Jump to content
Katie109

Can process start when fiance is in US?

By Katie109 in K-1 Fiance(e) Visa Process & Procedures

 Share

6 posts in this topic

Recommended Posts

Katie109 Newbie

Katie109   0

Posted
Filed: Timeline
Posted

Hi, I'm new here to the forum and no doubt I'll have lots of questions. Here's my first one, and I need help! Right now I am engaged to an Italian who is currently visiting me on a Tourist Visa. We would like to start the process for a K1 visa asap, but he isn't returning to Italy until December. Does he have to be out of the country for me to start the paperwork? Or can I start now? Thank you !!! Katie

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Hi, I'm new here to the forum and no doubt I'll have lots of questions. Here's my first one, and I need help! Right now I am engaged to an Italian who is currently visiting me on a Tourist Visa. We would like to start the process for a K1 visa asap, but he isn't returning to Italy until December. Does he have to be out of the country for me to start the paperwork? Or can I start now? Thank you !!! Katie

No you can start now. He's here legally and as long as he leaves in accordance with his visa limits, you're fine.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Does he have to be out of the country for me to start the paperwork? Or can I start now? Thank you !!! Katie

You can start now.

as long as he leaves in accordance with his visa limits, you're fine.

ditto

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Fandango Grand Master

Fandango   1,439

Posted
Filed: Timeline
Posted

I say this all the time, but if he doesn't want to go back to Italy in December, and(most importantly) DID NOT PLAN ON IMMIGRATING HERE ON THIS VISIT AT HIS POE, then theoretically, you can marry now, and simply adjust status.

Granted, he will not immediately have a work permit, or the ability to leave the country, so if that is a stumbling block, this option isn't for you.

RebeccaJP Rookie

RebeccaJP   0

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

I say this all the time, but if he doesn't want to go back to Italy in December, and(most importantly) DID NOT PLAN ON IMMIGRATING HERE ON THIS VISIT AT HIS POE, then theoretically, you can marry now, and simply adjust status.

Granted, he will not immediately have a work permit, or the ability to leave the country, so if that is a stumbling block, this option isn't for you.

I had no idea you could do that. What is the process?

Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

I had no idea you could do that. What is the process?

Well, the tricky thing is to prove that your fiance(e) did not come to the US with the main purpose of getting married and then adjust status (which is considered fraud). Having said that, it is true that someone who is here, legally, with a current visa can actually get married and adjust status accordingly.

I was in the US legally under an H4 visa (as minor child of an H1 or professional visa) when I got married to my now ex-husband and was able to file my adjustment of status from my H4 to a conditional permanent resident status.

Not that I am advicing, at all, to have your British fiance(e) come onder the Visa Waiver Program and marry you. I mean, the K1 visa exists so that the process is followed, so you should not try to find loopholes in the law. I guess we all will just have to wait and hope for our petitions -and visas- to be approved in due time.

Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...