K1 required for Visa waiver program countries?

[BigCityDave 0]

Hey everyone,

I have been listening to the news in Hungary and the Ambassador there is working hard to get Hungary part of the Visa Waiver Program. I know that with that program the requirements are similar to that of a real Visa but the candidate may travel to the US for 90 days.

My question is, does that individual need a K1 Visa to be legally married to an American? What do you know about the Visa Waiver Program?

Thank you

[Sal and Jay 2]

Here is the uk is part of the Visa Waiver program, and it means you can travel to the states for 90 days without applying for a visa, but you still need the K1 to move out there permanently. Hope that helps.

[~Laura and Nick~ 5]

She can come over on the VWP if Hungary becomes apart of it and you can get married at any time. The K1 is a totally different..you don't need it in order to use the VWP...it's separate.

The difference is, she can't just stay after getting married using the VWP..she has to go back to Hungary and you'd have to start over with the K3 or CR-1 in order for her to come back and live. With the K1, you come over and get married within 90 days and then you adjust status.

Be patient Dave, your NOA2 is coming in just a few more months.

Take each step, you'll cross that bridge when the time comes if for some reason the K1 doesn't work out, which I'm sure it will.

Best of luck to you!

Edited March 1, 2008 by ~Laura and Nick~

[BigCityDave 0]

Thanks for the help guys.

I apologize, just found the answer here. http://travel.state.gov/visa/temp/without/without_1990.html

Yup, I need that K1 Visa.

Laura, I sure hope you are right. I am a little jealous because you are at the Vermont service center. I can almost guarantee you will get yours sooner and I will still have a few months to wait. If it comes by June at least I will be happy but the wait has been hard this week and I am not sure why.

[raymaga 25]

If you are thinking of your fiance coming over to the US on the VWP, and then getting married, that part is fine. But if you are thinking that just because you are married that she will be able to stay in the US, that part is not fine. She would have to return to Hungary and get the K-3 or CR-1 Visa in order to return to the US to live. Getting married on a visit here would make the K-1 Visa invalid because it is a "fiance" visa and she would no longer be a fiance.

If you sent your application in last December, you should be getting your approval very soon. It's hard to wait it out, we all know just how hard it is, but you will soon be approved and can be together for the rest of your lives.

Good luck for a speedy approval and best wishes to you both.

[~Laura and Nick~ 5]

Laura, I sure hope you are right. I am a little jealous because you are at the Vermont service center. I can almost guarantee you will get yours sooner and I will still have a few months to wait. If it comes by June at least I will be happy but the wait has been hard this week and I am not sure why.

Dave, no need to be jealous but I know all too well how you feel. I do feel very lucky that our service center is Vermont but at the same time I'm being left behind too. Late December and January filers are being approved and here we sit.

There are people still waiting from 7+ months ago. The system is messed up.

Sometimes I am okay with it, sometimes I'm not. I cry, then I get some comfort and encouragement from my fellow VJ'ers and of course, my Nick.

All I can say is this...no matter when we get our NOA2s, whether I get mine tomorrow and you get yours a month from now...or I get mine 3 months from now and you get yours in 2 weeks....we will be with the one we love, no matter how much time passes, keep faith in that.

Your girl loves you just as my Nick loves me and we will be together.

Sending you hugs

~Laura

Edited March 1, 2008 by ~Laura and Nick~

[YuAndDan 153]

YES Entering the country on a visitor's visa (VWP) with the INTENT to immigrate is visa fraud, if this were not the case then there would be no K-1 visa, everyone would just use the VWP, or apply for a B-Visa.