Starting K1 while in the US?

[wtrav 34]

Hello,

 

I recently got my tourist visa approved and plan to start the K1 process soon. I will be the beneficiary and will visit my fiancé in February. We will start the K1 then. 

 

As we don't want to be separated for a long time and from what I've read the waiting time for K1 is between 6-9 months now, I am thinking if we can start the K1 while I am there on the tourist visa. I may be permitted to stay as a tourist up to 6 months. Do you think we will do something wrong if we subimt the k1 application and I stay with him in the US for a couple of months (depending on how much time I get allowed at the POE). I won't overstay, just want to spend as much time as possible with my man and go back to my home country to finish the waiting.

 

Thanks a lot!

Edited December 3, 2017 by wtrav
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[K1VisaApplicant05 176]

wow, that would be amazing, i wish i had thought of that! although in my culture we get married before moving in with each other, if you can move in before on a tourist visa, that's def the way I'd want to go.

 

i personally don't see anything wrong with it since you'd be unmarried and then filing the right visa for marriage

[JFH 12,189]

Nothing wrong with applying whilst you are visiting. But how are you supporting yourself for 6 months in the US? Will you have travel insurance for medical coverage for that long? Don't you have a job to go back to? How will you keep making your rent and utility payments at home whilst you're gone for so long? 

 

Is this your first meeting? If so, I would urge against filing right away. No one wants to be apart - we've all been through that or are going through that. But you also want a strong case for your visa application. This is a step that affects every day of the rest of your life. Don't rush into it. 

[wtrav 34]

1 minute ago, JFH said:

Nothing wrong with applying whilst you are visiting. But how are you supporting yourself for 6 months in the US? Will you have travel insurance for medical coverage for that long? Don't you have a job to go back to? How will you keep making your rent and utility payments at home whilst you're gone for so long? 

 

Is this your first meeting? If so, I would urge against filing right away. No one wants to be apart - we've all been through that or are going through that. But you also want a strong case for your visa application. This is a step that affects every day of the rest of your life. Don't rush into it. 

I have around 7k USD in savings and will stay with my boyfriend so won't have a lot of expenses besides food, ect. As he said, he will be payng the rent for the place he lives at with or without me there. I have a job in my country, however can work remotely from the US. I live with my parents here, so I don't pay for rent nor have any bills coming in my name. 

 

As you said marriage is an important decision. I've never been married before. This is why I think it will be good if we get some time living together and believe that staying with him for some time on a tourist visa will help to see how we will do.

[wtrav 34]

It will not be our first meeting. He visited in the summer and will visit again for Christmas and NYE. We used to work together for almost 2 years before we started our relationship.

[June2017UK 430]

Don’t be surprised if you get turned back at the border. It’s not happened to me but I applied for a B2 to get some more time with my now fiance and got refused and now I’m not eligible for the VWP. I’ve not seen my fiance since he came here in May.

I was self employed, was going to be working remotely and I own my own property in the UK with a healthy bank balance. They never asked for financial ties, but on paper they just saw a single female, no kids and could be away for her country for up to 6 months. Even though I had no intention of doing so, it’s seen as an intending immigrant. Be careful.

Edited December 3, 2017 by June2017UK

[Boiler 43,429]

Being refused a B does not mean you can not use ESTA, been there done that.

 

File now, save 2 months at least.

 

Working remotely is a grey area, do not be surprised if it is an issue.

[June2017UK 430]

1 minute ago, Boiler said:

Being refused a B does not mean you can not use ESTA, been there done that.

 

File now, save 2 months at least.

 

Working remotely is a grey area, do not be surprised if it is an issue.

I tried for VWP again last week - over a year since my refusal - still travel unauthorised unfortunately even though I am now ‘employed’. 

B refusal cancels out the ESTA, I read the small print on that. If you got to still use your ESTA, I wish I was ignorant to the darn small print!

