K1 Visa if she is already here?

[phenixdragon 0]

My fiancee is here on a student Visa, but in 2 weeks it is set to be cancelled. She was living Au Par but just couldn't stand the family she was with and we where set to get married in a week, but that has changed. She is from Romania and wants at least her mom to be at the wedding, which now we are talking 2-3 months from now instead of just heading to Vegas to get married. So she is freaked out about her Visa status on what to do. She doesn't just want to go get married and we both don't want her to have to go back to Romania to get a K1 Visa.

So can she obtain a K1 Visa while in the US? Or is there another Visa out there for her?

[payxibka 10,045]

My fiancee is here on a student Visa, but in 2 weeks it is set to be cancelled. She was living Au Par but just couldn't stand the family she was with and we where set to get married in a week, but that has changed. She is from Romania and wants at least her mom to be at the wedding, which now we are talking 2-3 months from now instead of just heading to Vegas to get married. So she is freaked out about her Visa status on what to do. She doesn't just want to go get married and we both don't want her to have to go back to Romania to get a K1 Visa.

So can she obtain a K1 Visa while in the US? Or is there another Visa out there for her?

If she is here she does not need a visa... visas are for entering the US and are only issued abroad.

In your situation you need to get married and then the USC files an I-130 and the alien files an I-485 (greencard) and an I-765 (interim employment). Best if she simply remains here until greencard

Edited August 25, 2008 by fwaguy

[pushbrk 12,979]

My fiancee is here on a student Visa, but in 2 weeks it is set to be cancelled. She was living Au Par but just couldn't stand the family she was with and we where set to get married in a week, but that has changed. She is from Romania and wants at least her mom to be at the wedding, which now we are talking 2-3 months from now instead of just heading to Vegas to get married. So she is freaked out about her Visa status on what to do. She doesn't just want to go get married and we both don't want her to have to go back to Romania to get a K1 Visa.

So can she obtain a K1 Visa while in the US? Or is there another Visa out there for her?

If she is here she does not need a visa... visas are for entering the US and are only issued abroad.

In your situation you need to get married and then the USC files an I-130 and the alien files an I-485 (greencard) and an I-765 (interim employment). Best if she simply remains here until greencard

Generally, I would agree but depending on the visa category she's now under, this process may be forbidden. What kind of visa does she have? If a J1 visa, it may have a two year home stay requirment. If not, then yes, overstays are forgiven when a USC's spouse adjusts status. Most "nannie visas" also prohibit AOS.

Edited August 25, 2008 by pushbrk

[1HappyGuy 45]

I think that you will need to get married before you can apply for adjustment of status (AOS). Since her visa is set to expire you could have a problem if she overstays her visa. A consultation with a competent immigration attorney might be worth the money to insure you follow the proper procedures. The USCIS recognizes that foreigners visit America and sometimes meet and fall in love. This is natural. But, they also do not look kindly on someone overstaying their visa period.

Applying for a K-1 visa while your fiancee is here in America is fine, but she will need to return to her home country for the time being. However, if you are married, then she will need to apply for (AOS) and go through a different process. I don't believe she will be allowed to stay unmarried pass her visa period.

[payxibka 10,045]

Generally, I would agree but depending on the visa category she's now under, this process may be forbidden. What kind of visa does she have? If a J1 visa, it may have a two year home stay requirment. If not, then yes, overstays are forgiven when a USC's spouse adjusts status. Most "nannie visas" also prohibit AOS.

Au Pair's arrive on a J-1 not subject to 2 yr. HRR. The AOS restriction is going directly from J-1 to LPR without the benefit of a marriage to a USC. With a marriage to a USC they can adjust based on an approved I-130.