K1 fiancè visa

[pollina75 0]

Hi all ,

I am Italian and I am in the US since end of April 2011 with an holiday visa x 6 months .

I came here cause in love with an American guy , but asked for an holiday visa first cause we wanted to spend some time together.

Now after some months together we don't want to be one without the other anymore but at the end of October my Visa will expire and I have to go back to Italy .

We were thinking about a fiancè Visa ..and then get married as soon as possible , but from other topics and internet we realize that is not so quick as we hoped ..at least 4/6 months .

Some friend suggested us to get married while I am here , but I am not sure it can be the safer way .

So I am now a little bit confused about what to do ..and I am not sure if could be easier ask help to an immigration lawyer or not .

Hope that someone of you can give me some kind good suggestion .

[Ryan H 3,812]

The form I-129F for K1 visa can be filed anytime by the USC. The process can begin before your authorized stay expires. As you are already aware, you will need to leave when your authorized stay ends.

[Anh map 2,098]

You can marry and the adjust status. You will not be able to leave the US before the adjustment of status is complete.

Read the Guides here and choose the path that is best for the both of you.

[pollina75 0]

The form I-129F for K1 visa can be filed anytime by the USC. The process can begin before your authorized stay expires. As you are already aware, you will need to leave when your authorized stay ends.

thank you !! so you think i don't need to proceed with any layer ?

You can marry and the adjust status. You will not be able to leave the US before the adjustment of status is complete.

Read the Guides here and choose the path that is best for the both of you.

thank you . will read the guide .

[Tim/Mav 305]

The form I-129F for K1 visa can be filed anytime by the USC. The process can begin before your authorized stay expires. As you are already aware, you will need to leave when your authorized stay ends.

I'm going to agree with Ryan on this. And disagree with Anh Map for these specific issues that will arrise later if you Marry on a Visitors Visa (when you stated I came really to see my Fiance) and now want to stay. If your Passport shows a Visitors Visa, Holiday, whatever and your true intent was to see your fiance and Marry and looking for a Loop-hole. To the System. RED FLAGS.

While your together get your paperwork together for either a K-1 or a Spousal Visa but you will still have to return to your Country and wait as we all do. You see, your real intent on your Visa was to see your fiance but you marked Visitor/Holiday (never heard of a 6 month Holiday Visa but I don't know everything.) How are you going to explain to USCIS this later? I strongly encourage Ryans advice and get your K-1 Petition going and Do not Attempt what you know is wrong or you would have never have asked "If We Know A Loophole." There is No answer to this but to me and I wish you luck would appear to be Visa Fraud and give your Fiance a big kiss if deported and banned. PLAY IT SAFE. Love Requires Rules and so does the System with USCIS.

I'm courious what Gary and Pushbrk will say. Just my thought.

Good Luck

[arwen 8]

I agree! I think you should come back to Italy and do it the proper way. The last thing you want to do is piss immigration off. You lied about your motives (entering the states) and as far as they are concerned, you may be lying about other things too. They take lying very seriously. If I were you, I would go the K1 route. If you don't mind me asking, what kind of visa did you get? Was it a B2?

Arwen

[kzielu 1,149]

Why do you assume she lied ? She may have come with no intent to marry and therefore marriage and AOS on B2 is perfectly legal. Also it is USCIS that needs to prove the intent at the entry time, not the petitioner / beneficiary that need to prove there was no intent.

[arwen 8]

Why do you assume she lied ? She may have come with no intent to marry and therefore marriage and AOS on B2 is perfectly legal. Also it is USCIS that needs to prove the intent at the entry time, not the petitioner / beneficiary that need to prove there was no intent.

Ok, I'll refrase that. Immigration may think she lied. ( it makes no difference to me whether she did or not) She got a holiday visa.. probably didn't mention her boyfriend at the port of entry. This could be a red flag. A friend of mine in the Military did something similar to this and his wife got denied when trying to adjust status. She had to return to Spain. Yeah...she got to the US in the end, after about a year and a half and spending thousands because they then had to get a lawyer! If you say it's legal and can guarantee she won't have any problems..ok, I'll say nothing more. This is why I asked her what visa she entered on as most Europeans enter on a Waiver-which is good for three months only. No offense was meant!

[pollina75 0]

I agree! I think you should come back to Italy and do it the proper way. The last thing you want to do is piss immigration off. You lied about your motives (entering the states) and as far as they are concerned, you may be lying about other things too. They take lying very seriously. If I were you, I would go the K1 route. If you don't mind me asking, what kind of visa did you get? Was it a B2?

Arwen

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

[arwen 8]

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

I know... I would hate you to encounter any problems further on down the road, but I then again I don't know much about the B2 visa, so I can't comment on that. If you need any help regarding the K1 don't hesistate to ask...capisco Italiano!

