Fiance already in USA on another visa

[jth+kdr 0]

I'm trying to get a few, what I think, simple questions answered:

1. My fiance is currently working under a non-immigrant work visa in the USA called E3 which is strictly for Australians. What do we do now that we are engaged and he has been living in the US for 3 years? (has also worked under student visa while doing his masters degree, has a social security card already....)

2. Does K1 even apply since he is already IN the country living and working legally? Or does he need to apply for K3 after we get married since he is currently legally in the country?

3. Where do we start? Any ideas? Anyone out there who's foreign fiance already lives in the US?

I look forward in hearing back from anyone as I feel a bit lost in the dark here. I might be looking in the wrong places on the visa websites.

Regards,

Janele

[Carlawarla 1]

Did you meet after he already came to the US to work? If so, you could now marry and he could adjust status while here. He's not to leave until the process is finished however.

Edited February 18, 2009 by Carlawarla

[Kez/JWolf 6]

Did you meet after he already came to the US to work? If so, you could now marry and he could adjust status while here. He's not to leave until the process is finished however.

It makes no diffrence if they met before or after his entry to the US. He has been in the US for 3 years, it is not like he arrived last month and is now looking to adjust his status.

To the OP you need to read the guide here http://www.visajourney.com/forums/index.ph...page=i130guide2 A K1 visa is to get someone entry to the US so that you can marry. You do not need a visa he already has a valid visa to be here. You just need to get married and then file for I=130 and AOS.

[payxibka 10,047]

I am moving to AOS forum as the facts appear better suited for the I-130/I-485 path

[jth+kdr 0]

So it seems that we CAN marry on his current E3 non-immigrant work visa, then apply for the I-130, then AOS. Will USCIS be helpful at all if I have questions? Should I hire an immigration attorney? Is it possible to do this all on our own?

[payxibka 10,047]

So it seems that we CAN marry on his current E3 non-immigrant work visa, then apply for the I-130, then AOS. Will USCIS be helpful at all if I have questions? Should I hire an immigration attorney? Is it possible to do this all on our own?

you asked three questions

1) maybe, 2) your choice, 3) yes, it could be possible