Can I apply for K1 Visa whilst in the US on Visa Wavier?

[Boy From Oz 0]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

[TerriandEric 4]

To file a K1 Visa you must return down here to Australia, you can't reside there while it is in process. Rest assured you are not alone in the process as we are all at some stage of the visa process.

Best advice is to read the Guides, most importantly, this one: http://www.visajourney.com/forums/index.ph...mp;page=k1guide

[Lioncub4 4]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

Hi There and welcome to Visa Journey! Yes, you can file the K-1 paperwork while you are there but you will have to return to Australia at the end of your 90 days. The initial petiton is filed by your fiance in the states and then the rest of the paperwork...packet 3, your medical, your interview is all done in Australia. Unfortunately, you two will have to be apart while the visa process goes on.

[Boy From Oz 0]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

Hi There and welcome to Visa Journey! Yes, you can file the K-1 paperwork while you are there but you will have to return to Australia at the end of your 90 days. The initial petiton is filed by your fiance in the states and then the rest of the paperwork...packet 3, your medical, your interview is all done in Australia. Unfortunately, you two will have to be apart while the visa process goes on.

Thanks for the reply!

It's nice to have found somewhere online where you can interact with real people!

I guess that's a good thing we can set the wheels in motion here. The going back to Australia part I guess is a necessary evil! Do you have any idea what sort of time frame we would be looking at?

[Lioncub4 4]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

Hi There and welcome to Visa Journey! Yes, you can file the K-1 paperwork while you are there but you will have to return to Australia at the end of your 90 days. The initial petiton is filed by your fiance in the states and then the rest of the paperwork...packet 3, your medical, your interview is all done in Australia. Unfortunately, you two will have to be apart while the visa process goes on.

Thanks for the reply!

It's nice to have found somewhere online where you can interact with real people!

I guess that's a good thing we can set the wheels in motion here. The going back to Australia part I guess is a necessary evil! Do you have any idea what sort of time frame we would be looking at?

Well, California approval is running about 3 months right now for approval and then it goes to NVC which it can take a week or two there and then on to Australia where I have no idea the wait time for an interview there. You are prolly looking at 6 mos. My fiance and I filed back on June 22 and he is currently waiting an interview date from London. I wish you the best of luck. Visa Journey has been very helpful since we started this journey.

[Gary and Alla 3,694]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

Your FIANCEE (do not let her find out about the girlfriend..there are NO girlfriend visas) can file the PETITION at any time. When the petition has been approved it will be forwarded to your home country consulate where YOU will apply for a K-1 visa.

So, yes, the petition can filed while you are here. And NO you cannot stay any longer than the VWP allows you to on your visit. You will need to return to your country for the medical exam and interview.

[JimVaPhuong 4,863]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

It sounds like you're primarily looking for a way to stay in the US beyond the 90 day limit of your visa waiver. Whichever sites you were using during your extensive research that gave you the impression that a K1 visa application was the solution, you should remove those sites from your bookmarks. They didn't help you much.

It will take 6 to 8 months, on average, to get a K1 fiance/e visa, presuming the qualifications are met and you can gather the required documents when needed. It's perfectly legal for your fiancee to submit the petition while you're in the US, but you have to return to Australia for the interview. Same for the K3 and CR1 visas (for spouses). None of these visas will provide any extension of your stay in the US. Look at the guides on this site (see the "Guides" link at the top of any page) to get an idea how the process works for each type of visa.

Bear in mind that the K1 visa ALSO only gives you 90 days in the US. In order to legally stay beyond that time you must get married in the US, and file for an adjustment of status. In fact, you have to declare that you intend to marry during the 90 day period in order to get the visa, since that is the intended purpose of the K1.

It's perfectly legal to visit under the VWP while you're waiting for the K1 visa approval, but the possibility of CBP refusing to allow you to enter is generally increased. Having a K1 visa petition or application in process establishes your immigration intent, and CBP will often view this as an increased risk of an overstay, or that you might intend to marry while you're here and apply for a greencard.

Pay particular attention to the bolded part above...

A foreigner who marries a US citizen in the United States CAN apply for an adjustment of status and obtain a greencard. They are allowed to remain in the US while waiting for the greencard application to be adjudicated. No special visa is needed, and you do not need to return to Australia. This accomplishes exactly what you're looking for - a way to stay indefinitely in the US. So why has nobody recommended this to you? Because it's a double-edged sword that cuts very deeply.

