Fiance is visiting me in the US, can he be here while the k1 gets approved or no?

[FolieADeux 2]

Hello,

 

My fiance is here visiting me while our k1 is pending. We filed in May so there are still months away before they start processing it. He would like to extend his trip by another three weeks, but I'm wondering what would happen IF (big if) somehow they did get to our visa application and approved it while he is still here. Would that be bad or detrimental at all? I know he has to go home regardless because he has to do the biometrics and interview, plus he has to leave anyway to go back to work. But I'm just wondering if by some long-shot while he is here mid-December and they approve our visa, could that affect our application in some negative way, or can he safely return home to finish up the rest of the application requirements and then come back for us to get married?

 

Hope that isn't too confusing! Thanks.

[Marieke H 2,470]

I think it is highly unlikely that the petition will be approved by mid-December. But even if it is, he can still just travel home to complete the visa application process.

[Icecreamcastles 25]

It's not a problem.  I was visiting my fiance when I got my approval and stayed in the US until I booked my medical and interview. I already had all the paperwork (including police clearances, vaccine records, birth certificate) ready.

[Sam Burns 153]

He’s fine, my fiancée traveled to see me a few months before her interview 

[IWander 589]

6 hours ago, FolieADeux said:

Hello,

 

My fiance is here visiting me while our k1 is pending. We filed in May so there are still months away before they start processing it. He would like to extend his trip by another three weeks, but I'm wondering what would happen IF (big if) somehow they did get to our visa application and approved it while he is still here. Would that be bad or detrimental at all? I know he has to go home regardless because he has to do the biometrics and interview, plus he has to leave anyway to go back to work. But I'm just wondering if by some long-shot while he is here mid-December and they approve our visa, could that affect our application in some negative way, or can he safely return home to finish up the rest of the application requirements and then come back for us to get married?

 

Hope that isn't too confusing! Thanks.

They won't magically get a visa application at some point in the future because you need to submit it after the petition is approved 

[FolieADeux 2]

 k

Edited November 7, 2023 by FolieADeux
didn't have anything to do with my question

[IWander 589]

28 minutes ago, FolieADeux said:

 k

Sure it did.  You asked what would happen if they approved the visa during the visit which is an impossibility as you have not yet even applied for a visa.

[MissLadyRea 206]

9 hours ago, FolieADeux said:

Hello,

 

My fiance is here visiting me while our k1 is pending. We filed in May so there are still months away before they start processing it. He would like to extend his trip by another three weeks, but I'm wondering what would happen IF (big if) somehow they did get to our visa application and approved it while he is still here. Would that be bad or detrimental at all? I know he has to go home regardless because he has to do the biometrics and interview, plus he has to leave anyway to go back to work. But I'm just wondering if by some long-shot while he is here mid-December and they approve our visa, could that affect our application in some negative way, or can he safely return home to finish up the rest of the application requirements and then come back for us to get married?

 

Hope that isn't too confusing! Thanks.

I-129f Is pending adjudication, not k1. Important distinction. Entirely 0 issues if your petition is miraculously approved during your fiance's stay. He wouldn't need to rush home either.

 

 

Edited November 7, 2023 by MissLadyRea

[chrissandra 59]

His last step (of this part of the immigration process) of visa approval/denial is the interview at his local American embassy. 
NO1 and NOA2 are steps leading to the interview and will not interfere with the process. 
good luck on your journey!!

[Dana.L 12]

22 hours ago, FolieADeux said:

Hello,

 

My fiance is here visiting me while our k1 is pending. We filed in May so there are still months away before they start processing it. He would like to extend his trip by another three weeks, but I'm wondering what would happen IF (big if) somehow they did get to our visa application and approved it while he is still here. Would that be bad or detrimental at all? I know he has to go home regardless because he has to do the biometrics and interview, plus he has to leave anyway to go back to work. But I'm just wondering if by some long-shot while he is here mid-December and they approve our visa, could that affect our application in some negative way, or can he safely return home to finish up the rest of the application requirements and then come back for us to get married?

 

Hope that isn't too confusing! Thanks.

If he has is passport (which im assuming he does since he traveled to see you) then the Consulate cannot issue the visa. They have to have the passport to do so. 

 

Him being in the States will not delay anything - enjoy your visit

[Marieke H 2,470]

4 hours ago, Dana.L said:

If he has is passport (which im assuming he does since he traveled to see you) then the Consulate cannot issue the visa.

They won't issue a visa without an interview anyway...

[Dana.L 12]

47 minutes ago, Marieke H said:

They won't issue a visa without an interview anyway...

True haha - lots of reasons the answer is: No! Stop worrying! lol

 

[FolieADeux 2]

19 hours ago, MissLadyRea said:

I-129f Is pending adjudication, not k1. Important distinction. Entirely 0 issues if your petition is miraculously approved during your fiance's stay. He wouldn't need to rush home either.

 

 

thank you!!

[ASAP 0]

Isn’t it a waste of money to do a K1 if your so already has a travel visa?   They can stay 90 days then possibly extend for 90 more.   Why would one want to wait for months/year for k1 approval when they can readily marry and do status change? 

[Crazy Cat 41,610]

30 minutes ago, ASAP said:

Isn’t it a waste of money to do a K1 if your so already has a travel visa?   They can stay 90 days then possibly extend for 90 more.   Why would one want to wait for months/year for k1 approval when they can readily marry and do status change? 

In this case, the fiance came to the US for a visit.  Most people who visit are in no position to suddenly abandon their jobs, lease, and everything for 8 months before being able to return to home country & return.  Having a travel visa does not confer any immigration benefits.  Even if the fiance was outside the US, he/she could not enter the US as a visitor with the intent to stay and adjust status. 

Edited November 12, 2023 by Crazy Cat