Fiance K1 Visa

[coin 0]

Would just like to ask, my fiance and I met here in the US, my current status is tourist visa and he is a US citizen. My stay here in the US will expire next month and so I have to go back to my homeland so as not to over stay. We are thinking of filing a fiance visa while am still here in the US so when I get back to my country its already in process. So my question is, my fiance wont need to go visit me in my country since we already met here in the US to show proof that we met each other? Will it count that we already met here in the US and went travelling while am here in the US with photos, airline tickets, etc to show as proofs.?

Or is there another way to process my tourist visa to something else for me to be legalized here and not to go back in my country and just stay here, just not to waste money for another plane ticket again coming back here in the US in the event the K1 visa got approved?

Pls advise, thanks!

[Barbara J 115]

Would just like to ask, my fiance and I met here in the US, my current status is tourist visa and he is a US citizen. My stay here in the US will expire next month and so I have to go back to my homeland so as not to over stay. We are thinking of filing a fiance visa while am still here in the US so when I get back to my country its already in process. So my question is, my fiance wont need to go visit me in my country since we already met here in the US to show proof that we met each other? Will it count that we already met here in the US and went travelling while am here in the US with photos, airline tickets, etc to show as proofs.?

Or is there another way to process my tourist visa to something else for me to be legalized here and not to go back in my country and just stay here, just not to waste money for another plane ticket again coming back here in the US in the event the K1 visa got approved?

Pls advise, thanks!

If you met your fiance here in the US while on your tourist visa then you can both marry and apply for AOS without you going back to home country. You would have to show strong proof that you did not know him before you came here to the US. If you decide to do the 129f petition then yes you can do it here and you have prof of meeting in the last 2 years hence your visit here and places you have been together. But if your visa expires next month you would need to get married now and AOS . How long have you been here and known him all this has to be answered first before you make a decision.

[kzielu 1,154]

You would have to show strong proof that you did not know him before you came here to the US.

Why would she ?? Only thing she may need to be required to show is a proof that she did not come to US with intent to marry but that does not happen really often sounds like. If that was the case (no immigration intent when entering US), there is nothing wrong with AOSing from B-2.

[coin 0]

If you met your fiance here in the US while on your tourist visa then you can both marry and apply for AOS without you going back to home country. You would have to show strong proof that you did not know him before you came here to the US. If you decide to do the 129f petition then yes you can do it here and you have prof of meeting in the last 2 years hence your visit here and places you have been together. But if your visa expires next month you would need to get married now and AOS . How long have you been here and known him all this has to be answered first before you make a decision.

Thanks for the info but would like to know is that the only option is to get married right away as in asap just for me to stay here legally?

[baron555 934]

Thanks for the info but would like to know is that the only option is to get married right away as in asap just for me to stay here legally?

Yes, or file for the K-1 and you go back....or get married and you go back and file for the CR-1 spouse visa. You have options.

[Barbara J 115]

Why would she ?? Only thing she may need to be required to show is a proof that she did not come to US with intent to marry but that does not happen really often sounds like. If that was the case (no immigration intent when entering US), there is nothing wrong with AOSing from B-2.

Because if she knew him before she arrived and now wants to AOS USCIS will deny it as she had intent on immigrating when arriving on a tourist visa.

Thanks for the info but would like to know is that the only option is to get married right away as in asap just for me to stay here legally?

As Barron said yes or you go back and file K1 or get married go back and he file CR1 for you spousal visa. You can't stay here legally without being married to him a USC.

[Moomin 292]

If you had proof of meeting on the moon within the last two years it would still count. US is fine though : ) Passport stamps are probably the strongest proof of having met, along with all the evidence listed in the K1 guide.

You cannot "upgrade" your tourist visa, atleast not to any of these options. But if the plane tickets are worrying you for the 2nd trip you might think twice about the K1 as there are several fees in the process.

To echo and clarify what Barbara J said, if you knew your fiancé before or during applying for a tourist visa it is hard to prove you did not intent on this to happen and wanting to stay in the country(immigration purpose which the tourist visa isn't meant for).