In order for this method to be legal, you must not have intended to marry and apply for an adjustment of status at the time you entered the US. Using a non-immigrant visa (or visa waiver) with the intention to immigrate is fraud. If you get married and submit a petition for a greencard, and USCIS determines you planned this before entering the US, then the greencard will be denied. What's worse - you could be banned from the US for life for immigration fraud. You'd need to convince USCIS that you did not intend to marry and file for a greencard at the time you entered the US, and that you had every intention of returning to Australia before your 90 day visit expired.

From what you describe, it sounds like you might qualify to marry and adjust status while in the US, since you didn't actually become engaged until after your arrival here. Convincing USCIS of this is another matter. Because of the enormous risk involved in taking this route, you should consult with a well qualified immigration attorney before considering it.

[pushbrk 12,823]

I am here in the US from Australia for the 2nd time in the past 2 years on a Visa wavier. I met my girlfriend last time I was here as a friend. I have been here over 2 months now and we met up in the first week of me being here. She is living with my friend I am staying with and we have been spending alot of time together. In this time we have become very fond and intimate with each other and developed an amazing relationship. My 90 day Visa Wavier is almost up and the thought of us being apart is quite upsetting. She has just the other day asked me to marry her and stay in the US. I am not to sure what position this puts me in. We have been researching heavily into this as my time is almost up. It would seem the K-1 Visa is the process we would have to go through to allow me to stay in the US, which I am more than happy to do, as we are very much in love and I personally am willing to reside here to be with her.

Can anyone offer advice on my status under the 90 day Visa Wavier and my circumstances. Do I have to leave the country to go through the process, or can we apply for a change to my status whilst being here in the US?

Any other advice on this subject would be greatly appreciated! Thank You

It sounds like you're primarily looking for a way to stay in the US beyond the 90 day limit of your visa waiver. Whichever sites you were using during your extensive research that gave you the impression that a K1 visa application was the solution, you should remove those sites from your bookmarks. They didn't help you much.

It will take 6 to 8 months, on average, to get a K1 fiance/e visa, presuming the qualifications are met and you can gather the required documents when needed. It's perfectly legal for your fiancee to submit the petition while you're in the US, but you have to return to Australia for the interview. Same for the K3 and CR1 visas (for spouses). None of these visas will provide any extension of your stay in the US. Look at the guides on this site (see the "Guides" link at the top of any page) to get an idea how the process works for each type of visa.

Bear in mind that the K1 visa ALSO only gives you 90 days in the US. In order to legally stay beyond that time you must get married in the US, and file for an adjustment of status. In fact, you have to declare that you intend to marry during the 90 day period in order to get the visa, since that is the intended purpose of the K1.

It's perfectly legal to visit under the VWP while you're waiting for the K1 visa approval, but the possibility of CBP refusing to allow you to enter is generally increased. Having a K1 visa petition or application in process establishes your immigration intent, and CBP will often view this as an increased risk of an overstay, or that you might intend to marry while you're here and apply for a greencard.

Pay particular attention to the bolded part above...

A foreigner who marries a US citizen in the United States CAN apply for an adjustment of status and obtain a greencard. They are allowed to remain in the US while waiting for the greencard application to be adjudicated. No special visa is needed, and you do not need to return to Australia. This accomplishes exactly what you're looking for - a way to stay indefinitely in the US. So why has nobody recommended this to you? Because it's a double-edged sword that cuts very deeply.

In order for this method to be legal, you must not have intended to marry and apply for an adjustment of status at the time you entered the US. Using a non-immigrant visa (or visa waiver) with the intention to immigrate is fraud. If you get married and submit a petition for a greencard, and USCIS determines you planned this before entering the US, then the greencard will be denied. What's worse - you could be banned from the US for life for immigration fraud. You'd need to convince USCIS that you did not intend to marry and file for a greencard at the time you entered the US, and that you had every intention of returning to Australia before your 90 day visit expired.

From what you describe, it sounds like you might qualify to marry and adjust status while in the US, since you didn't actually become engaged until after your arrival here. Convincing USCIS of this is another matter. Because of the enormous risk involved in taking this route, you should consult with a well qualified immigration attorney before considering it.

I would say that if your serious romantic relationship didn't even begin until after your arrival, you "probably" qualify to adjust status. While the burden of proof is on you, you would have a better knowledge of your intentions than we can determine from what you've written here. There are other pitfals as well. First, is that you actuall MUST remain in the USA after your marriage and AOS filing, until you obtain advance parole. Even the use of advance parole is iffy in your situation. So if you have any urgent business to attend to back home, this is not going to work.