Applying for K-1 visa while boyfriend in U.S. on Tourist Visa

[Caitlin and Jose 0]

So, My boyfriend and I are considering going to the U.S. together in Jan. He would be able to go on a tourista visa and be able to spend more time with my family while I look for a job. Can we apply for the K-1 while he is in the U.S????? Also he would like to stay for at least 2 months out of the three months alotted time...do you think at the point of entry they will give him a hard time?

Thanks in advance for the help!! Very much appreciated!!

[Jarrod&Vicky 17]

Yes, you can apply for a K1 while your boyfriend (the non USC) is in the US. That is how we did it. The thing is that he will need to return to Paraguay before the visa is issued because what happens after the NOA2 has to be done in his country.

About entering the US on a B2 (tourist visa) and what to tell the officer at the POE, my advice is just to be honest. I had been to the US several times before that one that I was going there to get everything ready for the K1, and of course he started asking questions such as "why do you keep coming to the US so often?". The moment I told him that this time I was going there to file for the K1 together, everything changed. He was very nice, asked me about how we met since I am from Argentina (explained that my boyfriend live down here for almost 3 years, blah, blah), he gave me six months on my I-94 and wish us a happy life.

That's my experience, but I'm pretty sure yours will be very similar. Good luck!

[Caitlin and Jose 0]

Ok thats a relief because we want to try to spend as much time together as possible. The good thing is I will be going with him through the point of entry so I will be there as to help explain our story lol. thanks for the advice!

I noticed that your bf is from Jupiter FL?! That is where I am from! haha I met my boyfriend during my Peace Corps service that ends in December.

[Jarrod&Vicky 17]

Great! I sent you a private message!

[Stacia 0]

The only place they have given us a hard time is in Miami. I think they require the Custom Agents to be rude or they don't get the job. My husband went to the US two times before we were married and they always gave him 3 months to stay even if they had already given him a hard time.

[afewquestions 0]

Yes, you can apply for a K1 while your boyfriend (the non USC) is in the US. That is how we did it. The thing is that he will need to return to Paraguay before the visa is issued because what happens after the NOA2 has to be done in his country.

About entering the US on a B2 (tourist visa) and what to tell the officer at the POE, my advice is just to be honest. I had been to the US several times before that one that I was going there to get everything ready for the K1, and of course he started asking questions such as "why do you keep coming to the US so often?". The moment I told him that this time I was going there to file for the K1 together, everything changed. He was very nice, asked me about how we met since I am from Argentina (explained that my boyfriend live down here for almost 3 years, blah, blah), he gave me six months on my I-94 and wish us a happy life.

That's my experience, but I'm pretty sure yours will be very similar. Good luck!

Hi, I am planning on applying for the K-1 while my girlfriend is in the USA on a tourist visa, I understand it takes several months for the NOA2 to come out and while we wait for that time we want to be together. I am worried about how much time she will be given on her tourist visa (3 mo, 6 mo?), I would like for her to stay with me for 4-5 months while we wait for the NOA2 to come out. Did you plan on only staying 3 months and they ended up giving your 6 months? She will be taking a break from work to come and be with me and I don't know how the best way of getting the 6 months allowance...

Did you show a return ticket for more than 3 months after your arrival, why do you think you got 6 months?

Thanks!

[Jarrod&Vicky 17]

Hi, I am planning on applying for the K-1 while my girlfriend is in the USA on a tourist visa, I understand it takes several months for the NOA2 to come out and while we wait for that time we want to be together. I am worried about how much time she will be given on her tourist visa (3 mo, 6 mo?), I would like for her to stay with me for 4-5 months while we wait for the NOA2 to come out. Did you plan on only staying 3 months and they ended up giving your 6 months? She will be taking a break from work to come and be with me and I don't know how the best way of getting the 6 months allowance...

Did you show a return ticket for more than 3 months after your arrival, why do you think you got 6 months?

Thanks!

Hi!

I didn't stay for the 6 months that I was given. I just stayed for 20 days since at the time I was still working in Argentina, so your girlfriend's case seems to be different (I still had strong ties to my country) Why they gave me six months? I have no idea. I guess it had something to do with the fact that I had been in and out of the country on that B1/B2 several times and I had never over stayed, I guess... they just stamped it for 6 months. I think the best thing you can do is just be honest at the POE, tell them that you are here waiting for the NOA2 but that you are totally aware that you have to go back for the interview and that you don't want to overstay your b2.

Good luck!

[afewquestions 0]

Hi thanks for the quick response!

We actually will not start the application for K-1 until she arrives in the USA, that is why I am worried what she should tell the officer at POE, should she just say she is coming to visit her fiance and while she is here we will apply for the k-1? Would that not raise a red flag and have them think we will misuse the tourist visa? I am trying to find a way of not having her get denied 6 months and even worse, not have issues at the POE. She is thinking of just saying she will be here traveling and visiting friends she has visited before, but that seems like a 90 day type of trip...if she mentions all the details and mentions me, it would make it a better possibility for her to get the 6 months, but at the same time, depending on the officer, they may complicate things for her...this is very worrying...I dont know how to go about it...last time she visited she did a medical observership for 4 months (no patient contact)...she might say she will do that again (because she probably will again)....to get the 6 months limit....

Thanks!

[afewquestions 0]

Hi, because as many people have to point it out on this forUm it is illegal to enter the US On a non immigrant visa with intent to marry and adjust status and there's a possibility that if you Are accused of that you can be fined $10,000 and deported and possibly barred from the US for many years, and we would definitely Rather not risk that.

[Ban Hammer 13,337]

one post removed for tos violation along with one quoting.
do not advocate illegal activity.

[Harsh_77 718]

Yes you can apply for K1 while in US. He would not have a problem entering the US as long as he can prove he has strong ties to home.

The other option you might want to think about is get married while in US and file for CR1 instead of K1, it is much easier for person to adjust to US when entering on CR1 over K1.

[afewquestions 0]

Yes you can apply for K1 while in US. He would not have a problem entering the US as long as he can prove he has strong ties to home.

The other option you might want to think about is get married while in US and file for CR1 instead of K1, it is much easier for person to adjust to US when entering on CR1 over K1.

Thanks for the tip. I wasn't wanting to consider the CR1 because of the longer wait time, from what I have read, in the total scheme of things CR1 vs K1, the K1 is 3-5 months faster at getting the foreign fiancee AOS and Employment Authorization. Correct me if I am wrong?

Best,