here is a case of my friend...

[sam808 0]

My friend's Fiance is working in London on a student visa. My friend is a US Citizen. He wants to get his fiancee to America and marry her and the quickest possible way they could ever think of is through a K1 visa. Now, since his fiancee is a nurse, she has a pending application with USCIS. I am not sure what it is exactly but it's probably immigrant visa. Is it possible to process her K1 visa in London on a student visa and with a pending application? What do they need to do? Any answers or advise is greatly appreciated. Thanks.

[Boiler 45,676]

The London Consulate will deal with those who are in the UK on student visa's.

[sam808 0]

The London Consulate will deal with those who are in the UK on student visa's.

so does she need to do? does that mean, with her case situation, it's still possible?

[TracyTN 237]

Need to find out what the 'pending application' is before we can tell you anything.

[sam808 0]

Need to find out what the 'pending application' is before we can tell you anything.

He said the immigrant application ins in the approval stage now but still nobody knows how long it will take.

[TracyTN 237]

That's still pretty vague, but I assume a family member filed an I 130 petition on her behalf. In which case, no, it doesn't matter if the K1 process is initiated for her. She'll just want to be sure to disclose the pending immigrant petition whenever asked.

[sam808 0]

That's still pretty vague, but I assume a family member filed an I 130 petition on her behalf. In which case, no, it doesn't matter if the K1 process is initiated for her. She'll just want to be sure to disclose the pending immigrant petition whenever asked.

No, she is not petitioned by a family member. She has applied for an immigrant visa so that she could work here as a nurse and at the same time legally stay here. Advantage to nurses. But she applied through a recruitment agency. Thanks for sharing your answers though. I'll try to dig deeper to know what kind of form exactly she has filled out or what specific visa she has applied for.

That's still pretty vague, but I assume a family member filed an I 130 petition on her behalf. In which case, no, it doesn't matter if the K1 process is initiated for her. She'll just want to be sure to disclose the pending immigrant petition whenever asked.

No, she is not petitioned by a family member. She has applied for an immigrant visa so that she could work here as a nurse and at the same time legally stay here. Advantage to nurses. But she applied through a recruitment agency. Thanks for sharing your answers though. I'll try to dig deeper to know what kind of form exactly she has filled out or what specific visa she has applied for.

[TracyTN 237]

A work visa and an immigrant visa are two different things to me. Are you saying an employer agreed to sponsor her for a visa?

[sam808 0]

A work visa and an immigrant visa are two different things to me. Are you saying an employer agreed to sponsor her for a visa?

Oh I got it. The form that she filled out is the form I-140.

[TracyTN 237]

It says that form must be filled out 'on behalf of' an alien, not by the alien themselves. So that recruitment agency must be footing the bill.

I'd at least inform them that there is about to be a K1 filed. They may want to know that she may be emigrating here anyway, and spare themselves the further cost of sponsoring her.

But I don't think having both in the system at the same time can hurt her. It may not hurt to run that past an immigration attorney, though - just to have all bases covered. Many will do free consultations - or perhaps the recruitment agency would have one that they can ask.

[Nik+Heather 121]

Aside from the multiple visa filings, the other possible issues that may come up is the expiration of her student visa in the UK.

The K-1 visa is valid for 6 months before it can be used, and the interview can be put off for a few months in addition to that, so they should be sure that they apply early enough that if there are any bumps in the road she doesn't go out of her UK status while waiting for her US visa. The last thing she'll want to be doing is panicking about her status in the UK expiring while she's waiting on the US embassy.

[sam808 0]

Aside from the multiple visa filings, the other possible issues that may come up is the expiration of her student visa in the UK.

The K-1 visa is valid for 6 months before it can be used, and the interview can be put off for a few months in addition to that, so they should be sure that they apply early enough that if there are any bumps in the road she doesn't go out of her UK status while waiting for her US visa. The last thing she'll want to be doing is panicking about her status in the UK expiring while she's waiting on the US embassy.

does that mean, they can go ahead and proceed with processing the K1 visa without cancelling the application for I-140?

[Nik+Heather 121]

does that mean, they can go ahead and proceed with processing the K1 visa without cancelling the application for I-140?

I really don't know. I was bringing up another wrinkle to plan for.

[TracyTN 237]

It says that form must be filled out 'on behalf of' an alien, not by the alien themselves. So that recruitment agency must be footing the bill.

I'd at least inform them that there is about to be a K1 filed. They may want to know that she may be emigrating here anyway, and spare themselves the further cost of sponsoring her.

But I don't think having both in the system at the same time can hurt her as I'm no expert. It may not hurt to run that past an immigration attorney, though - just to have all bases covered. Many will do free consultations - or perhaps the recruitment agency would have one that they can ask.

Repeating myself....!

[Nik+Heather 121]

Actually, if my reading is correct, the I-140 is a petition for an immigrant visa - So, if she follows through with that process she comes out of it with a green card AND a job.

On the other hand, if they go the K-1 route, they pay Maybe $2500 and no job and lots of hassle.

Are they expecting the I-140 to fall through for some reason or take an inordinately long amount of time? Economically, it seems clear that the K-1 is NOT the preference here.