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TomMc84

Is a K1 visa application possible while in the States??

By TomMc84 in K-1 Fiance(e) Visa Process & Procedures

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TomMc84 Newbie

TomMc84   0

Posted
Filed: K-1 Visa Country: Ireland
 Timeline
Posted (edited)

I am currently in Ireland waiting on a work visa and have a feeling that it might be denied. Before I came home for Christmas I proposed to my fiance and I am now in a position where I am not sure if I will be able to get back into the country on a work visa.

 

We have discussed options and if the worst case scenario arises and we need to apply for the K1 fiance visa, can we submit the application while I am in the states on a visa waiver? A friend of mine applied for it and was stuck at home in the UK for close to 90 days, which is something that we want to avoid.

 

If it is possible does it slow down the application process or have no relevance to the timeline as long as I return home before the visa waiver expires?

Edited by TomMc84
JessDak Explorer

JessDak   27

Posted
Filed: Country:
Timeline
Posted (edited)

We submitted my K1 while I was in the States, but I did not stay for a long period. I came to visit her for the holidays when we got officially engaged and submitted the packet while I was still in the country (just because me gathering all the info and compiling the packet was easier than her trying to do it and work full time).

There is a question that asks when you last entered the US and when you left. For this I got a little worried but I answered it honestly and included an 'additional information' sheet with the packet explaining that I was only in the country for a visit and would return to my home country soon. There were no issues with my case, no RFE, no AP, nothing.

As far as I know theres nothing against it. I'm sure it's frowned upon. But so is adjusting status from a tourist visa/VWP and even that is legal if you had the right intent. 
If your intent is just to spend as much time with your fiancee as possible then I don't see a problem with you filing while in the country and waiting out a few weeks before returning home to receive your K1 as long as you don't overstay.

Edited by JessDak

Fiancee Visa Timeline

1/7/16 - I-129F Sent

1/28/16 - NOA1

3/10/16 - NOA2

4/8/16 - NVC Sent

5/2/16 - Medical

5/2/16 - Interview

5/4/16 - Physical

5/10/16 - Dropped passport off at Embassy

5/12/16 - Visa in Hand

5/21/16 - POE

7/10/16 - Marriage

 

AOS Timeline

7/21/16 - Mailed packet

7/23/16 - Packet delivered

7/28/16 - NOA1

10/7/16 - Biometrics

11/30/16 - EAD/AP Approved

12/6.16 - EAD/AP Received

1/21/17 - New card ordered for production

1/23/17 - Greencard Approved (no interview)

1/24/17 - Greencard Mailed

1/26/17 - Greencard Received

 

  • On Oct 13th AOS status was updated to say that a notice was returned due to post office being unable to deliver it. Tier two told me that it was biometrics or NOA1 (even though I had received both before this date).

  • A few weeks later I received a notice dated Nov 10th, in regards to my call about the Oct 13th notice. The new notice said that there were no RFE's or withholding on my case. So still not sure what this Oct 13th notice was about.

  • Received a letter from a NY office on Dec 23rd (dated Dec 10) stating that my medical was over 1 year old. (At this point my medical was only 7 months old)

  • Teir two submitted an internal service request to which I got a response telling me that I need to respond to RFE ASAP

  • Submitted another service request on 1/6/17. To which I got a response on 1/19/17 stating that my case was pending and is outside of processing time (no mention of RFE)

 

ROC Timeline

10/21/18 - Packet Sent

xx/xx/xx - NOA1

xx/xx/xx - NOA2

xx/xx/xx - Card Received

Fr8dog Rising Star

Fr8dog   312

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted (edited)

Nothing wrong with filing while in the country, but you still need to go to the embassy in Ireland. Just make sure you don't overstay or violate the VWP rules and than you are using the K1 and VWP for what they are intended for.

 

If you get denied for your work visa you'll have some new problems (no longer being able to use the VWP being the main one).

Edited by Fr8dog
 
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