[pollina75 0]

I know... I would hate you to encounter any problems further on down the road, but I then again I don't know much about the B2 visa, so I can't comment on that. If you need any help regarding the K1 don't hesistate to ask...capisco Italiano!

Thank you so much for your suggestion , I appreciate it and well I agree ...i don't want to risk .

Last month I have been to an immigration lawyer for a consult about my Visa , cause i was already in contact with the lawyer I sent some emails asking about K1 .

She should send me the agreement ( in case I will decide to proceed with her ) , but she anticipate me the cost :

500$ to open my case and fill the Form I-129F

500$ to send the form

and she told me the the total cost till the end of the process will be around 3500 $ .

what do you think ?

what would be the cost if I will proceed without lawyer .

I am just worried ( in that case ) to make some mistake in the form or maybe to loose more time .

( pensa , sono in America da tre mesi e sei la prima persona con cui posso parlare italiano !! :-) )

Grazie ancora

[J and S 38]

Thank you so much for your suggestion , I appreciate it and well I agree ...i don't want to risk .

Last month I have been to an immigration lawyer for a consult about my Visa , cause i was already in contact with the lawyer I sent some emails asking about K1 .

She should send me the agreement ( in case I will decide to proceed with her ) , but she anticipate me the cost :

500$ to open my case and fill the Form I-129F

500$ to send the form

and she told me the the total cost till the end of the process will be around 3500 $ .

what do you think ?

what would be the cost if I will proceed without lawyer .

I am just worried ( in that case ) to make some mistake in the form or maybe to loose more time .

( pensa , sono in America da tre mesi e sei la prima persona con cui posso parlare italiano !! :-) )

Grazie ancora

The vast majority of people on this forum proceed through the process without a lawyer and get the visa.

You will save yourself thousands of dollars.

Was the 3,500 estimate JUST the lawyer fee?

Don't forget, you'll also be paying USCIS $340 for filing the petition, the appropriate embassy $350 for the visa/interview, and $985 to adjust status after the marriage, and $85 for the biometrics fee for the Adjusting of Status.

Personally, if you and your fiance are confident in being able to fill out the paperwork and follow directions, then don't use the lawyer unless a problem comes up.

Also, I have seen several comments on people who have used a lawyer and they still get an RFE (Request For Evidence). So having a lawyer does not insure anything.

Then you'll be able to save the rest of the money for the wedding or a honeymoon. And if you have questions, this forum is a great free resource.

Goodluck

Edited August 4, 2011 by J and S

[arwen 8]

Sonia, You and your fiance are quite capable of doing it all by yourselves. You do not need a lawyer if you have a clean slate. It seems a lot more difficult than it actually is. It is quite straight forward and we had no problems at all! You need to wait patiently and there are a lot of forms to fill in. There is everything you need to know right here on this site. Step by step instructions for the K1. You will just have to pay the required fees which in our case was 400 dollars for packet number one, 269 euros for packet 3. 150 dollars for Fed ex (when he sent me all the original documents) 160 euros for medical exam.

300 euros for 3 days in Napoli to attend my interview. (all interviews are held in Napoli)

Ciao, Arwen

[bigdog 376]

Hi all ,

I am Italian and I am in the US since end of April 2011 with an holiday visa x 6 months .

I came here cause in love with an American guy , but asked for an holiday visa first cause we wanted to spend some time together.

Now after some months together we don't want to be one without the other anymore but at the end of October my Visa will expire and I have to go back to Italy .

We were thinking about a fiancè Visa ..and then get married as soon as possible , but from other topics and internet we realize that is not so quick as we hoped ..at least 4/6 months .

Some friend suggested us to get married while I am here , but I am not sure it can be the safer way .

So I am now a little bit confused about what to do ..and I am not sure if could be easier ask help to an immigration lawyer or not .

Hope that someone of you can give me some kind good suggestion .

You can marry and apply for adjustment, but cannot leave. see the links and make your right decisions.

Link to K Visa Required Documents in HCMC

Link to CR1 Immigrant Visa Required Documents

Current I-864P Poverty Guidelines

[Tim/Mav 305]

You can marry and apply for adjustment, but cannot leave. see the links and make your right decisions.

Link to K Visa Required Documents in HCMC

Link to CR1 Immigrant Visa Required Documents

Current I-864P Poverty Guidelines

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. These cases may require an Attorney just to prove that alone. The Attorney would be putting himself at risk if he/she knew it was not the truth. The Petitioner/Beneficiary would Suffer more so.

Never walk behind a blind man walking his Dog in the park and he's carrying a "Pouper Scouper" USCIS has a sense for smell.