is it worth filling a K1 visa if

[malou18 0]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt But i want to stay on the safe side,or is it worth filling a K1 visa and wait those months by the time i get it , it would be 1 year left i would say for only 2 years or so thanks all for your help cheers

Edited October 9, 2008 by malou18

[Laura+Tom 2]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt or is it worth filling a K1 visa and wait those months for only 2 years or so thanks all for your help cheers

Immigration with intent to stay/adjust is fraud. And believe me they probably will find out.

[YuAndDan 153]

Big question, Do you plan on being unemployed for the 2 years? Work visas are hard to get, and NON-Immigrants (Visitors) cannot take a job.

Why not go to school too? You could apply for a student visa.

Visitors visas typically get issued with allowed stays up to 1 year, and extending that can be tricky.

Edited October 9, 2008 by YuAndDan

[malou18 0]

my plan is to go to usa stay there with the extension but returning back to the home country after the time is up then stay home for a while then back to USA then travel back and live in europe

[Otto 83]

For me/us, it'd be worth not playing it 'by ear'.

2 years ("or so") can easily turn in to 5 before you know it.. Plus there's never a guarantee anyone can get a visa extension..

[payxibka 10,048]

my plan is to go to usa stay there with the extension but returning back to the home country after the time is up then stay home for a while then back to USA then travel back and live in europe

Extentions are granted for reasons... Not simply because you want to.....

This is a tough situation with no obvious ansswer....K-1 would work but it would take some time and $$$$$

Edited October 9, 2008 by payxibka

[LuckyDucky 0]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt But i want to stay on the safe side,or is it worth filling a K1 visa and wait those months by the time i get it , it would be 1 year left i would say for only 2 years or so thanks all for your help cheers

Normally I don't comment on people's grammar or punctuation because I'm well aware of my own limitations, but I'm a little confused (probably my own fault) by this single sentence and need a little clairifcation.

Please give a little more detail on "after that we will return back". Where are you returning to? Is your fiance a US citizen? Does that mean he's planning on immigrating to your country of origin after he completes his studies?

When you say "went to the US and extend", did you mean coming here and staying beyond your visa limit? Do you ever plan on coming back to the US again? I suppose if you don't ever plan on coming back, you can stay here illegally and incur a 3-year or 10-year ban and it won't affect you. However, if you do plan on coming to the US again, you may want to reconsider the risk.

What country are you coming from? Chances are your entry and exit will be tracked so it would be relatively easy for them to know about an overstay.

I'm a little fuzzy on your short-term and long-term goals. Right now I know your fiance is in the US. I'm assuming he's a US citizen, but I could be wrong. It sounds like both of you are planning on moving back to your country of origin after he graduates? So do you just want to be with him while he studies in the US before both of you return to your country?

[YuAndDan 153]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt But i want to stay on the safe side,or is it worth filling a K1 visa and wait those months by the time i get it , it would be 1 year left i would say for only 2 years or so thanks all for your help cheers

Normally I don't comment on people's grammar or punctuation because I'm well aware of my own limitations, but I'm a little confused (probably my own fault) by this single sentence and need a little clairifcation.

Please give a little more detail on "after that we will return back". Where are you returning to? Is your fiance a US citizen? Does that mean he's planning on immigrating to your country of origin after he completes his studies?

When you say "went to the US and extend", did you mean coming here and staying beyond your visa limit? Do you ever plan on coming back to the US again? I suppose if you don't ever plan on coming back, you can stay here illegally and incur a 3-year or 10-year ban and it won't affect you. However, if you do plan on coming to the US again, you may want to reconsider the risk.

What country are you coming from? Chances are your entry and exit will be tracked so it would be relatively easy for them to know about an overstay.

I'm a little fuzzy on your short-term and long-term goals. Right now I know your fiance is in the US. I'm assuming he's a US citizen, but I could be wrong. It sounds like both of you are planning on moving back to your country of origin after he graduates? So do you just want to be with him while he studies in the US before both of you return to your country?

Very true, also is boyfriend even a US Citizen or just studying in the USA on a student visa?? If not a US citizen, the K-1 is NOT even an option, Only US citizens can file I-129F for a K-1.

If Boyfriend IS a NON-US citizen in the USA on an F-1 visa, one option is for him to marry you in home country, and then file for you to get an F-2 dependent visa.

http://faq.visapro.com/F2-Visa-FAQ.asp

[Old Dominion 26]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt But i want to stay on the safe side,or is it worth filling a K1 visa and wait those months by the time i get it , it would be 1 year left i would say for only 2 years or so thanks all for your help cheers

It doesn't usually pay to think the USCIS won't find out about someone ignoring the regulations. For the reasons mentioned by others (including employment of any kind while here) the K-1 is the right way to go. The U.S. citizen must originate it. What is your country of origin? Once the process for obtaining the K-1 is started, if you are from the UK you should have no problem visiting while your case is pending, so long as you are back home to obtain and file the actual visa application through the U.S. Embassy there, and then be interviewed there.

[Dean iWait 0]

hi all thanks for looking at my post i really need all of your help i would like to know if is it worth it to file a K1 visa if im only going to be in the USA with my faince for 2 years he will finish his university and after that we will return back would it be better and faster if i just went to the US and extend i know u must not have the intention of staying there but as long as they wont know wont hurt But i want to stay on the safe side,or is it worth filling a K1 visa and wait those months by the time i get it , it would be 1 year left i would say for only 2 years or so thanks all for your help cheers

Just do it right. Things can change a lot over the years. What if you two decided some years down the road you wanted to live in the states? But you had overstayed a visa in the past so it messed everything up. Just something to think about.

[rebeccajo 14]

Some of you really are a judgmental lot, aren't you?

A K-1 visa is for persons who intend to marry in the US. I haven't heard the OP say a word about marrying their fiance. They also state they have no intention of living permanently in the US.

Don't get your panties all bunched about advising the 'legal' way to do things when we aren't even clear on the OP's situation.

Edited October 10, 2008 by rebeccajo

[Gemmie 142]

You're right, the OP hasn't stated whether they intend to marry their fiance/e in the US.

If they don't, I'd seriously wonder why they would even consider a K1 visa when the 90 day rule exists.

[Laura+Tom 2]

The OP hasn't really given any info. I wonder if they will.

[LuckyDucky 0]

Some of you really are a judgmental lot, aren't you?

A K-1 visa is for persons who intend to marry in the US. I haven't heard the OP say a word about marrying their fiance. They also state they have no intention of living permanently in the US.

Don't get your panties all bunched about advising the 'legal' way to do things when we aren't even clear on the OP's situation.

I don't necessarily find some of these posts judgmental. A few definitely state the consequences of an overstay, which I believe is important. Other's have mentioned financial concerns while staying in the US, or the ability to stay here while the K-1 is being processed and returning for the interview. These seem to be good points.

my plan is to go to usa stay there with the extension but returning back to the home country after the time is up then stay home for a while then back to USA then travel back and live in europe

They've stated that they'd like to come back to the USA. Unfortunately, I can't tell if this is just for holiday or if it's to live for some time. Either way, an overstay may jeapordize their ability to come back to the US.

I will definitely agree that we don't know enough about the OP's situation, but you can't fault people for trying to be helpful. Granted, speculation rarely helps, but it may encourage the OP to reply with, "Oh no ... I didn't mean that, but ..." and provide more detail.