Beneficiary already in US! HELP!

[CostyandAmy 0]

Hi everyone, I am VERY new to this website, and I have so many questions. My fiance is currently a temporary worker in the US, and we are going through the K-1 filing process. He is in the US for work until the end of March, and then he goes home for two months. If we do not get approved in that short period of time, would we have to wait until he is home again to have the interview? Has anyone gone through this before?? I feel so overwhelmed! Any help or guidance you can offer would be greatly appreciated. Thanks!

[Deputy Purple 1,294]

If he has legal status here why are you wasting time & money on the K-1 Process?

Marry him and file to Adjust his status.

[Carlos&Alyssa 4]

My advice is to definitely read all of the guides here on VJ - they are very helpful and make the process easy to understand!

My fiance works on a Cruise Ship so I also had some issues with different things like addresses etc; so maybe your situation is a little like mine?

Anyway, the only time he WILL have to return to his country is after your second approval for the medical exam and the interview. So, you could either wait until the next time he plans on going (as long as its not so long that the NOA2 expires) OR he could take a little time off work and go home only for the medical and interview and then return to work once he receives his visa.

In my personal situation - My fiance's work contract will end in February and he will be on vacation for two months...Im hoping that I would receive the NOA2 around April in which case he will not be returning to the ship at all - he will come straight to me!

Hope this was a little helpful...Good luck on your journey!

[Hank_ 9,174]

If he has legal status here why are you wasting time & money on the K-1 Process?

Marry him and file to Adjust his status.

:thumbs:

I second that one! Get married NOW and just start the AOS

[CostyandAmy 0]

I wish marrying him were that easy!! He works on a cruise ship and in order to get married, we have to file the K-1. Thank you all so much for your responses!!

[VanessaTony 3,567]

I wish marrying him were that easy!! He works on a cruise ship and in order to get married, we have to file the K-1. Thank you all so much for your responses!!

Ummmm no you don't. Why do you think you need the K1 to get married? The K1 is just a visa that enables him to enter the US for the purposes of marrying you and adjusting his status. Anyone can enter the US on a tourist visa and marry. there's nothing illegal about it. Is this a work requirement?

[Carlos&Alyssa 4]

The C1-D VISA which is what most Cruise Ship employees enter the US with, is a VISA that does not allow adjustment of status.

Costy&Amy - You have the option of either the K-1 Visa or the Cr-1 Visa. The Cr-1 is about a 1000 dollars cheaper in the end, and would allow your fiance to work in the US immediately after he arrives.

Edited November 27, 2011 by Carlos&Alyssa

[missicy 87]

He doesn't need a K-1 visa to get married. You can get married tomorrow if you want but depending on the visa he entered the US with he may or may not be able to adjust status.

If you marry him now and file I-130 for spouse visa he will get a green card when he enters with CR-1 and will be able to work right away. If you file K-1 visa then he will have to file for adjustment of status after you get married which will take a few months. Either way, he will have to complete the visa process in Romania so yes, if petition doesn't get approved by the time he goes home and he doesn't get an interview in those two months, then he would have to wait until he is home again (approved petitions have expiration date though, but can be extended I think).