K1 Advice

[sandiegosoleil 0]

If my fiance comes to visit me from the UK and enters the US on the visa waiver program, can we file for the K1 while he is here? I understand he will need to go back to the UK to complete the interview. I know entering the US on the visa waiver and then getting married here is fraudulent, so of course we don't want to go that route; I want everything to be done correctly.

Thanks in advance for your help!

[msu17 0]

Of course you can. What you can't do is have him come in, planning on getting married and then file for AOS. They don't know or care where either party is located at the time of filing.

[sandiegosoleil 0]

Of course you can. What you can't do is have him come in, planning on getting married and then file for AOS. They don't know or care where either party is located at the time of filing.

Perfect. that's great! Yes, I do not want to have him come over and then get married - big no no! Thank you!

[Penguin_ie 5,993]

Yes you can file when he is in the US- in fact it is a good idea, as you can fill out the forms together and four eyes are better than two when it comes to noticing mistakes