B2/K1 change

[p&w 0]

I currently have a B2 Visa and have been travelling in and out the US alot visiting my Fiance. On my last entry I was told I had used it too much and probably wouldn't be allowed in next time. It was because I had spent several months in the US and would be considered living here.

The problem is I travel as part of my work. I need to exit for Europe in June, returning August, and marry in October. Two weeks later I need to go to Europe again for a short meeting for my job.

I see few options:

1) I can marry now and file for an adjustment of status which I MAY get for June. As I was grilled last time I entered Immigration will have a record I didn't intentionally come in on a B2 to marry, it was events...

2) I can apply for a K1 visa while I am in the US, but will this work? Will I have to go to the UK for my medical? Will I have to exit in the HOPES I will get it?

If I get a K visa an adjustment in status in California is taking 8 months, travel parole 3 months.

Do you have any suggestions how to achieve this? Will I be able to get back into the US if I go to Europe shortly after the wedding?

Many thanks for any help

PS I also posted this on the travel forum, I couldn't even decide where to ask!!

[Jaylen Brit 0]

You havent given us much solid info - and no details of your home country tho Im guessing UK as you mention London.

You say you need to go to Europe..from WHERE? From the US?

Why do you need to be in the US still? (as you say you're not curently married but are engaged).

If you apply for K1 then YES you WILL need to interview and have medical in your country of residence.

If you marry now and adjust frm B visa to permanent resident on babis of marraige then you may not get your AP within the time frame you have mentioned (you don't need your GC to travel but you DO need AP or you won't be allowed back in without another visa - in that case you'd have to apply for a K3 which takes as long as the K1)

Hopefully others can fill in any gaps I may have missed, lol

(edit - spelling - god I'm thick tonight )

Edited February 27, 2006 by Jaylen Brit

[p&w 0]

Sorry, here's more info. I am currently in the US, my B2 visa is good until the middle of August. I am a Brit and I'm in the enviable position of working via my computer from wherever I am. So I thought I may as well work from the US, where my Fiance lives. For my job I usually have to go to Europe - usually France. I guess you've answered my question though. Guess I'll just pop down to the local registry office.... Will my application for change of status be more difficult because I came in on a B2?

Many thanks for your help!

[Jaylen Brit 0]

More difficult - I dont think so, no - plenty of people adjust status in the way you are proposing without any real difference between them and people adjusting from a K visa - the main thing is that on entry your INTENT was NOT to stay and marry (as you have already stated it was your intent to return) but circumstances have since changed.

[Peter Miami 0]

Good luck!