Need Advice Prior to K-1 Filing

[Karin Italia 0]

Hi all,

I am new to the boards, but I have done quite a bit of reading and research on filing for a K-1 Visa for my fiance on this and other sites. This site has been so useful and full of great information!!

I need some advice...Here's a bit of background:

-My fiance, Mario, and I met about 3 months ago online.

-I am a US Citizen, Mario is an Italian Citizen.

-Since our meeting, we have kept in touch via Skype - usually about 3 hours/day of talking.

-I am currently in the middle of a divorce - papers are filed and we are a few months away from my divorce being final.

-I went to visit Mario earlier this month in Italy for a week. This was our first in-person meeting. He proposed and I accepted.

-Mario will be coming here to the US to visit for about 2 months in October.

I know the K-1 process can take anywhere from 5 months to over a year. Both Mario and I are very eager to start our life together. I am 35 years old and want to have children! I would like to have him here on a Visa as soon as possible, but I want to ensure that we do things the right way to not jeopardize his future K-1 Visa. I have seen posts by others that have married F-1 Visa holders and then filed for a K-1 while their spouse is on an F-1. Now I know that we cannot do that because that would be considered fraud if he was to get an F-1 with the intent of staying in the US and marrying me.

I need some advice on how to get him here as soon as possible.

Thank you!

[KimandRuss 0]

I'm not sure what you're asking. Since you already have the intent to marry/immigrate he should not come in on a visitor's visa and marry. If you do this, you will most likely face added scrutiny at the adjustment stage and if it is proven he had intent to immigrate when he entered the US he will face a ban. Not really worth the risk and nobody should be suggesting this to you.

Your fastest route is probably going to be K1 which you can only file after your divorce is final (ie; after the waiting period if applicable). The timelines change all the time. Our petition was just approved in 4 months (120 days exactly) but in January/February Vermont was taking under a month. California used to take a long time but have now caught up with Vermont for the most part. So, you can't really know until you're there.

btw... I had to wait years for my divorce to be final so we could file the petition too. It's been hell but there is light at the end of the tunnel now and it's all been worth it! I hope you find your new journey goes a lot quicker!

[payxibka 10,048]

Applying for a K-1 while here in a B1/2, J-1,F-1, L-1, etc... is perfectly OK...

Edited August 18, 2008 by fwaguy

[pushbrk 14,061]

Applying for a K-1 while here in a B1/2, J-1,F-1, L-1, etc... is perfectly OK...

Yes, it's legal but the applicant will still need to return to the home country to interview.

[KimandRuss 0]

yes, should have mentioned... IF he's already here... which he is not.

An F-1 visa holder should still not have immigrant intent.

[Ling Ling 22]

Hi all,

I am new to the boards, but I have done quite a bit of reading and research on filing for a K-1 Visa for my fiance on this and other sites. This site has been so useful and full of great information!!

I need some advice...Here's a bit of background:

-My fiance, Mario, and I met about 3 months ago online.

-I am a US Citizen, Mario is an Italian Citizen.

-Since our meeting, we have kept in touch via Skype - usually about 3 hours/day of talking.

-I am currently in the middle of a divorce - papers are filed and we are a few months away from my divorce being final.

-I went to visit Mario earlier this month in Italy for a week. This was our first in-person meeting. He proposed and I accepted.

-Mario will be coming here to the US to visit for about 2 months in October.

I know the K-1 process can take anywhere from 5 months to over a year. Both Mario and I are very eager to start our life together. I am 35 years old and want to have children! I would like to have him here on a Visa as soon as possible, but I want to ensure that we do things the right way to not jeopardize his future K-1 Visa. I have seen posts by others that have married F-1 Visa holders and then filed for a K-1 while their spouse is on an F-1. Now I know that we cannot do that because that would be considered fraud if he was to get an F-1 with the intent of staying in the US and marrying me.

I need some advice on how to get him here as soon as possible.

Thank you!

Sounds like you did your homework. Kudos to you.

The only sure-fire legal way to guaranty a visa in under a year is for YOU to LEGALLY move to Italy for 6 months.

After 6 months, you can apply for the visa at the US Embassy (DCF - Direct Consular Filing).

Otherwise, all you can do is put together all your paperwork make sure it's correct, and get in the VJ line.

Best of luck

[payxibka 10,048]

nothing is guaranteed...

For DCF to work you also need to be married prior to filing....

[Karin Italia 0]

I'm not sure what you're asking. Since you already have the intent to marry/immigrate he should not come in on a visitor's visa and marry.

Hi Kim - Thank you for your quick response.

My question was how do I get the love of my life to the US as soon as possible and as legally as possible. You definitely answered my question and clarified what I had already thought - the fastest thing to do is to file for a K-1 Visa once my divorce is final.

Mario does wish to come here and go to University as he doesn't feel he can get a decent job in the US without a degree. We have the money available to pay for his education for at least 2 years. But what I am hearing is that filing for a F-1 is not a good idea if he has any intent of marrying me.

Thanks again for your feedback!

Karin

[Ling Ling 22]

nothing is guaranteed...

For DCF to work you also need to be married prior to filing....

Thanks for the caveat and adding the additional info regarding marriage status requirement.

True, there are no guarantees in life.

[HighwayStar 0]

Get your divorce and file for a K-1. My SO and I did the same... We had to wait a long time before he could file for divorce (one year mandatory separation in his state), and then five months for the divorce to be final. We filed a couple of weeks later, though our first application ran into some problems (see my sig for that). Waiting sucks indeed, and the days before our petition was approved were sheer hell. However, now our file is in Naples, and we'll be together very soon - legally, and without any kind of hassle. Incidentally, I am even older than you, and every day wasted felt so heavy. Just remember that there is light at the end of the tunnel! Feel free to drop me a PM if you need any help!

[Ana&D 0]

As was mentioned before, ur fiance can come and visit you while you guys wait for K1 approval. For some countries it's much easier to get a tourist/visitor visa to spend some time together, maybe some Italians can chip in as to how hard it is to get a visa.

I'll just say that going to college might be a bit easier and much cheaper once you two are married and Mario gets his GC. In some colleges he can qualify for in-state fees rather quickly. Just something to research. Good luck with the divorce!