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FianceeVisaQuestion

Can a UK citizen enter the US and then apply for a K1?

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Filed: Country: United Kingdom
Timeline

Hello

Can someone please tell me if a UK citizen can enter the US on a 3 month tourist visa, get engaged or married and then apply for a K-1 (fiancee) or marriage visa? Would the applicant have to leave the

country while the visa was being processed?

Thank-you

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Filed: Timeline
Hello

Can someone please tell me if a UK citizen can enter the US on a 3 month tourist visa, get engaged or married and then apply for a K-1 (fiancee) or marriage visa? Would the applicant have to leave the

country while the visa was being processed?

Thank-you

For a K-1, yes. In other threads the legality of marrying on a tourist visa and applying for an AOS (adjustment of status) has been discussed extensively; most members seem to feel it's legal as long as you didn't have plans to get married when you came through on the tourist visa. I think it may be illegal to enter the US on a tourist visa if you are intending to marry, then apply for an AOS, but don't quote me on that.

The K-1 and K-3 visas have to be obtained from abroad, if memory serves.


24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: Citizen (pnd) Country: England
Timeline

Umm... from what I know, a UK citizen can only stay for 90 days in the US...so I suppose you can stay the 90 days and then have to go back. You can be in the US when your fiance/e sends in everything, but you can't stay in the US for more than 90 days...and unless you are in Vermont Service Center territory I doubt you will be approved during that 90 days...but of course you have to go back to the US Consulate in London for your interview (oh and your packet 3 will be delivered to your home, so you don't want to miss that coming).

sorry if I went overboard...or didn't make any sense. lol

oh and Yes it is illegal to get married then apply for AOS if you have no visa

exception is if you can prove you were not intending to get married in the US during your visit...hard to prove apparently...


Pete (UK) & Sue (US)

2006

June 19: Filed for K-1 Visa

2007

Feb 8: Received K-1 Visa

April 27: Married!!

May 4: AOS & EAD sent off.

July 28: EAD Card Arrives in Mail!

Aug 23: AOS Interview! APPROVED!!

Aug 30: Welcome to America! letter arrived.

Sept 7: Greencard arrived in the mail!

2009

May: Received Notice about Greencard Expiration end of August

July 15: Sent packet in mail!! (FINALLY!!)

July 16: Packet arrives @ CSC 10:52am Signed by V. Semegi

July 24: Received NOA (posted 7/21)

July 30: Received Bio Appt Letter in Mail

August 20 @ 2pm: Biometrics Appt. –

Sept 12: Approved!! Should be getting card within 60 days..

2011

April 22: Mailing N400 Citizenship packet to Phoenix AZ! (about time!)

April 25 10:37am Phoenix USCIS Lockbox. Signed for by F DOMINGUEZ

April 28 NOA (received in mail May 2)

June 7 Biometrics Appt

July 26 8:10am Interview/Test APPROVED!

Jul 26 Oath Ceremony! Pete is now a US Citizen!

ficFm7.png

event.png

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Filed: Country: Canada
Timeline
Hello

Can someone please tell me if a UK citizen can enter the US on a 3 month tourist visa, get engaged or married and then apply for a K-1 (fiancee) or marriage visa? Would the applicant have to leave the

country while the visa was being processed?

Thank-you

No. The K1 is strictly for bringing your fiancée to the US and THEN getting married within 90 days. A K3 (or a CR1/IR1) is for those who've already gotten married and want to bring their spouse to the US.

All the above visas require that you be in your home country to attend an interview once the petition is approved and the paperwork needed for the interview is completed.

This is just how I understand things, I'm sure someone else will come along and elaborate more fully on this subject.


Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Filed: Other Timeline

You can file for either k1 or k3 whilst in America.

You will be required to go home for the interview.

Yes the maximum amount of days on the VWP is 90. Don't overstay it by even one day. Voids future use of the VWP again, which is a lovely thing to possess especially if you plan to live in America.

