K1 fiancè visa

[kzielu 1,149]

I again disagree with this respectfuly. Lets Open that Can Of Worms like USCIS will later. The OP states: I really came to see my Fiance on a separate Visa than a K-1. There are exceptions as to marrying on a separate Visa when there was NO Intent to meet someone and marry here.

You are totally inaccurate here - she states she comes to see fiance - 100% legal. Nothing wrong with intent to meet someone (quote obvious she did not come to meet Statue of Liberty) either. USCIS will not open any can of worms - why would it ? Again, not sure when you read OP came here with intent to marry ? And to make it even more funny, intent to marry would be 100% legal too as long as she will not intend to stay. It is the immigration intent at the entry time that is not legal.

[Tim/Mav 305]

Read Between all the Lines what this Attorney is saying.

Hire Me!

[Tim/Mav 305]

You are totally inaccurate here - she states she comes to see fiance - 100% legal. Nothing wrong with intent to meet someone (quote obvious she did not come to meet Statue of Liberty) either. USCIS will not open any can of worms - why would it ? Again, not sure when you read OP came here with intent to marry ? And to make it even more funny, intent to marry would be 100% legal too as long as she will not intend to stay. It is the immigration intent at the entry time that is not legal.

I guess you did'nt read. She wanted to know if she could stay at first.

[Tim/Mav 305]

I guess you did'nt read. She wanted to know if she could stay at first.

I did'nt read well. The OP's post states: she knows she will have to return and wants to know what is best. K-1 or Spousal Petition. Under the circumstances of the Original Visa, I think the K-1 is best to avoid problems.

[kaleigha 3]

You should definitely do K1. I met with a lawyer when my fiance and I were just starting out, and he said that it is really risky to get married while my fiance is in the US because we wouldn't have the proper visa. He said that some people do it successfully, but for others, it does not work out well. You can start the petition anytime, so you can start it now and then you and your fiance would only be apart for a few months, and you can still visit while you wait to hear about your petition (my fiance has been here with me in the USA for 2 months and he leaves in a couple of weeks).

Also, I originally planned on using a lawyer who was going to charge me $4000 for the whole visa and adjustment of status process, but after looking at the paperwork required and talking with my fiance, we decided to go without the lawyer and save the money. The process may seem daunting at first, but if you really research how it works, then it is definitely easy to do it without a lawyer. And you have already found this site, which is extremely helpful.

It seems really difficult to be separated from the person you love, and it is, but in the long scheme of things, it is worth it to do it the right way.

[Casprd 167]

yes is B2 ..and I agree , i think I will to go through this way ( K1 ) , even if when I enter in USA , was not with the intention to get married .But you reason can be not so easy to explain .

thanks Sonia

You can also get married now while in the US and file for a CR-1 visa. The big benefits are you can still wait in the US until your visitor visa is almost expired just like the K-1. Then finish out the waiting period in Italy. The K-1 and the CR-1 both take about the same time to receive the Visa, but after re-entering the US, if you are on a K-1 you are not eligable for a green card until after you AOS. This means no work, often no school, no travel outside the US without AP and other restrictions. With the CR-1 you get the green card on entry so none of the restrictions. Cost is also an issue. People who say the K-1 is less expensive are only looking at one piece of the process. From start to finish (petition to AOS) the K-1 is significantly more expensive and it takes longer than the CR-1 from start to finish. It seems that many consulate VO's are much stricter for a K-1 visa as well. Probably not an issue in Italy however.

For my money, the CR-1 is always preferable to the K-1.

[Harpa Timsah 13,258]

To the OP - because you asked this question in the K-1 forum, you will get people saying that you should do K-1 (because that is what they are doing and that is what they are familiar with). Unfortunately, some of the posters here are not familiar with the rules and just are giving you scare tactics. As Anh map said, you can marry in the US now and stay here without going home, by filing for "adjustment of status." You can do this because you did not plan to get married and stay here when you came here. The US recognizes that in some cases it is overly bureaucratic to force people to go home to do consular processing. If you went home you would have to wait there for 8+ months, and might not be able to visit because you have already been here for 6 months this year. I personally, don't think that is worth it to fulfill an imaginary imperative that it's the "right way." From what you post here about your circumstances, filing AOS is also the "right way."

