K-1 visa questions

[kev74 0]

Hi Guys, I just returned to the US after getting engaged to my girl in UAE. I want to bring her on a K-1, after seeing the application process I must say that I am not only dissappointed that it will take 6 months...ouch! but it also seems really complicated I'm really glad that I found this community though, especially the K-1 guide is immensely helpful.

So yes, I have a few simple questions... do the photographs that we took together need to have a date stamp on it? I took them with my digital camera and it doesn't have the date. I have my boarding passes, hotel reservations, visa stamps etc. to show for evidence...do I need to notarize copies of these?

One more question, my fiancee does have a H1 visa that she can come here on, is that preferable to K1? I was thinking it could just complicate things because they may claim that she entered on the wrong visa with the intention to marry? She has been out of the US for the past 6 months but was previously here for the past 4 yrs.

Thanks again

Edited June 13, 2006 by kev74

[Vagina Journey 0]

do the photographs that we took together need to have a date stamp on it? No

I have my boarding passes, hotel reservations, visa stamps etc. to show for evidence...do I need to notarize copies of these? Nope they dont need to be notarized, Just make copies of them and send the copies in the 129f and keep the originals to be send off later for the interview.....Good Luck

[UmmSqueakster 54]

Waiting is a part of the visa process, unless you're lucky enough to have entered the US and then on the spur of the moment decide to get married. If you're going to file any marriage visa, be prepared to practice your patience Entering the US with any other type of visa with the intent to marry is a big no no.

Welcome to VJ and hope your journey is a smooth one.

[Kevin&Loan 0]

Kev74,

I hate to tell you this but the 6 months process will end up a little longer than that. Although some applications will go smoother and on time than others but the majority will expect somekind of delay. Especially nowadays with the new IMBRA law. During the whole process, you two need to stay focus, determined and patience. I have been there, I know ... Good luck to you.

[julia5k 0]

H-1B visa allows for dual intent, which means this visa holder may proceed with immigration process to adjust status. Normally this is done through employer. If she comes on H-1B, she has to work for the company, does she intend to do that? If she comes for work, and will work for the employer that filed for her, she may get married and then adjust status. Her primary visit to US has to be employment.

But if she gets in the country on H1b and does not go to work, and gets married - that's a no-no.

I am here on H-1b and met my fiance while here. The law does alow us to get married, and then for me to adjust status.

[kev74 0]

Thanks guys.

One question... if she can come on a B-2 tourist visa and I can file for I130/I485 adjustment of status after a few months why is that not preferable?

[kitkat1 5]

Thanks guys.

One question... if she can come on a B-2 tourist visa and I can file for I130/I485 adjustment of status after a few months why is that not preferable?

She could marry you while on a tourist visa but then she would have to go home and you would file the I-130 for her and wait out that process

She cannot use a tourist visa with the intent to get married and stay and then adjust status. That's why there's a K1 visa. The problem is that one of the main conditions of a tourist visa is the visa holder's sworn promise that they only plan to visit the U.S., not immigrate here. USCIS assumes that intent to marry a U.S. citizen is the same as an intent to immigrate. So if someone enters the U.S. as a tourist, without disclosing that they are a fiance and intend to get married, they have committed visa fraud. If the USCIS later decides that this is the case when you are in the middle of adjusting her staus, she can be deported and it would be almost impossible to come back.

So don't do it that way - everyone goes down that path of thinking but if is was possible, we all would have done it. Stick here, read the guides and you'll start to get a feel for the process. It's paperwork, attention to detail and lots of patience. But you can do it!

[meauxna 15]

One more question, my fiancee does have a H1 visa that she can come here on, is that preferable to K1?

Is she still in her H1-B status? Employed by the same company etc etc?

If so, that is the fastest way for her to return to the US. If she is no longer with that company, forget about it.

Since you ask about the B, I suspect that the H is a no-go. The B is a no go for immigrating with, as explained.

Are we back to the K yet?