K1 visa

[danimatt 0]

I would like to know: I am already in america with a B1 visa, if I apply for a K1 (fiance visa) how long time it take for them to reply me saying if I was approved or not? Does anybody can help me on that? Thanks a lot!!!!!

[Inky 1,110]

5 months or more. Then you have to have a medical and interview in your home country. Not sure how long that part is in your country tho.

[Anh map 2,098]

The petition will be approved and then the file sent to your home country where you will interview for the visa.

Check the Guides here on VJ for more information. http://www.visajourney.com/content/guides

[C and Lore 3]

I might add, if you are ready to marry your US citizen and you are here legally and have time remaining on your I-94 why not marry and adjust status (AOS). As long as you are prepared to show you didn't enter the country with the intent to marry it is not illegal to use this route. The only downside to this route would be if you need to return home immediately for school, job, or something you wouldn't be able to. If you file file for AOS and leave without obtaining a travel authorization (AP) your application for AOS would be considered abandoned. If you can be away from your country for a bit while you wait for the AP to be approved and sent to you this might be viable. Lastly be prepared to show much documentation that A: your relationship is real as its unlikely one could enter on a tourist visa and meet someone and decide to marry so quickly in the time allotted under this visa and B: be prepared you had absolutely no intention of marrying when you entered. They get people who use the tourist visa for this reason and it's considered visa fraud as you used the visa for a purpose in which is was not intended. Someone who had no intention of marrying when they entered the country but did so while they were here would not be visa fraud however it would be an uphill battle to prove.

I wish you luck in whichever route you chose. K-1 fiancee visa is still considered a high fraud category so be prepared with adequate proof even if you go that route.

Best of luck!

[danimatt 0]

Hi guys! Thank you for all the help!!!!

So, it seems like a good idea the AOS, specially because I dont want to go back to Brasil just for a interview there for the K1. Its too expensive, since I am here I would like to do things from here. Less cost....But let me explain my case better: Its my forth time here. I always come and go back to my country, but last year we start to talk more and fell in love, we ve been dating so far, and we have plans to get merry next year (june), we are getting serious, and we want to start a life together. We will deffinally get merry, but he is a missionary in a another country, and he has a contract signed for january until June,2011. He will be here for Chirstmans this year, that is when we are getting engaged. My visa expire on March,3. So we thought about getting a K1 visa, that way I can wait for him to return in June,and get merry!!!!I thought about k1 visa to not run out of status while I am waiting for him here.We could get merry in December and start the process to apply for AOS, but would it be ok for us to get merry and he is going to be gone for 5 months still? We really dont know which way to go...we do want to make sure we'll be together for good next year. Ps: We do have a beautiful story of love and a lots of proofs! Thank you for helping~

[FawkThisSite 13]

Let's rephrase that... Up to five months. There is no guarantee of when you will be approved. It can be as little as twenty eight days or up to/past five months depending on your case file.

Edited November 18, 2010 by xlbLoOdlx