Can you file for K-1 while on another visa?

[Cass_Rising 0]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

[payxibka 10,048]

You can petition anytime you meet the qualifications and have all the evidence.

Edited May 8, 2008 by fwaguy

[pushbrk 14,516]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

[LaL 418]

Some visas themselves have dual intent and others can be adjusted from to permanent residence. The answer to your question depends on many facts. But no, work (H1-b for example) or student (f-1 for example) you do not have to wait for the visa to expire to file for a K1. Likewise, in some cases a K1 is unnecessary in itself.

[Cass_Rising 0]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

[payxibka 10,048]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

If you arrived to the USA without any intention to immigrate then it is called:

Get married

File I-130, I-485 & I-765.

All can be done while you remain inside the USA

The caution is that you may not be able to travel outside the USA while the process is occuring. That depends on other circumstances

Edited May 8, 2008 by fwaguy

[Chica Yeyé 41]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

for the K-3 visa. If your final intent is indeed to get married (hence your interest in the fiance visa), you might be able to get married and then adjust status. Now, if the student visa has a homestay requirement (some do, after school you have to go home for 'x' number of years); the process is different.

[pushbrk 14,516]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

If you arrived to the USA without any intention to immigrate then it is called:

Get married

File I-130, I-485 & I-765.

All can be done while you remain inside the USA

The caution is that you may not be able to travel outside the USA while the process is occuring. That depends on other circumstances

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

[LaL 418]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

If you arrived to the USA without any intention to immigrate then it is called:

Get married

File I-130, I-485 & I-765.

All can be done while you remain inside the USA

The caution is that you may not be able to travel outside the USA while the process is occuring. That depends on other circumstances

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

Also - the visa entered on - vs. the hypotheticals mentioned.

[Cass_Rising 0]

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

Right - that's why the thought of a K-3 hadn't even entered my head. USCIS has me well trained apparently

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

[pushbrk 14,516]

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

Right - that's why the thought of a K-3 hadn't even entered my head. USCIS has me well trained apparently

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

Ok but K3 is a visa. I'm not talking about a visa. For instance, if a person is here on a student visa, then meets and marries a USC, they don't need any new visa. They just adjust status to permanent resident.

Visas are used to enter countries. Under some circumstances, people already in the US, can simply stay and become permanent residents without leaving and coming back in on a new visa. In other circumstances they can't.

[rebeccajo 14]

Quick question - if you're in the US on another visa (say student or work) do you have to wait for that visa to expire before you file for the K-1?

Yes, you can and depending on the circumstances, you may have the option of skipping the fiance visa and simply marrying in the USA and adjusting status.

Could you tell me a little more about that - or link me to where I could find that info? Thanks so much.

for the K-3 visa. If your final intent is indeed to get married (hence your interest in the fiance visa), you might be able to get married and then adjust status. Now, if the student visa has a homestay requirement (some do, after school you have to go home for 'x' number of years); the process is different.

Students rarely have a homestay requirement.

The original post doesn't seem like the question of someone already in the US on either of these visa types, but rather someone fishing for other visa options. My apologies if I am incorrect BUT....

If you wish to permanently reside in the US you need to file for the appropriate immigrant visa.

[LaL 418]

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

I would be careful with that.

[Cass_Rising 0]

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

I would be careful with that.

No kidding. Mostly I just have the unpleasant job of explaining to people that its not as easy as Hollywood makes it seem - and then pointing them in the direction of different resources.

The original post doesn't seem like the question of someone already in the US on either of these visa types, but rather someone fishing for other visa options. My apologies if I am incorrect BUT....

If you wish to permanently reside in the US you need to file for the appropriate immigrant visa.

Actually the original post isn't in reference to my case at all (I'm the petitioner and my now-husband came here on a K-1 from the UK back in November), but a question that was asked of me by a friend of a friend whose fiance lives in Canada. They wanted to know if he could come here for college during the process (partially, I suspect, because they're young and impaitent), and if so, the best legal route to take. I didn't know - so I asked here.

Ok but K3 is a visa. I'm not talking about a visa. For instance, if a person is here on a student visa, then meets and marries a USC, they don't need any new visa. They just adjust status to permanent resident.

Ah - thank you for clearing that up. I know very little about the K-3 as we didn't go that route.

[pushbrk 14,516]

Ah - thank you for clearing that up. I know very little about the K-3 as we didn't go that route.

Ok but again, I'm not referring to K3 or any other visa. I wrote about staying and adjusting status. Again, no visa.