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Filed: Citizen (apr) Country: China
Timeline

You best read the Comparison of Marriage Based Immigration Choices page on this site, it will give you an idea of the options. http://www.visajourney.com/forums/index.ph...mp;page=compare


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Country: United Kingdom
Timeline

This is what I'll be doing! I'll be entering the US on the 90 day visa on the 19th Nov - the next day we'll be sending the K1 application off (which we've already put together) and then I'll be staying there for 87 days before I leave back to the UK. At least then we would have waited 3 months together during the long process! We also arranging a trip for Jamal to come to the UK when I get back too! We've been living together for a year and been in the same country for 2 so we are trying to keep the time apart as little as possible!!!


OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

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Filed: Other Timeline
This is what I'll be doing! I'll be entering the US on the 90 day visa on the 19th Nov - the next day we'll be sending the K1 application off (which we've already put together) and then I'll be staying there for 87 days before I leave back to the UK. At least then we would have waited 3 months together during the long process! We also arranging a trip for Jamal to come to the UK when I get back too! We've been living together for a year and been in the same country for 2 so we are trying to keep the time apart as little as possible!!!

This is exactly what i did, To avoid any lengthy timeframe, Applying for a K-1 Visa whilst your in the US with your loved one, That would be your partner filing the I-129f whilst you are in the US, Fly back to your home country, But you can NOT go back to the US until you have the K-1 Visa approved and in hand, But your partner CAN visit you in the meantine.

I have read and heard that you can get married with a tourist visa (90 day stay) in the US, But has lead to complications, Do the right thing and the authorities will not question what your favourite breed of dog is!

Good Luck

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Filed: Other Country: Canada
Timeline

This is what I'll be doing! I'll be entering the US on the 90 day visa on the 19th Nov - the next day we'll be sending the K1 application off (which we've already put together) and then I'll be staying there for 87 days before I leave back to the UK. At least then we would have waited 3 months together during the long process! We also arranging a trip for Jamal to come to the UK when I get back too! We've been living together for a year and been in the same country for 2 so we are trying to keep the time apart as little as possible!!!

This is exactly what i did, To avoid any lengthy timeframe, Applying for a K-1 Visa whilst your in the US with your loved one, That would be your partner filing the I-129f whilst you are in the US, Fly back to your home country, But you can NOT go back to the US until you have the K-1 Visa approved and in hand, But your partner CAN visit you in the meantine.

I have read and heard that you can get married with a tourist visa (90 day stay) in the US, But has lead to complications, Do the right thing and the authorities will not question what your favourite breed of dog is!

Good Luck

that isn't quite true... if you have lots of evidence that you are planning on returning to your home country, you might be able to visit your SO in the United States....


mvSuprise-hug.gif

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Filed: Other Timeline
that isn't quite true... if you have lots of evidence that you are planning on returning to your home country, you might be able to visit your SO in the United States....

I see your point, But it is recommended that you do not visit the US whilst your K-1 is in the process for fear of getting rejected at immigration POE, Which means more paperwork, Explaining the reason at your K-1 interview....yada, Yada!

It's hard enough trying to gain entry with your K-1 visa, Nevermind going through POE with evidence, Maybe you could get an officer thats just spilled his/her coffee or having an awful day, Just my opinion! Going with the flow and trying not to throw a spanner in the works with being patient helps a great deal.

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It's hard enough trying to gain entry with your K-1 visa, Nevermind going through POE with evidence, Maybe you could get an officer thats just spilled his/her coffee or having an awful day, Just my opinion! Going with the flow and trying not to throw a spanner in the works with being patient helps a great deal.

Actually very, very few people have any trouble entering the US with a K-1 visa, it's really easy and very few people report having any trouble whatsoever.

It's up to you how you go about this, but I would strongly recommend doing a K-1 or a K-3 over risking entering on the VWP and then marrying.


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City: California/Bayern - Filed K-1 from China Filed: Lift. Cond. (pnd) Country: Germany
Timeline

Not to beat a dead horse, but just to make one point more clear...

You can come to the US and marry on a tourist visa. HOWEVER, if you later try to file for a green card/residency you will be found guilty of visa fraud and your green card/residency will be denied. Unless you can provide mountains of evidence that you had no intention to marry when you came to the US as a tourist, you are asking for trouble.

