Can I apply for K-1 visa?

[pca 0]

Hey guys, I'm in need of some Info.

I'm currently in the USA on a work visa, my fiance and I plan to get married but my contract requires me to return home after my visa ends. Can I start the paper work while I'm in the USA, or do I have to wait till my current visa is expired and return to my country?

Edited February 14, 2013 by pca

[bigdog 377]

I found this in the Guides, maybe a member who did this can add useful information:

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status.

[pca 0]

Ok thanks for that information. I might of phrased my question incorrectly. Fact is I have to return to south africa to avoid paying a huge fine with my agency. I would just like to find out if have to return home in order to start filing paper work or can I start the paperwork while I'm in the USA. I want to know if I can shorten the time apart from my fiance by starting the paper work before I return home.

[N-o-l-a 7,169]

You can start the paperwork while in the country, but be clear that you want to interview in SA.

[pca 0]

Thank you