Filing K1 while fiance is in US

[iplayitcool 0]

Greetings!

Now that I am a naturalized citizen (as of 09/19/2008), the second phase of immigration struggle starts. My fiance is currently in US on M visa which by definition is a non-immigrant visa and does not allow adjustment of status. The visa expires on Dec 17 with one month grace till Jan 17. My question is that can I file for K1 visa while my fiance is here?

Thanks.

[KimandRuss 0]

Yes, of course you can. There is a spot on the forms to mention he is with you in the States at this time. Not a problem at all as long as he's here legally and returns before his visa expires.

good luck.

[Nikita2Charles 31]

You might get conflicting answers

Why filling out K1 when your fiancee is already here?

You don't need to fill out K1, Just get married and fill AOS( adjustment of status).

It's all about the intent, I am not familiar with M visa visa, if it's work related or something else, but as long as she had come for that purpose and not to come and get married, Just go ahead and get married. Read more on this site others have gone that route, you might be asked some more question regarding this issue and show some kind of proof your fiancee had plan to go back after the M visa.

[eric_and_teresa 10]

If you decide to pursue the K-1, just make sure that your fiance does not remain in the U.S. passed the date on her I-94.

The visa expiration date is a different thing than the authorized date on her Arrival-Departure Record, Form I-94.

[iplayitcool 0]

I had no idea that AOS could be filed on M visa. I just confirmed with an immigration attorney. He mentioned that as long as her intent was not to immigrate, AOS is not a problem. I am glad that her course did not complete last year and she had to come back this year plus the fact that my naturalization process got competed in 3 1/2 months. Thanks, you guys for making the AOS part obvious in your replies earlier. This saves us a lot of time and trouble. BTW I misspelt earlier. I have been talking about my fiancee all along. We intend to get married ASAP. Hopefully this process (marriage+AOS)will also go as smooth as the Naturalization process did. Good luck to everyone. Thanks again to Nikita2Charles (pretty authoritative answer).

Edited September 24, 2008 by iplayitcool

[iplayitcool 0]

We got married yesterday (10/02/2008). I will begin paperwork for AOS this weekend. I am hoping that by the time she graduates (12/19/2008), we are able to obtain EAD for her. I know that its a stretch but wishful thinking does not hurt.

Edited October 3, 2008 by iplayitcool