K-1 visa, urgent question.

[nurmeer 0]

Hello. I am new to this forum, I am visiting usa for the past 2-3 months on B1/B2 visa, my fiance is a US citizen and we are thinking to apply for fiance visa while I am here( since we were discouraged to not go for paper marriage as we plan to get married after 6 months). I have a few questions over it :

-Can i apply for fiance visa while I am in usa?

-Can i visit usa while my visa is being processed?

-how long does the whole process takes from

applying?

- if I apply being in usa, do I have to leave country right away or can I stay here?

- what will be my status after fiance visa? How long does it take for work permit/green card?

I am from Pakistan and we both are doctors, I need to be here this year to apply for residency so my concern is I don't want to get stuck back home on this visa.

 

[ThomasNC1988 762]

There is no reason you can't get married and adjust status from B1/B2 as long as it wasn't your intention to do so when you entered the country it is not fraud. If it is your desire to stay in the US permanently that is what I would do.

[EandH0904 1,184]

7 hours ago, nurmeer said:

Hello. I am new to this forum, I am visiting usa for the past 2-3 months on B1/B2 visa, my fiance is a US citizen and we are thinking to apply for fiance visa while I am here( since we were discouraged to not go for paper marriage as we plan to get married after 6 months). I have a few questions over it :

-Can i apply for fiance visa while I am in usa?

-Can i visit usa while my visa is being processed?

-how long does the whole process takes from

applying?

- if I apply being in usa, do I have to leave country right away or can I stay here?

- what will be my status after fiance visa? How long does it take for work permit/green card?

I am from Pakistan and we both are doctors, I need to be here this year to apply for residency so my concern is I don't want to get stuck back home on this visa.

 

You can apply from the US without an issue and leave when you are scheduled to leave. Visiting during the process is fine, but your entry is at the discretion of the border patrol agent. You'd have to show strong ties to your home country which is harder to do with a k1 petition.  The whole process takes about 10-12 months right noe, start to finish. Pakistan is one of the more difficult countries to get a k1 through, make sure your proof of relationship is really strong to avoid administrative processing. Once you get here and marry and apply to adjust your status. It's supposed to take 3-4 months to get approval to work but most who are going through it say it takes 4-6 months. 

 

It sounds like an H1B or a CR1 might be better in your situation. I don't know what you mean by you need to be here for work. It's not allowed to work on a tourist visa. If you get a work visa you can be here working while your petition is in progress too. 

[nurmeer 0]

On 1/3/2018 at 8:15 PM, ThomasNC1988 said:

There is no reason you can't get married and adjust status from B1/B2 as long as it wasn't your intention to do so when you entered the country it is not fraud. If it is your desire to stay in the US permanently that is what I would do.

So I looked over this, some people suggested to wait 90 days since my entry in USA before I do paper marriage and file for adjustment of status. Can you tell me how long is that process? When will i get my work permit? And what proof do I need to show at the time of interview?

[geowrian 22,337]

19 minutes ago, nurmeer said:

So I looked over this, some people suggested to wait 90 days since my entry in USA before I do paper marriage and file for adjustment of status. Can you tell me how long is that process? When will i get my work permit? And what proof do I need to show at the time of interview?

No need to wait 90 days. They're probably referring to some DOS rules that don't apply for AOS (a USCIS process).

AOS: ~8-12 months on average. This depends heavily on your local field office.

EAD (work permit): ~4 months after filing for it concurrently with AOS

AP (to travel abroad and return): ~4 months after filing for it concurrently with AOS

[ThomasNC1988 762]

3 hours ago, nurmeer said:

So I looked over this, some people suggested to wait 90 days since my entry in USA before I do paper marriage and file for adjustment of status. Can you tell me how long is that process? When will i get my work permit? And what proof do I need to show at the time of interview?

If you have been here 2-3 months already go ahead and get married as far as how long the process takes I have no Idea. You have to file I-130 and whatever the AOS form is together I think. You could ask in the I-130 forums to get a better answer.