Staying together while waiting?

[Lilith79 0]

Hi all and thank you for your help ahead of time!

Sorry for not filling my timeline, we haven't filed for a visa yet but we are trying to understand what is the best solution for us.

My fiancé is an USC and I'm Italian. We lived together in the U.S. since I stayed for more than 8 months under a diplomatic visa.

Now we are apart and he is about to come here to visit and we'll probably decide to file for a K-1.

We really don't want to stay separated cause we are so in love and, especially after sharing our lives for a while, it's definitely hard to wake up alone in the morning

We are thinking of staying in the U.E. while waiting for the whole K-1 process to be completed. I don't have a job cause the situation here kinda sucks about it (I have an M.A. and I'm unemployed...) and we could go to Ireland or UK where the situation seems to be a little easier.

Questions are: can we stay together in Europe and wait for me to get my visa? He works independently so he doesn't have a problem in leaving U.S. and renting is apartment out. He has strong family ties in the U.S. and many bank accounts.

Can we apply from abroad (and maybe give them some american address like his parents to get the NOAs?)

Hope these are not lame questions!

Thanks again and good luck to everybody filing for a visa!

[Laura_Z 1]

I am sure you guys can stay together while the process of the visa is happening. i would go for a k1 visa since it probably takes less time...that means you need to file for it, either independently or through a lawyer. you are so lucky to be able to stay with him while you are going through this lenghty process! all the best!

[gwenneh 7]

There really isn't a problem with staying with him in another country, provided you keep a permanent US address (like your parents' house) and someone can forward on the NOAs to you! As long as he can be in his country for the medical and interview process (and to get the packet from the US Consulate) then it's not an issue.

Best of luck! You're one of the lucky ones where staying together in the process is an option.

[Lilith79 0]

There really isn't a problem with staying with him in another country, provided you keep a permanent US address (like your parents' house) and someone can forward on the NOAs to you! As long as he can be in his country for the medical and interview process (and to get the packet from the US Consulate) then it's not an issue.

Best of luck! You're one of the lucky ones where staying together in the process is an option.

Thank you Laura and Gwen for your replies!

He is the USC, I'm not. I guess this doesn't change what you said Gwen

Of course, he would not be able to work in the UE. That's why we were considering different options like the K-3 or the DCF, but I'm realizing that would be wiser to apply for a K-1 anyway (he could work in italy if we got married here but he doesn't even speak italian!).

I guess that if he worked illegally in the UE (I know that's not something "fair", but I'm also aware I'm talking of something that happens everyday and being European I can really tell how easy it is overhere) this would not be an issue for the USCIS.

I was concerned the USCIS could be "suspicious" about him staying abroad for something like 6 months but I also guess it's not a crime to go on vacation for a long time.

[gwenneh 7]

I had enormous amounts of time spent abroad when I filed for the K-1 and USCIS didn't even bat an eyelash.

[TinTin and Samby 11]

Lilith, There shouldn't be any problems for your guy. I spent nearly a year in the Philippines getting to know my (now) fiance, came back to the USA to get all my paperwork together and file and went back to stay with my gal while we wait out the remaining time until K-1 interview and approval.

Good luck!

[chrisandamye 0]

It's not a crime to go on vacation for a long time, but it is a violation of your "visa" to stay beyond its expiration date. When traveling abroad on an American visa (I am American and did this in Europe), you are given a 90-day "tourist visa" immediately by just having an American passport. It's not written, your passport automatically works as this sort of visa. But I can tell you, if you over stay that 90 days and they notice when you're leaving the country, that equals big fines. And no more coming into the country for a long time. So if you went to Italy (or you came over here, because I think the Italian passport works the same way for here) your fiance would have to cross the border every couple months to renew his "visa." Though, they can still catch you if they just look a couple stamps back at where you've been and for how long.

Also, I lived for a year in France working illegally and it was not as easy as you seem to think it is. With the European Union, it's a lot harder for Americans to work in Europe, especially if your fiance doesnt speak the language.

If I were you, I would do the above options and be very careful. Definitely cross the border to get the passport stamped out though. If the UK or wherever finds out he's been there for almost a year (which is close to how long this process takes), he wont be allowed back in for a long time and he's facing a heavy fine.

[TinTin and Samby 11]

It's not a crime to go on vacation for a long time, but it is a violation of your "visa" to stay beyond its expiration date. When traveling abroad on an American visa (I am American and did this in Europe), you are given a 90-day "tourist visa" immediately by just having an American passport. It's not written, your passport automatically works as this sort of visa. But I can tell you, if you over stay that 90 days and they notice when you're leaving the country, that equals big fines. And no more coming into the country for a long time. So if you went to Italy (or you came over here, because I think the Italian passport works the same way for here) your fiance would have to cross the border every couple months to renew his "visa." Though, they can still catch you if they just look a couple stamps back at where you've been and for how long.

Also, I lived for a year in France working illegally and it was not as easy as you seem to think it is. With the European Union, it's a lot harder for Americans to work in Europe, especially if your fiance doesnt speak the language.

