Visa to enter the US and get married...K1/K3

[dimples 9]

Hello All,

I would love to get some advice. My boyfriend and I are planning to get engaged, I am currently in the US on a B1 tourist visa. I will leave to return to my home country. We would like to get engaged before I leave which will be in December and upon my return in Feb plan to get married a few months later.

Just need to know what the best way to start this process...Should we apply for the K1 visa now so that its approved by the time I am ready to return. I REALLY want to work so I want to know if K1 is the best visa to apply for to start that process, in addition the fastest.

Also, we initially met when I was here working on a J1 visa, which did have the 2 year residency requirement..I have already applied for the J1 visa waiver and received a favorable recommendation..just waiting for the letter of approval. I know we need to get this process started just need

some advice as to what to do next.....

[Gemmie 142]

If this engagement was genuinely unplanned when you entered the US, you can choose to stay in the US while you file for AOS - adjustment of status - and if approved, receive the right to live and work there.

If you HAVE to leave for your home country before getting married, read the guides to see which visa is right for you. K1 allows you to move to the US and marry, followed by filing for AOS. Although if you really need to work within the first 3-6 months of arriving in the US, then perhaps a spousal visa would be better.

[baron555 934]

Hello All,

I would love to get some advice. My boyfriend and I are planning to get engaged, I am currently in the US on a B1 tourist visa. I will leave to return to my home country. We would like to get engaged before I leave which will be in December and upon my return in Feb plan to get married a few months later.

Just need to know what the best way to start this process...Should we apply for the K1 visa now so that its approved by the time I am ready to return. I REALLY want to work so I want to know if K1 is the best visa to apply for to start that process, in addition the fastest.

Also, we initially met when I was here working on a J1 visa, which did have the 2 year residency requirement..I have already applied for the J1 visa waiver and received a favorable recommendation..just waiting for the letter of approval. I know we need to get this process started just need

some advice as to what to do next.....

If you come back here with the B1 visa, which is for tourist purposes and intend to get married (as you have just stated) that constitutes visa fraud.

If you file now for a K-1, then that is OK. You may or may not be able to re-enter in Feb depending on your ties to prove your return to your country.

If you come in on the B-1, get married and then leave, that is OK but you may raise eyebrows at the AOS interview since your intentions were to get married but you came on a tourist visa.

Hope this makes sense.

[Gary and Alla 3,694]

If this engagement was genuinely unplanned when you entered the US, you can choose to stay in the US while you file for AOS - adjustment of status - and if approved, receive the right to live and work there.

If you HAVE to leave for your home country before getting married, read the guides to see which visa is right for you. K1 allows you to move to the US and marry, followed by filing for AOS. Although if you really need to work within the first 3-6 months of arriving in the US, then perhaps a spousal visa would be better.

This is correct. If you must leave, then I would advise getting married now and filing for a CR-1 visa. I doubt if you filed a K-1 it would be finished and ready fro you when you return in February. You can visit during the CR-1 process, just be sure to bring evidence you will return.

[dimples 9]

Hello All,

I would love to get some advice. My boyfriend and I are planning to get engaged, I am currently in the US on a B1 tourist visa. I will leave to return to my home country. We would like to get engaged before I leave which will be in December and upon my return in Feb plan to get married a few months later.

Just need to know what the best way to start this process...Should we apply for the K1 visa now so that its approved by the time I am ready to return. I REALLY want to work so I want to know if K1 is the best visa to apply for to start that process, in addition the fastest.

Also, we initially met when I was here working on a J1 visa, which did have the 2 year residency requirement..I have already applied for the J1 visa waiver and received a favorable recommendation..just waiting for the letter of approval. I know we need to get this process started just need

some advice as to what to do next.....

If you come back here with the B1 visa, which is for tourist purposes and intend to get married (as you have just stated) that constitutes visa fraud.

If you file now for a K-1, then that is OK. You may or may not be able to re-enter in Feb depending on your ties to prove your return to your country.

If you come in on the B-1, get married and then leave, that is OK but you may raise eyebrows at the AOS interview since your intentions were to get married but you came on a tourist visa.

Hope this makes sense.

Thanks for your reponse....Once I leave in December I don't plan on returning on a B1 visa and get married...I am just trying to consider what the best visa would be to return on..it looks like it might be the K1...is it possible to get a temp. work permit on this visa? Do I need to be back in my home country while this visa is being processed...currently in California..

[Gemmie 142]

The K1 visa is a one-entry visa. As soon as you enter the US with it, you have 90 days to get married, and must then apply for AOS to gain the green card.

Since the green card takes 4-6 months, you can also file for the Adanced Parole Document (if you need to leave the country and get back in while your AOS is pending) and the EAD card (employment aithorisation while your AOS is pending). These extra documents take roughly 2-4 months from filing. You cannot work until you have that EAD in hand.

You don't need to be in your home country while the K1 is being processed UNTIL the last few stages. You'll need to gather some documents and attend a medical exam and interview before you're granted the visa. So for example, I could stay in the US until my case was sent to London, and then travel home to take care of the last bit.