Am I eligible?

[danae 0]

Hi all,

I am a UK citizen currently living in the states under a one year visitors visa, which expires this september. I live with my partner who is a US citizen, and wish to stay here. Am I eligible for a K-1 visa even though I am already in the country? I assume I would still have to return to the UK in sept until this came through though???

We dont think we want to apply for a K-3 yet, as we want to give ourselves a bit more time. So the K-1 seems like a good option if its possible to get it.

Eek this whole damn process is scary and confusing!

Thank you!

[Jaci 0]

Hi all,

I am a UK citizen currently living in the states under a one year visitors visa, which expires this september. I live with my partner who is a US citizen, and wish to stay here. Am I eligible for a K-1 visa even though I am already in the country?

Very likely yes Your fiance can apply for you while you are still here as long as you are both free to marry, among other things. You'll need an address in the UK to receive your documents.

I assume I would still have to return to the UK in sept until this came through though???

Yes, it's very important not to overstay your visa. You would need to appear at the interview at the US embassy in the UK.

We dont think we want to apply for a K-3 yet, as we want to give ourselves a bit more time. So the K-1 seems like a good option if its possible to get it.

Eek this whole damn process is scary and confusing!

Thank you!

The K-1 will give you 90 days to marry after you re-enter the US. Be sure you have complied with the terms of your visitor's visa before you leave, to ensure that you will have no bans on re-entry. Good luck and welcome to VJ.

[danae 0]

Thanks for the response!!

So say I came back on the fiance visa and we were married within the 90 days, would I have to return AGAIN while waiting for the K-3 visa?!

[luv2teach77 41]

If you are granted a K-1, once you enter the US and get married within the required 90 days, you will be able to remain in the USA. Once married you will apply to adjust your status from a K-1 holder to that of legal permanent resident. The result of adjusting status is the issuance of a 2 year conditional green card.

You don't have to apply for another visa once you have been granted the K-1. The K-3 visa is for a USC that is married to non USC. They would need to file for a K-3 so that the non USC spouse could come and live in the US. If you apply for a K-1 that is the only visa you will need to stay in the US permanently (as long as you meet all the requirements of the visa !!)

Mark

[danae 0]

If you are granted a K-1, once you enter the US and get married within the required 90 days, you will be able to remain in the USA. Once married you will apply to adjust your status from a K-1 holder to that of legal permanent resident. The result of adjusting status is the issuance of a 2 year conditional green card.

You don't have to apply for another visa once you have been granted the K-1. The K-3 visa is for a USC that is married to non USC. They would need to file for a K-3 so that the non USC spouse could come and live in the US. If you apply for a K-1 that is the only visa you will need to stay in the US permanently (as long as you meet all the requirements of the visa !!)

Mark

Seriously?!! wow that is great news! I did not expect that and figured I would have to go back again. wow thank you for that info! How long does the K1 normally take to come through?

[Ladylethal 12]

How long have you been there? I think you may even eligible to just get married and apply for AOS. If you met him/her during this year as a visitor, and didn´t have any intentions to get married when you came with this visa, you might as well just be able to marry and file for AOS. Can someone shed some more light here?

If you do decide to go the K1 way, when you come back to US you don´t haveto leave again and apply for a K3, K1 will let you go from marriage to AOS.

[pj1959us 0]

Before we continue much longer, I wanted to verify something.

Please don't take this the wrong way, and perhaps I am interpreting your ID and into your post incorrectly, but are you in a man/woman relationship? The "lauraxmarie" ID and stating "living with my partner" made me wonder, so I wanted to point out that a K-type visa would only be available in the US to those in an opposite sex relationship. I just didn't want you to get your hopes up and find you are unable to obtain a visa.

If I am wrong, I apologize, and please carry on.

[danae 0]

Before we continue much longer, I wanted to verify something.

Please don't take this the wrong way, and perhaps I am interpreting your ID and into your post incorrectly, but are you in a man/woman relationship? The "lauraxmarie" ID and stating "living with my partner" made me wonder, so I wanted to point out that a K-type visa would only be available in the US to those in an opposite sex relationship. I just didn't want you to get your hopes up and find you are unable to obtain a visa.

If I am wrong, I apologize, and please carry on.

yes i am a female and my partner is a man. I see where the confusion may have arisen!

Now what is AOS? I did meet him during my visitors stay yes, so didnt come here with any intentions to marry.

[Ladylethal 12]

AOS is when you adjust your status, so you can apply for your Green Card.

[pj1959us 0]

Sorry! I tried to word that delicately but had to be sure. Sometimes assumptions can be problematic.

If you did not intend to marry AND REMAIN when you obtained the visa and came to the USA, then marrying and submitting an AOS (Adjustment of Status) petition could be an option for you. After marrying, you would submit I-485 AOS, I-130 (ummm...thingy), G-325A Biographical forms (for both of you, I think, in this situation), an I-864 affidavit of support (filled out by your husband), and other documents to support your petition (marriage certificate, etc...the documents required would be on the forms).

If this is an option for you, then you would not have to leave the US and await a visa. You definitely would want to be mindful of visa expiration and any out of status stays....if you overstay and leave the US, you would more than likely not be allowed back in (unless you have already received your green card by then).

Hope that in a nutshell helps...read the FAQ guides and on the USCIS website and go from there.

Best of luck to you!

[danae 0]

AOS is when you adjust your status, so you can apply for your Green Card.

Hmm...interesting. So do you know how I would go about doing that? This is the first Ive heard about doing it that way.

[aussiewench 9]

AOS is when you adjust your status, so you can apply for your Green Card.

Hmm...interesting. So do you know how I would go about doing that? This is the first Ive heard about doing it that way.

Have a read of the info and links within this thread

http://www.visajourney.com/forums2/index.php?showtopic=62644&hl=

[danae 0]

wow thanks so much to all you guys. that thread you linked really has it all in yes!

Ive gone from crying my heart out from stress all afternoon, to being happy and excited and much less overwhelmed and confused!

Thanks again

[aussiewench 9]

wow thanks so much to all you guys. that thread you linked really has it all in yes!

Ive gone from crying my heart out from stress all afternoon, to being happy and excited and much less overwhelmed and confused!

Thanks again

[Kajikit 65]

Yep. If you came to the US legally and you are still IN the US legally and you had no intention of getting married when you arrived, you could just do it now and skip the visa - you don't need permission to come into the country because you're already here! The only hitch is that you can't leave again until you've got your greencard... so if you wanted to go home you'd have to do the K1.