If I were you, I would do the above options and be very careful. Definitely cross the border to get the passport stamped out though. If the UK or wherever finds out he's been there for almost a year (which is close to how long this process takes), he wont be allowed back in for a long time and he's facing a heavy fine.

Every country has their own laws and regulations concerning visa stays, extensions and exits. For Example, In the Philippines, as an American, you get an automatic, free 21 day tourist visa on arrival into the country. After that, extensions can be obtained for a cost in increments of 59 days at a time (the first one is 38 days because you already had the 21 days 'free' (21 + 38 = 59). Subsequent extensions can be applied for and received without a need to leave the country for up to 16 months (24 months with prior approval) (this duration is newly extended - used to be maximum 1 year). After 16 months (up to 24 months is possible with prior approval), you have to exit the country. When you return, the whole process starts again with the 21 day automatic free tourist visa - which again can be extended up to 16 months (again, 24 months with prior approval). If you stay in the philippines continously more than 6 months, you will be required to secure an "Exit Clearance Certification" document to leave. This document must be secured in advance of your planned departure as it takes time to be issued and is not issued at the airport, but rather at other government office facilities. The Philippines does not require any particular time duration in which you have to be "out of the country", so you can literally fly out of the country to the nearest out of country airport, turn around and fly back to reset your 16 month (24 month) "clock". - although most due stay out for 1 day so the date on the passport exit and reentry stamps are different The key point is, each country has its own unique requirements and regulations and process for entrance, extensions and exits. You should be familiar with those that apply to you.

[Lilith79 0]

It's not a crime to go on vacation for a long time, but it is a violation of your "visa" to stay beyond its expiration date. When traveling abroad on an American visa (I am American and did this in Europe), you are given a 90-day "tourist visa" immediately by just having an American passport. It's not written, your passport automatically works as this sort of visa. But I can tell you, if you over stay that 90 days and they notice when you're leaving the country, that equals big fines. And no more coming into the country for a long time. So if you went to Italy (or you came over here, because I think the Italian passport works the same way for here) your fiance would have to cross the border every couple months to renew his "visa." Though, they can still catch you if they just look a couple stamps back at where you've been and for how long.

Also, I lived for a year in France working illegally and it was not as easy as you seem to think it is. With the European Union, it's a lot harder for Americans to work in Europe, especially if your fiance doesnt speak the language.

If I were you, I would do the above options and be very careful. Definitely cross the border to get the passport stamped out though. If the UK or wherever finds out he's been there for almost a year (which is close to how long this process takes), he wont be allowed back in for a long time and he's facing a heavy fine.

I know the regulation about Italy and Europe. As you said, he could stay just 90 days with the visa waiver program, but the situation in Italy is a little bit different than in the UK. First of all, if he overstays his visa nobody is ever gonna ask him to pay any fine. They could forbid him from re-entrying the country before other 90 days are gone by, though. But Italy is a pretty "flexible" country about immigration... The good thing is that he could get a 90 days extension for tourism just going to the police department and applying for it. But I agree that he should not work here illegally and not only because he doesn't speak italian (that's a real problem anyway).

We'll probably try to stay in Ireland and hopefully the situation will be different there.

Also, chrisandamye said that the K-1 visa process can take almost a year...I've checked many timelines and it seems to me that the average time is around six months, more or less. Am I wrong?

Thank you again for any of your advice!

[gwenneh 7]

I know the regulation about Italy and Europe. As you said, he could stay just 90 days with the visa waiver program, but the situation in Italy is a little bit different than in the UK. First of all, if he overstays his visa nobody is ever gonna ask him to pay any fine. They could forbid him from re-entrying the country before other 90 days are gone by, though. But Italy is a pretty "flexible" country about immigration... The good thing is that he could get a 90 days extension for tourism just going to the police department and applying for it. But I agree that he should not work here illegally and not only because he doesn't speak italian (that's a real problem anyway).

We'll probably try to stay in Ireland and hopefully the situation will be different there.

Also, chrisandamye said that the K-1 visa process can take almost a year...I've checked many timelines and it seems to me that the average time is around six months, more or less. Am I wrong?

Thank you again for any of your advice!

Don't get your hopes up about Ireland - they've massively tightened the immigration regulations there. I'm married to an Irish citizen, and where you used to just have to go and register at the local garda station, now you have to register at a central location, there's an application, and you have to present proof of your right to remain in Ireland. They've gotten much stricter at the POE in the airport, too (one refused to re-stamp my passport when we were visiting, before I registered) , and I've even been randomly inspected and required to present my registration card when coming through on the ferry. This is all in a response to the high immigration rate there.

And yes, the K-1 process can take a year...there are some people who have been waiting six months for their approval alone. The timelines, while sometimes useful, don't always reflect the most current situation - and unfortunately the current situation is that USCIS is currently understaffed and taking up to 90 days to produce even the initial receipt notice for some people.