K-1 Maybe

[jodim 0]

I had a overstay on the visa waiver several years ago, I applied for a B1/B2 and was awarded a 3 month single entry visa which I used.

I then applied again for the B1/B2 visa and was awarded a multiple entry 12 month visa.

All without any hassle.

Now I came over to setup a business and then apply for the E2, which was the orginal reason for the first two visas.

Now I am not much further down the road, with starting the business other than I have two members so staff who start tomorrow, arranged meeting with the New York Senate and Congress for a week on Monday to sell the product to them.

I have not worked since entering in November although my focus has been interviewing, looking for offices, arranging meetings etc. As you can imagine its not a quick process, I have registered the company in December 2010 in Virginia and came over in April last year for two weeks on the first 3 month visa.

Now the question, my visa expires on May 5th, although the Border Control office wrote on the form they staple to your passport May 24th (which is correct)

I was going to file for an extension of my B1/B2 as leaving now will put the company behind and could effect the jobs of two Americans until September then go back and file for my E2 when I have everything ready to do so.

Or the alternative I have been dating an american for just under a year now, and we have talked about getting married before the end of the year, so do I file for a K1 instead of the extension, or an E2 and hope it takes a month or two to process.

Or leave the country this week, possible effect two peoples jobs, file for another B1/B2 and start the above process again.

Which is the best course of action?

And is it impossible to not fly back to the UK to do this or can I do it from the states?

[Moomin 292]

If your intentions are setting up a business, then K1 is out of the question for now. Not only does it on average take 7-8 months from filing until visa in hand but then you have to wait to adjust status/EAD. The whole process could easily take around a year. Right now the processing time is longer though.

I'd suggest your topic is moved to a more suited forum since your current situation isn't that much related to the K1. Some/most of your questions are related to tourist/work visas.

[jodim 0]

Thank you, We have sort of set a date of September 22nd of this year for the marriage, which will be in Washington DC, I am thinking it would make sense to just file for an extension and then adjust my visa after the date.

[Moomin 292]

Thank you, We have sort of set a date of September 22nd of this year for the marriage, which will be in Washington DC, I am thinking it would make sense to just file for an extension and then adjust my visa after the date.

Congrats on upcoming weeding! A September wedding isn't going to happen if you're going the K1 route though. It's simply to soon. Anyways, you can report your own topic/thread and ask to have it moved to a more suited forum where members may answer your questions better than in the K1 forum.