Switching form K-1 visa to visitor visa??

[nt&rb 1]

Hello!

My Fiance has been approved for the K-1 visa and we are flying from New Zealand to the states in just under a month! Everything has gone extremely smoothly for us but recently some other factors have come into play and we have actually decided to stay in New Zealand for another two years before moving to the states. We still plan on going to america in May and will get married and have our wedding there. We will be there until mid to end of september.

The question is: We would like for him to just use a visitor visa for the time we are there so we don't have to apply for a change of status, etc. Is it possible to switch visas this close to leaving?

Happy to provided additional information if needed!

Thanks!

[Boiler 45,525]

Why not use the VWP?

[Jack2107 46]

The k1 is only valid for 90days so just use that. The VWP is only good for 90days per use anyway so use either

[nt&rb 1]

Hi thanks for the replies. Correct me if I'm wrong but the VWP only is valid for 90 days? We would be there for around 4 months, which would exceed the 90 day limit. Would we be able to enter on the K-1 and he could then apply for the VWP for an additional 90 days?

[Boiler 45,525]

Visit for less than 90 days.

[nt&rb 1]

Not really possible. Our flights are already booked for May, and our original plan was to go to the courthouse when we get there and get legally married and then have a reception and ceremony in september. Everything is booked for that as well. We don't want to change the details of the trip and just visa. Or is it possible to go on a K-1 and just not change his status and stay as a visitor?

[KayDeeCee 4,893]

You can enter on the K-1, get married and not file for AOS. However, you will only be legal and in status for 90 days, the time you are given when you enter. Any time over the allotted 90 days will be overstay. If you overstay, you will not be able to use VWP in the future and will need to apply for a tourist visa if you wish to return for a visit later.

There is no such thing as changing a K-1 into a tourist visa.

[NikLR 13,227]

It is fairly easy to change flights. It costs money, but most airlines allow you to change or cancel a flight up to 24 hours before the flight.

Suggest 1 vwp visit for marriage already booked for in sept.

[Unidentified 2,930]

It is fairly easy to change flights. It costs money, but most airlines allow you to change or cancel a flight up to 24 hours before the flight.

Suggest 1 vwp visit for marriage already booked for in sept.

I agree that this is the best option.

[Boiler 45,525]

Courthouse is easily re arranged.

[aaron2020 11,651]

The K-1 only allows for a 90 day stay. Marrying and filing for AOS allows the person to legally stay beyond that period. No AOS, then the person is limited to 90 days.

The VWP is limited to 90 days. The law does not allow for an extension.

You can not switch a K-1 visa to a visitor visa. You need a new and separate visa application for a visitor visa.

What you want is not legally possible. You can not exceed the 90 days without marrying and filing for AOS with either the K-1 visa or the VWP. If you choose to overstay, your VWP privileges will be terminated. Any further visit would require a visitor visa which you may not get. Marriage to a US citizen does not alter this.

With your change of plans, you will want to change your flight to stay within the law.

Edited April 4, 2016 by aaron2020