Apply for a K1 while in the US??

[lerak89 0]

Hi guys I plan 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

[Hypnos 6,578]

The I-129F can be filed whilst you're in the US but you would need to depart before your authorised stay expired, the same as usual.

Edited September 27, 2013 by Hypnos

[Avery Cates 1,141]

Hi guys I plan 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

You can start the filing of the paperwork, might even be a little easier since you can fill things out together to make sure everything is accurate and get original signatures on the G-325As and Intent to Marry letters without having to put things in the mail.

However, DO NOT overstay your visitors visa. Applying for a K-1 does not grant any immigration status or exceptions, you're still bound by the terms of the visitor's visa. You also need to go back to your country to complete the process as you need to get medical exams and interviews at the doctors and embassy/consulate there.

[allajustin 18]

You can stay in the US on B-2 visa before it expires and file I-129F while being in the US without any problems (that has been our case as well). Just make sure you leave before it expires and go through K-1 visa interview when the petition is approved (I am sure it won't take any longer than 6 months) and then come back on K-1.

[lerak89 0]

Thanks! how long have you been staying in the US on your B2?

[Ryan H 3,834]

Duplicate topics merged.

[newacct 688]

Why would you want to get a K-1? Is it because you want to go back to your country for a while before coming back to the U.S.?

Otherwise, I don't see the point. If the two of you know for certain that he will propose to you, then why not get a K-1 now? If you don't know he will propose to you, and am just hypothesizing out of the blue, then you have no intention of immigrating when you enter, and then if he does all of a sudden propose to you, you can just adjust status in the U.S.

[Avery Cates 1,141]

Why would you want to get a K-1? Is it because you want to go back to your country for a while before coming back to the U.S.?

Otherwise, I don't see the point. If the two of you know for certain that he will propose to you, then why not get a K-1 now? If you don't know he will propose to you, and am just hypothesizing out of the blue, then you have no intention of immigrating when you enter, and then if he does all of a sudden propose to you, you can just adjust status in the U.S.

Perhaps my daft old head is reading this wrong, but you can't just "adjust status" based on an engagement. You still have to go through the whole process. If you suddenly get married it doesn't mean you can stay either.

[newacct 688]

Perhaps my daft old head is reading this wrong, but you can't just "adjust status" based on an engagement. You still have to go through the whole process. If you suddenly get married it doesn't mean you can stay either.

Oh right. I was thinking getting engaged and then getting married and adjusting status.

I guess if they want to wait a long time before getting married then K-1 makes sense.

Edited September 27, 2013 by newacct

[Avery Cates 1,141]

Oh right. I was thinking getting engaged and then getting married and adjusting status.

Still wouldn't work. You can't just go Vegas it up and stay anymore.

Either need to go through the K-1 or CR-1 (I think that's the spouse visa number anyway) process.

[newacct 688]

Still wouldn't work. You can't just go Vegas it up and stay anymore.

Either need to go through the K-1 or CR-1 (I think that's the spouse visa number anyway) process.

And why not, if she has no intention of staying when she entered?

[Avery Cates 1,141]

And why not, if she has no intention of staying when she entered?

Because she's still bound by the conditions of the tourist visa and if she overstays that she gets banned regardless of whether or not she married a USC?

If you could just come here and get married, you think any of us would be going through this awful process?

[newacct 688]

Because she's still bound by the conditions of the tourist visa and if she overstays that she gets banned regardless of whether or not she married a USC?

If you could just come here and get married, you think any of us would be going through this awful process?

She gets banned if she overstays for a certain period and then leaves the U.S. If she adjusts status, there is no problem.

People with intention to stay cannot enter with a tourist visa; that's why people go through the other process.

[Avery Cates 1,141]

She gets banned if she overstays for a certain period and then leaves the U.S. If she adjusts status, there is no problem.

People with intention to stay cannot enter with a tourist visa; that's why people go through the other process.

One of us grossly misunderstands how things work currently.

[britishdakota 18]

Because she's still bound by the conditions of the tourist visa and if she overstays that she gets banned regardless of whether or not she married a USC?

If you could just come here and get married, you think any of us would be going through this awful process?

You can do that. So long as no plans/intent was made prior to entering.....