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HollyAnn

Is a K-1 Visa needed for this situation

By HollyAnn in Adjustment of Status from Work, Student, & Tourist Visas

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HollyAnn Newbie

HollyAnn   0

Posted
Filed: Timeline
Posted

Good Afternoon,

I am new to all of this, so please bear with me. I just got engaged 6 days ago and my fiance is a UK citizen (he is from England) working in the United States on an E1 Visa and has been for the last 4 years. His E1 Visa expires in August. Where do we begin? Do we need to get married before the E1 Visa expires? Can his E1 visa be extended until we are married? If you can please help us, it would be greatly appreciated.

Thank you very much.

Mononoke28 Grand Master

Mononoke28   135

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

You can get married and adjust his visa while he's here in the US. Or you can get married and file for either a K3 or CR1 visa and then have him interview in London without letting his E1 Visa expire. Or you can file for his K1 visa, have him interview here and the adjust status after he uses it to enter the US.

As far as extending his E1 visa, that's a whole separate issue from family immigration and he would need to do more research on that.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

HollyAnn Newbie

HollyAnn   0

Posted
Filed: Timeline
  • Author
Posted
You can get married and adjust his visa while he's here in the US. Or you can get married and file for either a K3 or CR1 visa and then have him interview in London without letting his E1 Visa expire. Or you can file for his K1 visa, have him interview here and the adjust status after he uses it to enter the US.

As far as extending his E1 visa, that's a whole separate issue from family immigration and he would need to do more research on that.

Diana

Thank you for responding. So do we need to get married before his visa expires or can can we file for the K1 visa and then get married later?

KimandRuss Experienced

KimandRuss   0

Posted
Filed: AOS (pnd) Country: New Zealand
 Timeline
Posted

Since he is already in the U.S. and unless the visa he is travelling on has anything to prevent it (i have no clue about E1)... you can probably just marry and adjust status as long as there was no immigrant intent (plan to adjust status) when he entered the US the last time.

A K-1 is a fiance visa, so unless you want him to go back to his home Country and await the interview there (which I doubt) it's not the visa you need. ;)

Any overstay is usually forgiven but if this is now your intention you should start asap.

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