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

[FianceeVisaQuestion 0]

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

[homesick_american 1]

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.

[BlueRain77 0]

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...

[KarenCee 3]

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.

[rebeccajo 14]

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.

[YuAndDan 153]

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

[JamalNTam 1]

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!!!

[endtroducing10 0]

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

[Marilyn. 340]

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....

[endtroducing10 0]

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.

[HuffyTheSlayer 22]

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.

[heathius 0]

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.

[mozplay 28]

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

[JamalNTam 1]

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.

[meauxna 15]

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.