Apply for a K1 while non-citizen in US??

[UK.Ange 1]

I am a UK citizen planning to visit my American boyfriend on a 6 month B2 visitors visa in November. It has been suggested that he might propose to me while I am there. If this is the case, is it possible to apply for a K1 visa while I am already in the US? And if we apply while I am there will I have to leave the country while it is processed or will I be able to stay for the duration of my visitors visa?

Any advice would be greatly appreciated!!

Thanks

[NigeriaorBust 4,087]

Using a visitors visa with the intent to stay is fraud and giving advise is in voilation of the terms of service. You need to do things the right way , posting on a public site that is monitored by immigration means they may know your intent. Getting caught means a lifetime ban. Read the guides and apply properly

[Max1gk 68]

Using a visitors visa with the intent to stay is fraud and giving advise is in voilation of the terms of service. You need to do things the right way , posting on a public site that is monitored by immigration means they may know your intent. Getting caught means a lifetime ban. Read the guides and apply properly

Read the best again - She didn't say she's coming to the US with a B2 visitor visa with the intent to stay. She clearly asked if she can stay as long as possible while their I-129F petition is approved and then GO BACK to England for the consular part of the process,which of course she can.

[Max1gk 68]

I am a UK citizen planning to visit my American boyfriend on a 6 month B2 visitors visa in November. It has been suggested that he might propose to me while I am there. If this is the case, is it possible to apply for a K1 visa while I am already in the US? And if we apply while I am there will I have to leave the country while it is processed or will I be able to stay for the duration of my visitors visa?

Any advice would be greatly appreciated!!

Thanks

Ange,

that's not a problem,It's probably the smartest thing to go through this damn journey and make it more bareable. You will come back to England before you hit your 6 months mark (I'm assuming that will be the authorized stay period that the CBP officer will grant you) to continue the process in England. If I may suggest to you,start checking if you have all the required vaccinations for the K-1 before you leave in November so that when you'll be back to England to apply for the K-1 at the Embassy, that will be something less to think about

P.S. You have already your B2?

[Sirdaniel42 86]

That should be no problem, he can propose and you guys can start the I-129F petition, you have to go back to the UK to do your interview and medical.

When you follow the guides above to the letter you should be fine

[UK.Ange 1]

Ange,

that's not a problem,It's probably the smartest thing to go through this damn journey and make it more bareable. You will come back to England before you hit your 6 months mark (I'm assuming that will be the authorized stay period that the CBP officer will grant you) to continue the process in England. If I may suggest to you,start checking if you have all the required vaccinations for the K-1 before you leave in November so that when you'll be back to England to apply for the K-1 at the Embassy, that will be something less to think about

P.S. You have already your B2?

No I am in the process of applying for my B2 now. Just collecting proof of funding etc!!

[UK.Ange 1]

Using a visitors visa with the intent to stay is fraud and giving advise is in voilation of the terms of service. You need to do things the right way , posting on a public site that is monitored by immigration means they may know your intent. Getting caught means a lifetime ban. Read the guides and apply properly

Sorry I wasn't clear!! I am entering the country in November with NO intent to commit fraud or stay illegally. I am just wishing to visit my boyfriend for the allowed period of time and leave before the B2 expires... I do not know for sure that my boyfriend plans to propose.. I am just preparing for what would happen if he did.. Obviously I want to spend my life with this man so I am in NO WAY planning on doing anything that would prevent this from happening

[Penguin_ie 5,996]

Max is correct, you plan is just fine.

You may have difficulty getting a tourist visa, because the embassy will question why you need to stay 6 months rather than the 90 days given on the visa waiver program. But even if you are denied the tourist visa, it will not affect your K1.

[milimelo 4,545]

Max is correct, you plan is just fine.

You may have difficulty getting a tourist visa, because the embassy will question why you need to stay 6 months rather than the 90 days given on the visa waiver program. But even if you are denied the tourist visa, it will not affect your K1.

Don't forget to update ESTA once you're denied B2 (very common for Brits under 65) and see if you're approved for ESTA again.

[baron555 934]

I am a UK citizen planning to visit my American boyfriend on a 6 month B2 visitors visa in November. It has been suggested that he might propose to me while I am there. If this is the case, is it possible to apply for a K1 visa while I am already in the US? And if we apply while I am there will I have to leave the country while it is processed or will I be able to stay for the duration of my visitors visa?

Any advice would be greatly appreciated!!

Thanks

Yes you can do what you suggest but you must leave when your B2 is up and then wait and attend your interview in your country to receive the K-1. Then you come back and have a nice life together.

[Max1gk 68]

No I am in the process of applying for my B2 now. Just collecting proof of funding etc!!

Ok,be prepared to present strong ties too apart from fundings. Remember that an eventual denial of the B2 will permanently exclude you from the VWP.

[UK.Ange 1]

Ok,be prepared to present strong ties too apart from fundings. Remember that an eventual denial of the B2 will permanently exclude you from the VWP.

So if I don't get the B2 I won't ever be able to visit the USA without a visa? I have strong career ties but they are with Japan rather than with the UK. My boyfriend is a police officer and is going to send an invitation letter for the B2 stating that I plan to leave after 6 months... This is all so daunting!!

Thank you for your advice

[milimelo 4,545]

So if I don't get the B2 I won't ever be able to visit the USA without a visa? I have strong career ties but they are with Japan rather than with the UK. My boyfriend is a police officer and is going to send an invitation letter for the B2 stating that I plan to leave after 6 months... This is all so daunting!!

Thank you for your advice

No, with visa denial (B2) you have to update your ESTA (have you ever been refused a tourist visa to US - mark yes). The system will then give you an update couple of hours later showing if your ESTA is still valid or denied. If denied, you can try again for ESTA couple of months later and it may change to approved.

[Max1gk 68]

So if I don't get the B2 I won't ever be able to visit the USA without a visa? I have strong career ties but they are with Japan rather than with the UK. My boyfriend is a police officer and is going to send an invitation letter for the B2 stating that I plan to leave after 6 months... This is all so daunting!!

Thank you for your advice

Ange,

millmelo is correct about updating the ESTA. However It's not granted that the outcome of the update will be positive at all. The invitation letter doesn't do much,what the CO wants to see are ties outside of the US and you have them. There's the issue of you having a boyfriend there,this is something It's not advisable to lie about at the interview. You clearly have no immigration intent for this trip in November,but I'd suggest posting this question in the Tourist Visa forum as well to get better advices from people who went through the process. Unofficially, I don't think you should have problems though.

[Julie&Chris 1]

Yup! I applied while in the US on a visitors visa! just have to leave when it runs out! good luck