C1/D Visa can I still apply for K1????

[tjabele 0]

Hi all,

I recently became engaged to my girlfriend of two years from Oklahoma and I am from England. We met working at a summer camp and can't wait to get married! However there could potentially be a spanner in the works.....

I am training to be a naval officer and am required to get a C1/D crewmans visa to finish my qualification exams. The wording of the visa says that a holder may not adjust status to permanent resident. Now I know this seem silly but does that mean that if I have a C1/D visa my application for a K1 visa will automatically fail or does it just start a new visa application process. We plan on getting married Spring/summer 2012 once I have finished my final exam but next summer will be away at sea for 5 months from June to November. When would be the best time for my fiance to file for the visa next year so that I could be sure of being back on english soil to do my bit in November/December/January time? Once she has completed the process at her end and got the authorisation how long do I have to go for an interview in england.

I have had 3 past J1 visas, have never overstayed my welcome, have been visiting every three months and have no criminal convictions so would hope this is a fairly simple process(apart from the paper work)

Hope to hear some replies shortly

[Rebecca Jo 1,962]

Hi all,

I recently became engaged to my girlfriend of two years from Oklahoma and I am from England. We met working at a summer camp and can't wait to get married! However there could potentially be a spanner in the works.....

I am training to be a naval officer and am required to get a C1/D crewmans visa to finish my qualification exams. The wording of the visa says that a holder may not adjust status to permanent resident. Now I know this seem silly but does that mean that if I have a C1/D visa my application for a K1 visa will automatically fail or does it just start a new visa application process. We plan on getting married Spring/summer 2012 once I have finished my final exam but next summer will be away at sea for 5 months from June to November. When would be the best time for my fiance to file for the visa next year so that I could be sure of being back on english soil to do my bit in November/December/January time? Once she has completed the process at her end and got the authorisation how long do I have to go for an interview in england.

I have had 3 past J1 visas, have never overstayed my welcome, have been visiting every three months and have no criminal convictions so would hope this is a fairly simple process(apart from the paper work)

Hope to hear some replies shortly

The wording means you can't adjust status from the C1/D visa, not from another type of visa.

If a legally inspected alien is on US soil and marries a US citizen, they can file to adjust based upon that marriage. People do this all the time when they've entered on various and asundry visa types. People do this who have entered on the VWP. Canadians do this. In most cases, as long as you have passed legally through US border control, you can adjust status to permanent resident based upon marriage to a US citizen.

Holders of C1/D visas can't do this, even though they were legally inspected when they entered the US. They are one of the few categories of entrants who cannot.

If you enter on your K1, and not your C1/D, you can legally adjust your status. However, you will not be able to go in and out of the US on that crewman's visa while you wait out your adjustment process. You may need to check with the Navy and make sure that won't be problematic.

Oh while I'm at this, you should be checking out your J1's to make sure there is no 2-year home residency stipulation on those visas.

[tjabele 0]

The wording means you can't adjust status from the C1/D visa, not from another type of visa.

If a legally inspected alien is on US soil and marries a US citizen, they can file to adjust based upon that marriage. People do this all the time when they've entered on various and asundry visa types. People do this who have entered on the VWP. Canadians do this. In most cases, as long as you have passed legally through US border control, you can adjust status to permanent resident based upon marriage to a US citizen.

Holders of C1/D visas can't do this, even though they were legally inspected when they entered the US. They are one of the few categories of entrants who cannot.

If you enter on your K1, and not your C1/D, you can legally adjust your status. However, you will not be able to go in and out of the US on that crewman's visa while you wait out your adjustment process. You may need to check with the Navy and make sure that won't be problematic.

Oh while I'm at this, you should be checking out your J1's to make sure there is no 2-year home residency stipulation on those visas.

Hi jonnyquest,

Thanks for your response on my topic but I think you missed the point. I completely understand the rules regarding each individual visa however, my question was:

'can my fiancé apply for k1 visa for me once I hold the c1/d visa or will the c1/d visa make any application fail?'

I do not intend ti enter the country on my c1/ d visa and get married. Nor do I intend on risking the process by going ahead with the c1/d visa if it will directly affect my application for the k1 visa.

Tristan

[tjabele 0]

The k1 and c1/d visa are for completely separate purposes it just so happens my employment situation may require me to have a c1/d visa

[payxibka 10,045]

The k1 and c1/d visa are for completely separate purposes it just so happens my employment situation may require me to have a c1/d visa

having a c1/d visa does not preclude you from applying for a K-1. However, once you are in the USA as a K-1, you will be precluded from re-entering the USA (should you depart) until such time as you have the required documents for re-entry... (ie advance parole or greencard). Once you are a resident of the USA you will no longer require the c1/d visa

[Rebecca Jo 1,962]

Hi jonnyquest,

Thanks for your response on my topic but I think you missed the point. I completely understand the rules regarding each individual visa however, my question was:

'can my fiancé apply for k1 visa for me once I hold the c1/d visa or will the c1/d visa make any application fail?'

I do not intend ti enter the country on my c1/ d visa and get married. Nor do I intend on risking the process by going ahead with the c1/d visa if it will directly affect my application for the k1 visa.

Tristan

Hi Tristan yes I saw that part of your query. But you seemed to ask that question because of the phraseology on the C1/D about adjusting status. So I explained why it was there and what makes it unique from other visas.

As pay clarified, it won't affect anything about your K1.

Stop worrying about it and double-check your previous J visas.

[Barbara J 115]

Hi all,

I recently became engaged to my girlfriend of two years from Oklahoma and I am from England. We met working at a summer camp and can't wait to get married! However there could potentially be a spanner in the works.....

I am training to be a naval officer and am required to get a C1/D crewmans visa to finish my qualification exams. The wording of the visa says that a holder may not adjust status to permanent resident. Now I know this seem silly but does that mean that if I have a C1/D visa my application for a K1 visa will automatically fail or does it just start a new visa application process. We plan on getting married Spring/summer 2012 once I have finished my final exam but next summer will be away at sea for 5 months from June to November. When would be the best time for my fiance to file for the visa next year so that I could be sure of being back on english soil to do my bit in November/December/January time? Once she has completed the process at her end and got the authorisation how long do I have to go for an interview in england.

I have had 3 past J1 visas, have never overstayed my welcome, have been visiting every three months and have no criminal convictions so would hope this is a fairly simple process(apart from the paper work)

Hope to hear some replies shortly

Just a thought as you are not planning on marrying till spring /summer 2012 I am thinking your fiancee wont need to send in petition till September/October as it will take 5 months for the whole process if all goes accordingly and when you enter on K1 you do know you have 90 days to get married yes? Just a thought on dates is all