Fiance abroad on F1,need to file K1 in usa

[rsda 0]

Hi

I am usa citizen,my fiance is indian citizen,he would be going to either UK or Au for studies on F1 visa in Sept07. I hope to start K1 process in Nov/Dec 07. So do you think i can do that while he is studying abroad on F1? or will that create any problem ?

If he plans to come on J1 (international exchange) program in Mar08,will that delay K1 ?

Pls advice.

Thanks in advance

Rsda

[pnd629 0]

Does he already have the visa to come here in March 2008? If so, then there is no point in applying for the K1 as it will probably take that long (or even longer if you wait until fall) for the K1 visa to be issued. Once he is in the U.S., he doesn't really have a need for the K1 visa.

[Minya's wife 25]

Does he already have the visa to come here in March 2008? If so, then there is no point in applying for the K1 as it will probably take that long (or even longer if you wait until fall) for the K1 visa to be issued. Once he is in the U.S., he doesn't really have a need for the K1 visa.

Yes he really does have a need for the K-1 visa, because many J1's have a 2 year home stay requirement, which means you cannot avoid having to go back to home country, and can't adjust status here. Or rather it is not simple....a waiver is necessary, and sometimes those are not granted, it just becomes a headache.

OP, you're a little ahead in your planning ...but the fact that your fiance is studying overseas does not impede the getting of the K-1 visa. Only be aware that he will have to fly back home to gather the necessary paperwork, and attend the interview.)

Good luck.

-P