K1 question

[teeler1 0]

Hello to all. I curious of a simple question: If I start to file my K1 visa for my foreign fiance, can I legally leave the country to go see her without disturbing the process? I have seen that she cannot come to me but can I go to her? Does it stop/interrupt the process? If so, at what step can I see her with no issue?

My more complex question is this: Can I file for a K1 and for her to get married here if she is still subject to the 2 year rule from her student visa?

[Pitaya 2,577]

Welcome to the forum.

Depending on your fiancee's country, you may need a visa and your US passport to visit her in her country. However, such travel will not present any issue as far as an ongoing K-1 process. Additionally, that travel can be used as further evidence of a genuine relationship. I was fortunate enough to be have visited my then-fiancee three times while waiting for the slow USCIS/DOS bureaucracy to do its thing.

Sorry, your next question is a bit obtuse. If you file for a K-1 visa for your fiancee, then marry her prior to the completion of the K-1 process, you will then be ineligible for the fiancee visa and will have to start over with a spousal visa.

Good luck.

[teeler1 0]

To help make the second question more clear, she was here in the US on a J1 visa and has a 2 year student status. I want to know if filing for the k1 and having that status is possible and if it will change when marrying.

[Pitaya 2,577]

She will have to go home and have her K-1 interview in her home country.

There may be other ramifications, hopefully, other forum members will respond.

[teeler1 0]

She will have to go home and have her K-1 interview in her home country.

There may be other ramifications, hopefully, other forum members will respond.

Yes i should add she is already home and it expires December, 2014. She also has a 10 year tourist visa and we recently met. The main thing is that I dont want her current 2 year hold to prohibit the k1 to be filed

[teeler1 0]

So can anyone else answer?

To reiterate:

1. I want to know if I, the US petitioner, can leave the USA during the K1 processing

2. Will her two (2) year student status from her ex-J1 status prevent her from being able to get a K1

[aaron2020 11,651]

So can anyone else answer?

To reiterate:

1. I want to know if I, the US petitioner, can leave the USA during the K1 processing

2. Will her two (2) year student status from her ex-J1 status prevent her from being able to get a K1

1. You can file whenever you want. You can go wherever you want. Be aware of your need to fulfill the Affidavit of Support requirements which includes a US domicile.

2. She needs to fulfill the 2 years requirement or have a waiver to qualify for the K-1. No K-1 until one of those two conditions is met.

[teeler1 0]

1. You can file whenever you want. You can go wherever you want. Be aware of your need to fulfill the Affidavit of Support requirements which includes a US domicile.

2. She needs to fulfill the 2 years requirement or have a waiver to qualify for the K-1. No K-1 until one of those two conditions is met.

Thank you for answering both very easily.