Applying for K-1 whilst already in the country

[adarklingplain 0]

So, I originally posted a few months ago over in the IR1/CR1 forum a similar question but my partner and I are having second thoughts about our plan.

Just to fill you in - I will be entering Florida in March on a Q1 visa valid for a year whilst I work in Walt Disney World. My boyfriend already lives there in Orlando. Until fairly recently our plan was to fly up to New York to get married once I start work in March (same-sex marriage), apply for a CR1 visa (but not adjust status) so that the main portion of the wait for the I-130 to be approved would be done whilst we were together legally. Then when my work visa finishes I would return home and complete the process.

With the recent trends of I-130s taking so long to be approved, we were wondering whether it would in fact be a better idea to apply for a K-1 visa at some point during my year working in Florida - towards the start, obviously - and then wait for the I-129F to be approved whilst legally working while out there. Then once my visa runs out, fly home, and finish the process back in England.

Basically, I just want to shorten the potential time spent apart from my partner; are we able to send off the I-129F while I am already in America?

Sorry if I've not properly explained my situation or if this has been confusing at all!

[del-2-5-2014 1,339]

I like the CR1 plan better. When you eventually come back you can start working right away.

[Harpa Timsah 13,258]

Yes, you can file the I-129F while in the US, in the way you describe.

Edited October 1, 2013 by Harpa Timsah

[KayDeeCee 4,896]

~ Moved from K-1 Process to What Visa Do I Need- OP still deciding on which immigration route is best ~

[lost_at_sea 995]

Yes, you can do that if you like. In fact, I don't see why you would wait until you get to the USA to file. Has your Q1 been issued?

If time is your number one concern, I can see why you might prefer that, but do consider the bonuses that come with the CR-1 (cheaper, immediate GC).

Comparison guide: http://www.visajourney.com/content/compare

Also, this thread may be of interest to you if you go down the K1 route: http://www.visajourney.com/forums/topic/457520-avoid-unnecessary-rfes-same-sex-marriage-i-129f-petitions/

Edited October 2, 2013 by lost_at_sea

[del-2-5-2014 1,339]

PS: Thumbs up for using "whilst" in a sentence. I just love that word.

Whilst tootling about on the motorway....

[Kiwinyc 62]

As the others say, you can file an 129F in country. But if i were to do this all over again, i would get married and do the CR-1.

Our 129F took 10 mths from start to finish, and MUCH grief. And then we still have to get married after I enter and I still have to wait another bunch of time for the EAD and AP etc. We both wish we'd just gotten married already and entered that way and if you have that opportunity I'd recommend it.

Edited October 2, 2013 by Kiwinyc

[rjbntsk 5]

It's an interesting question - if you decide to file for the K-1 visa, since you will be technically working in the USA anyway, and the K-1 visa is for permission to enter the USA from overseas, won't that create a conflict?

If you're in the USA under any other type of visa already, my understanding was that you would need to Adjust Status - that's pretty obvious in the case if you get married, but I don't know how that works if you go the fiance route.

Let us know how things proceed!

[ChicagoSarah 127]

I would vote to stick with the CR1 route. Seems easier given your situation.

Also - love the word "whilst" as well!

[adarklingplain 0]

Thanks for the advice everyone - will stick with my original plan!

[Kajikit 65]

Sounds like you don't need to file for legal permission to enter the country because they've already given it to you with the working visa.