lot of things happened all of a sudden. So I guess we will have to go from end to end this tedious process. We are staying positive as this it is a learning process. Hopefully we will be able to help others with the shared knowledge that we are going to acquire while going through this whole process.

There will be absolutely no interference with the K1 process if she departed the US when her visa expired.

It will actually help you as it will be easier for you to prove that you met in the last 2 years and have a bona fide relationship.

I strongly recommed that you send a copy of her passport and US visa with you paperwork as evidence of your relationship.

It would have been easier if you married while she was till on H1B... As far as i know that is a dual intent visa and she could have just done Adjutment of Status and got a green card...

[Zee Bee 61]

Wow, that was quick,Thank you.

Yes, she did abide by all the rules. Do you happen to have an idea how long does it usually takes for a person in India to get a K1 visa?

I don't think so. She left before her visa expired and complied by all the rules so she should be fine.

There are checks that are done on both petitioners and beneficiaries during the K1 process and the length of time it takes to complete the checks is dependent on many factors.

Welcome to VJ and good luck on your journey

You may want to take a look at the timelines to get a general idea of the wait times. But as some else said, there is no hard and fast length of time. Each case is different and can be held up for multitudes of reasons.

[Tausif 0]

Your fiancee absolutely did the right thing and the USCIS will recognize that. People go to America on all kinds of visas, meet US citizens and fall in love. In my case it was the VWP but for some its HB1s and other B2's. It really doesn't matter.

As long as you have been together in the last two years and can prove the relationship is legit then you are good to go. You will need to give a statement about how you met when you file and in there you can include the details of her visa, including the date she left the US.

Congratulations on finding VJ you just made your life 100 times easier

Bex xxx

Edit - sadly there is no set time for any filer and trying to second guess USCIS can be a dangerous game. Check out the Immigration Timeline feature on the panel at the top of the page and you can view all the application times for petitions filed in India. You should also check out the regional forum as they will be able to give you a better idea of average processing times for Indian filers.

Thanks for the reply. And you're 1000% right about VJ making my life easier. You guys rock!

[Thai family 0]

We were concerned about a prior J 1 visa affecting my DIL's K-3 application. It does not appear to have had any adverse effect through the USCIS process. The case is now at the Bangkok embassy, and we will know more later. It should not be a problem when she shows her old passport and any other papers that show she did not violate the terms of the visa.

[Tausif 0]

Thanks for the reply. i already feel better

We were concerned about a prior J 1 visa affecting my DIL's K-3 application. It does not appear to have had any adverse effect through the USCIS process. The case is now at the Bangkok embassy, and we will know more later. It should not be a problem when she shows her old passport and any other papers that show she did not violate the terms of the visa.

[aleena 0]

We were concerned about a prior J 1 visa affecting my DIL's K-3 application. It does not appear to have had any adverse effect through the USCIS process. The case is now at the Bangkok embassy, and we will know more later. It should not be a problem when she shows her old passport and any other papers that show she did not violate the terms of the visa.

I had a previous J1 visa myself. We are also at the embassy stage.

Before filing for K1 i had obtained a waiver because i was subject to the 2 year home residence requirement. That doesn't have anything to do with the USCIS processing. But if your fiancee is subject to the same requirement they will tell her at the embassy. Is is not a reason for denial... but it might cause a delay if you need to get a waiver.

I really hope you are not in the situation that i described...

These J1 visas can be really tricky... But there is a way out...

Good luck with your interview!!!

aleena