Read the K-1 guides and follow them. Doing the process the right way will keep you out of trouble in the future.


K-1 VISA:

3/4/06: I-129F Sent to CSC

3/14/06: NOA1

7/21/06: IMBRA RFE received by CSC

8/22/06: NOA2

9/8/06: Case arrives at NVC

9/16/06: NVC departure letter received

9/22/06: Left NVC bound for China

10/6/06: Case arrives at Guangzhou consulate

10/20/06: Received Packet 3

10/26/06: Sent DS-230 back to consulate

11/9/06: Sent OF-169 back to consulate

11/17/06: Received Packet 4

11/25/06: Completed Medical Exam in Beijing

12/15/06: Interview in Guangzhou (Success!!)

12/19/06: Received K-1 visa

1/12/07: Entered U.S. (POE: SFO)

ADJUSTMENT OF STATUS:

1/26/07: Applied for SSN

2/8/07: Medical exam for vaccinations

2/9/07: Received SSN

3/3/07: Married!! (WooHoo!!)

3/16/07: Changed name on SSN

4/3/07: Sent AOS application to Chicago

4/5/07: AOS application arrived in Chicago

4/16/07: Received NOAs for AOS, EAD, & AP (NOA date: 4/12)

4/24/07: Received biometrics appt. letter

5/7/07: Biometrics appointment

5/25/07: Received interview appt. letter

6/25/07: Received AP documents

6/28/07: Received EAD card

7/18/07: AOS Interview (Approved!)

7/30/07: Received 2-year green card

REMOVAL OF CONDITIONS:

4/24/09: I-751 sent to CSC

4/27/09: I-751 arrived at CSC

5/13/09: Received NOA letter (NOA date: 4/27)

6/4/09: Received biometrics appt. letter

6/13/09: Biometrics appointment

8/6/09: Card production ordered

8/12/09: Received card in mail

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Wow.. lots of very definitive answers to this question and many of them totally conflicting!

To the OP.. I can tell you what we are doing:

I (the beneficiary) came to the US on the VWP and then we sent in the paperwork.

I will be going back to Canada for the medical and the interview (which to the best of my understanding cannot be done here in the US).

If the interview is assigned outside of my allotted time to stay here, then I will go back to Canada earlier.

We did it this way because we did not want to risk having to be apart for months and months on end. But this was a personal choice.

Regardless it is legal to visit the US while the process is ongoing. It is always up to the discretion of the CBP whether or not to let you in.

Good luck to you!

Mo


timeline.gif

Full timeline can be seen in my profile

PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 - Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009
CITIZENSHIP: Nov 27, 2012 - May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.

PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png




Visit my website Dancing Light Stained Glass Studio to view my work.

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Filed: Country: United Kingdom
Timeline
Not to beat a dead horse, but just to make one point more clear...

You can come to the US and marry on a tourist visa. HOWEVER, if you later try to file for a green card/residency you will be found guilty of visa fraud and your green card/residency will be denied. Unless you can provide mountains of evidence that you had no intention to marry when you came to the US as a tourist, you are asking for trouble.

Read the K-1 guides and follow them. Doing the process the right way will keep you out of trouble in the future.

I actually called the guys at USCIS (I think) and asked them if it was possible to come to the US on a Visa waiver and apply whilst in the country - they said yes. As long as you dont overstay your allocated time (90 days) then you will have no problems with obtaining the visa . Going to the states on a VWP and then gettin married and applying for a green card is a completely different thing all together.


OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

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Filed: Country: United Kingdom
Timeline
Not to beat a dead horse, but just to make one point more clear...

You can come to the US and marry on a tourist visa. HOWEVER, if you later try to file for a green card/residency you will be found guilty of visa fraud and your green card/residency will be denied. Unless you can provide mountains of evidence that you had no intention to marry when you came to the US as a tourist, you are asking for trouble.

Source please?

I think you've worded this too strongly---you're stating some things as fact when they are not.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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