Quick question about K-1 and tourists

[armorri122 1]

Hello all,

I am a graduate of the visajourney living with my husband in California. A friend of mine is about to start the process of applying for a K-1 fiance visa. However, I did not obtain a K-1 and cannot remember the answer to her question so was wondering if you could help me out: If your fiance is on a tourist visa at the time of filing, is he or she eligible to stay in the US throughout the duration of filing for the K-1? I know that if you are on a student visa or an H1-B, your current visa is extended but am unsure if this is the case for tourists.

Thanks much!

[keka 1]

Hello all,

I am a graduate of the visajourney living with my husband in California. A friend of mine is about to start the process of applying for a K-1 fiance visa. However, I did not obtain a K-1 and cannot remember the answer to her question so was wondering if you could help me out: If your fiance is on a tourist visa at the time of filing, is he or she eligible to stay in the US throughout the duration of filing for the K-1? I know that if you are on a student visa or an H1-B, your current visa is extended but am unsure if this is the case for tourists.

Thanks much!

Well as i know , he can go and back with his tourist visa but the k1 visa is for those people who dont have any kind of visa and want a "permission" for get married in USA , i saw in some topic that if you get married with tourist visa can be maybe a problem for make a AOS..

[payxibka 10,044]

Hello all,

I am a graduate of the visajourney living with my husband in California. A friend of mine is about to start the process of applying for a K-1 fiance visa. However, I did not obtain a K-1 and cannot remember the answer to her question so was wondering if you could help me out: If your fiance is on a tourist visa at the time of filing, is he or she eligible to stay in the US throughout the duration of filing for the K-1? I know that if you are on a student visa or an H1-B, your current visa is extended but am unsure if this is the case for tourists.

Thanks much!

You are eligible to stay as long as the time that was granted by the CBP upon entry (ie.. the date on the I-94). A tourist visa stay period is extendable, but being the beneficiary of a I-129F petition is not something that makes one "automatically" eligible.

Edited July 8, 2010 by payxibka

[Rugby7 0]

If they are already here in the US, and they want to get married, then they would just have to do a AOS on the tourist visa after they get married. If you want to file a K1 then you need to leave the country.....and it takes time to get and I dont think they will be able to come visit the US during that time. Its cheaper to just get married in the US and do the AOS.... The K1 is $455, plus $350 for the interview! Consider him lucky to be in the US now!

You are eligible to stay as long as the time that was granted by the CBP upon entry (ie.. the date on the I-94). A tourist visa stay period is extendable, but being the beneficiary of a I-129F petition is not something that makes one "automatically" eligible.

[armorri122 1]

But how do you do an adjustment of status? And could you get married inside the US on a tourist visa? I thought you had to have a K-1 to get married. Again, I got married outside of the country and then moved to the US so I'm not familiar with his procedure.

Thanks again!