Beginning K1 application on B1/B2 visa

[greenie91 0]

I'm sure it has been asked before. But I can't seem to find a thread answering my question.

 

I'm Australian and my partner is a US citizen. I have children and will be bringing them to the U.S on a b1/b2 visa to spend some time getting to know my partner better before we live together full time. I plan on being in america 6 months in my own holiday rental and my partner staying with us. I will be also exploring to business ventures to further grow my own business. So this trip is also a genuine business trip. Getting married on a b1/b2 visa is not something we want to do.  I need a few months after this trip to tie up loose ends before coming back to the states. The main reason is finalising my custody agreement with the children's father. He is supportive of the move but we need to finalise the agreement in Australia and he would like to spend a few months with them before they move which I fully appreciate. 

 

My question is can my partner assemble and submit the I-129 package for processing whilst I am in the US on a b1/b2 visa without it impacting my current visa? The average processing time from start to finish for K1 visa's in my area is between 6 and 7 months. I am hoping that for 3 of those months I will be able to enjoy the remaining half of my stay on my b1/b2 visa. Id hope that Id be heading around the time of receiving NOA2. Then to return home for 3 to 4 months to finalise my custody agreement, complete the sale of my property and close up some contracts in my company.  

 

Is this allowed? It seems silly to wait until after the end of my b1/b2 visa to apply for a k1 visa. We want to marry in the US near his family so getting married abroad and applying for a k3 visa is not an option. 

 

TIA 

[Unshakable Faith 493]

You can apply now, it should not affect your current visitor's visa.

[geowrian 22,338]

Yes, your fiance can file the I-129F while you are in the US. It won't cause your status in the US to change. It does create a higher bar on future entries for showing that you will return home, but even that's possible.

 

Second, you said B1/B2 and 3 months...? Or did you mean via an ESTA (since that has a 90 day maximum duration of stay)?

 

13 minutes ago, greenie91 said:

The average processing time from start to finish for K1 visa's in my area is between 6 and 7 months.

Well, 6-7 months is pretty optimistic right now. It's closer to 7-9 months on average since the I-129F alone is taking 5+ months.

 

20 minutes ago, greenie91 said:

We want to marry in the US near his family so getting married abroad and applying for a k3 visa is not an option. 

That, and because the K-3 is obsolete. It would be a CR-1 instead.

[greenie91 0]

29 minutes ago, geowrian said:

Yes, your fiance can file the I-129F while you are in the US. It won't cause your status in the US to change. It does create a higher bar on future entries for showing that you will return home, but even that's possible.

 

Second, you said B1/B2 and 3 months...? Or did you mean via an ESTA (since that has a 90 day maximum duration of stay)?

 

Well, 6-7 months is pretty optimistic right now. It's closer to 7-9 months on average since the I-129F alone is taking 5+ months.

 

That, and because the K-3 is obsolete. It would be a CR-1 instead.

 I estimate that he will send the I-129 paperwork around 2-3 months into my 6 month stay in the US. So essentially Id be the the states 3 months throughout the application process before returning home. All applications Iv known of that have been submitted this year took 6 to 7 months. But it could push out to 9 months. Its hard to say. Lol I yes the CR-1 is not an option for us. But applying whilst in the states makes the long wait seem less daunting.

 

33 minutes ago, Unshakable Faith said:

You can apply now, it should not affect your current visitor's visa.

Thats such a relief. It makes the long wait bearable. Thanks for the response.