[wtrav 34]

1 minute ago, Boiler said:

Being refused a B does not mean you can not use ESTA, been there done that.

 

File now, save 2 months at least.

 

Working remotely is a grey area, do not be surprised if it is an issue.

Thanks. Job is not an issue. I will have to quit at some point anyways so it won't be a big deal to stop working prior of my visit as a tourist or just get a long unpaid leave. Thanks for pointing out that working remotely is a grey area. I didn't think of that. I def don't want to jeopardize the k1 process.

 

My concern is if staying on a tourist visa for some time while waiting for the NOA2 will be a problem.

[June2017UK 430]

1 minute ago, wtrav said:

Thanks. Job is not an issue. I will have to quit at some point anyways so it won't be a big deal to stop working prior of my visit as a tourist or just get a long unpaid leave. Thanks for pointing out that working remotely is a grey area. I didn't think of that. I def don't want to jeopardize the k1 process.

 

My concern is if staying on a tourist visa for some time while waiting for the NOA2 will be a problem.

Staying and waiting for the NOA2 is not a problem.

Working remotely, being able to quit a job and living with your parents will be a problem for a tourist status.

As Boiler says, apply for K1 now and save yourself time.

[Boiler 43,429]

Basically you need to update ESTA with your changed circumstances, most people seem to get approval after 6 months or so.

 

Some are immediately approved some are not approved at all, varies.

 

 

[JFH 12,189]

29 minutes ago, wtrav said:

I have around 7k USD in savings and will stay with my boyfriend so won't have a lot of expenses besides food, ect. As he said, he will be payng the rent for the place he lives at with or without me there. I have a job in my country, however can work remotely from the US. I live with my parents here, so I don't pay for rent nor have any bills coming in my name. 

 

As you said marriage is an important decision. I've never been married before. This is why I think it will be good if we get some time living together and believe that staying with him for some time on a tourist visa will help to see how we will do.

$7000 won't last long here but it's good that's he's shouldering most of the costs. 

 

Don't be surprised if you show up at the border claiming to be a tourist but with a laptop in your bag and other things related to your job that they send you back. 

 

Assume you have healthcare sorted out for 6 months? Or is that what the $7000 is for?

[wtrav 34]

7 minutes ago, Boiler said:

Basically you need to update ESTA with your changed circumstances, most people seem to get approval after 6 months or so.

 

Some are immediately approved some are not approved at all, varies.

 

 

My country is not part of the ESTA so I had to apply for a visa.

 

I already have a B1/B2 visa that was recently approved. At the interview I told them that I need it to visit my boyfriend and they asked me questions mainly about him. I know there is a risk of getting denied at the POE.

 

 

[June2017UK 430]

10 minutes ago, Boiler said:

Basically you need to update ESTA with your changed circumstances, most people seem to get approval after 6 months or so.

 

Some are immediately approved some are not approved at all, varies.

 

 

Thanks Boiler - How do I change the circumstances on ESTA? I completed that I was denied last year and the employer details changed since my last request. I was refused overnight  - more or less immediately. Any other ideas?

I don’t want to waste another $160 on getting refused a B2 again given I am waiting on a K1 and will be able to quit my job and will be an intending immigrant in the near future. I’m really stuck between a rock and a hard place with a visitor visa now (and hence telling @wtrav  to be careful)

Edited December 3, 2017 by June2017UK

[Boiler 43,429]

3 minutes ago, June2017UK said:

Thanks Boiler - How do I change the circumstances on ESTA? I completed that I was denied last year and the employer details changed since my last request. I was refused overnight  - more or less immediately. Any other ideas?

I don’t want to was another $160 on getting refused a B2 again given I am waiting on a K1 and will be able to quit my job and will be an intending immigrant in the near future. I’m really stuck between a rock and a hard place with a visitor visa now (and hence telling @wtrav  to be careful)

Sounds like you did update ESTA and it has been some time, try again?