Here is the VJ guide: http://www.visajourney.com/content/i130guide2

Also, check out the AOS forum for more information: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Good luck.

[J and S 38]

People read, she already decided what she wants to do. But I also agree with the person who suggested CR-1. In the long run, it's less expensive AND the green card is in hand at arrival. If I could, I would have done this route, but I didn't want to get married over seas. Too late anyways, we sent in the paperwork. haha

[Harpa Timsah 13,258]

People read, she already decided what she wants to do. But I also agree with the person who suggested CR-1. In the long run, it's less expensive AND the green card is in hand at arrival. If I could, I would have done this route, but I didn't want to get married over seas. Too late anyways, we sent in the paperwork. haha

It appears to me she only decided that because she is unfamiliar with the processes and and is getting misinformation here.

All people should be fully informed before they make their decisions. The OP has a few options right now, and I think we can all agree the OP should make their own decision after being informed of the processes and determine what is best for them and their circumstances.

[san diego 407]

I think a lot of people here give advice on K1 because either they are unfamiliar OR because they feel that since they had to wait everyone else has to wait. People that suggest marrying and adjusting status here are absolutely right. Tim/Mav is absolutely wrong on all the points.

[J and S 38]

It appears to me she only decided that because she is unfamiliar with the processes and and is getting misinformation here.

All people should be fully informed before they make their decisions. The OP has a few options right now, and I think we can all agree the OP should make their own decision after being informed of the processes and determine what is best for them and their circumstances.

Which a lot are also debatable. People say what one can and cannot do based on the rules. Some people have known others in circumstances which contradict those, w/out necessarily knowing or sharing the details of the case.

Too many people with too many different opinions about which process will be right.

So at this point, I would say to OP read on all the different processes. Keep in mind what other people have said. Talk to your fiance, and decide to do which make you both feel most comfortable.

[Wishin-n-hopin 15]

I can sympathize with you, because none of us want to be separated from the one we love. It is so hard to be apart when you are in love. But...if you file for K-1 visa, you will need to leave and go back to Italy during the process. I just encourage people to use the time planning the wedding. You have much to look forward to and the time will go by so much faster if you are planning for your "big day". :-)

Do you need to hire a lawyer??? Well...that is up to you, but there are many of us on this website who have been able to file a petition for a K-1 visa without a lawyer. If you follow the guidelines (see the "Guides" tab at the top of the page) on this website and ask questions when you are unsure of something, there are lots of people who will help you through this process. In the end, it will save you THOUSANDS of dollars.

Look at this: You use a lawyer to file your petition - it will cost you a couple thousand dollars...

OR....you can do it yourself and it will cost $340!

If you are unsure, you can always use a lawyer. But, I spent a lot of time researching on this website and asking questions of others when I needed help understanding things...and my petition was approved and now we are waiting for my fiance's interview at the embassy. I'm convinced that anyone can do it without the help of a lawyer, unless your relationship is very complicated in some way. Just research and ask questions and you'll be fine. Best of luck to you!

[kzielu 1,149]

R because they feel that since they had to wait everyone else has to wait.

That's exactly it - for at least few posters here.

[Wishin-n-hopin 15]

Just let me add one more thing:

As for staying here, getting married and filing for a CR-1...it looks like it is possible, but I am not the one to answer regarding that process, because that is not the way I chose to go. My fiance went back to Scotland and we filed for a K-1, simply because I was afraid that it wouldn't work the other way (immigration authorities scare me...so I decided to "play it safe" and file the K-1 and wait).

[kzielu 1,149]

Just let me add one more thing:

As for staying here, getting married and filing for a CR-1...it looks like it is possible, but I am not the one to answer regarding that process, because that is not the way I chose to go. My fiance went back to Scotland and we filed for a K-1, simply because I was afraid that it wouldn't work the other way (immigration authorities scare me...so I decided to "play it safe" and file the K-1 and wait).

Of course it is not possible - filing for CR1 does not do anything status wise so OP would have to leave whenever the I-94 expires (not mentioning that beneficiary need to eventually show up at its own embassy for the interview).