A couple of questions

[ninafinaa 0]

Hi! I am a Norwegian girl, who is engaged to an American guy. We have been together for over 3 years, and have met several times. Both in Norway and in the States.

I am currently in the U.S visiting him, I've soon been here for 3 months, and I am going back to Norway next week.

We want to get married, and wish to live together in the U.S, so we are about to start the K1 visa application questions but I have a few questions.

1.I am 19 years old, he is 24 years old, will this create any challenges for us? Is it harder to get K1 visa approved since we are a young couple?

2. Can I visit him while the application is being proceed? Or will I meet problems entering the country?

3. Is it okay for me to stay in America while the application is being proceed? Like stay here while we file the application

4. Do you recommend us to go to a lawyer to help us with this whole process?

And if somebody can warn us about some common mistakes that could happen during the process that would be great.

I appreciate all answers

[Avery Cates 1,141]

Hi! I am a Norwegian girl, who is engaged to an American guy. We have been together for over 3 years, and have met several times. Both in Norway and in the States.

I am currently in the U.S visiting him, I've soon been here for 3 months, and I am going back to Norway next week.

We want to get married, and wish to live together in the U.S, so we are about to start the K1 visa application questions but I have a few questions.

1.I am 19 years old, he is 24 years old, will this create any challenges for us? Is it harder to get K1 visa approved since we are a young couple?

2. Can I visit him while the application is being proceed? Or will I meet problems entering the country?

3. Is it okay for me to stay in America while the application is being proceed? Like stay here while we file the application

4. Do you recommend us to go to a lawyer to help us with this whole process?

And if somebody can warn us about some common mistakes that could happen during the process that would be great.

I appreciate all answers

1.) Shouldn't be a problem, unless it's not a cultural norm, which I don't think this would be.

2.) Yes, you can visit, my fiancee visited a few times and I went there. Bring the paperwork with you showing that you're in the middle of the K-1 process, should it become an issue at entry.

3.) It depends. What kind of visa are you on, and how long is it valid for? If you're here on a visitor visa, they're typically for 6 months, however it can be less, depending on conversations that were had with border officials when you arrived. You do not under any circumstances want to overstay your visitor visa, as it can lead to a 3-10 year ban from the country.

4.) Unless you as the beneficiary have a seedy criminal past, or some other red flags, then no, absolutely not. Everything you need to do the process yourself is here on this site, and a lawyer cannot speed up anything for you, despite any claims they might make. More often than not it seems they cause delays because they don't have any sense of urgency, or care about anything more than getting paid.

[simv 0]

if you file your papers befor the visa gets expired it wont be a over stay .. well thats what i was told before

[Avery Cates 1,141]

if you file your papers befor the visa gets expired it wont be a over stay .. well thats what i was told before

Nope. Just filing papers does not grant any immigration status or make a change to any visa. The time limitations and conditions of the visa stand.

Edited November 8, 2013 by Avery Cates

[simv 0]

yes ur right but when i had a word with the immigration office they said as long as your application is in progress ur not out of status ..for eg .. if you file a status change for a K-1 its going to take more than the 90 day visa that was issued on PoE ... but the person still has a status just cos their in the process .. i mabe wrong ..

[Avery Cates 1,141]

yes ur right but when i had a word with the immigration office they said as long as your application is in progress ur not out of status ..for eg .. if you file a status change for a K-1 its going to take more than the 90 day visa that was issued on PoE ... but the person still has a status just cos their in the process .. i mabe wrong ..

No. The NoA 1 and 2 is very clear that it does not grant any sort of immigration status. She can certainly fill out the paperwork with her fella and send it in while she's here, and that might even be a good idea since it'll be a lot easier to get original signatures on things rather than having to send them through the mail, but she's still bound fully by the terms and conditions of the visa she used to enter the country, (work, vistor, etc.) filing does not change any of that.

[simv 0]

yes ur right about the NOA1 and NOA2 thats true , yes they are bound but there is a change of status ..if u consult a lawyer he would advice you the same and that its better to do a status change than to file the papers out of U.S.A..from scratch ...

[NikLR 13,220]

The OP is inquiring about a K1 not adjusting status so anything pertaining to such is moot.

[simv 0]

yes ur right but if they are in US on another visa they can very well get maried and do change of status .. what the point of filing for a K - 1 .... as OP mentioned they do want to get married but .. well .. so i guess its not ... ""moot """

[NikLR 13,220]

yes ur right but if they are in US on another visa they can very well get maried and do change of status .. what the point of filing for a K - 1 .... as OP mentioned they do want to get married but .. well .. so i guess its not ... ""moot """

Yes they do have the option to adjust status.

[Ryan H 3,791]

Moved from What Visa Do I Need - Family Based Immigration to K1 Process & Procedures.

[SparklePony 238]

1.I am 19 years old, he is 24 years old, will this create any challenges for us? Is it harder to get K1 visa approved since we are a young couple?

The age in itself is not a problem but you do need to take into account that you were a minor when the relationship began and that may be an issue down the road. Hope some more experienced members can add more info on this.

2. Can I visit him while the application is being proceed? Or will I meet problems entering the country?

There's a great sticky on visiting while in the process, here. Check it out, lots of examples and tips on there.

3. Is it okay for me to stay in America while the application is being proceed? Like stay here while we file the application

You can be in the US while you file, but you ARE still bound by the limits of the current visa you are on. Don't forget that the K1 process starts with a petition from your American boyfriend, and only when that petition is approved can you then file for the visa itself. While I agree that it's easier to be together when you file so that you can go over the forms and all that together, and you can sign the paperwork, you will still need to be in Norway for the Embassy interview. You will have to go home in the meantime.

4. Do you recommend us to go to a lawyer to help us with this whole process?

Honestly, with the incredible wealth of information, I think getting a lawyer is a waste of money. You can learn so much by reading and studying all the information on this forum, and by reading threads and interacting with members. From what I've seen here, many of the people who do have trouble with the process are the ones that hired a lawyer.

And if somebody can warn us about some common mistakes that could happen during the process that would be great.

One thing I advise is to read the pinned threads and the guides. The RFE Master List thread has incredible nuggets of information hidden in its pages and is well worth a read. Other than that, read, read, read, learn as much as you can about the process. Spend time on here learning and studying. Don't rush into things and make sure that when you're ready to file, that you are knowledgeable about the process.

We are going to use a co-sponsor and I ended up writing him a very long email detailing the process and when and how a co-sponsor will be needed, and what that means, the responsibilities that carries. I was told my email was very informative and well written, and that was only because I had spent so much time researching the process. The more you know, the better equipped you are to deal with whatever curve balls get sent your way.

Another thing I advise on is to think a little down the road in terms of money. Does your boyfriend have a job so that he can support the both of you? You will need to prove to the Consular Officer at the Embassy that you will not become a public charge to the state, and that you will be provided for, financially, until you can get your own Green Card and start earning your own income.

As for what other posters are saying about getting married now and then adjusting status, while I suppose that is a possibility, you say you're going back to Norway next week. That doesn't leave you with any time to work on this option. Even if you were to consider that, that would mean one of two scenarios. A - you go to Norway then return to the US on some type of visa and then marry and file for AOS - this case can be seen as immigration fraud as you would be entering the US with the intent to marry, even though the visa you are on would not allow that. B - you overstay and marry and then file for AOS - I don't know the particulars of this situation, but you could still potentially run into problems here, because of the overstay.

Hope this helps.

Edited November 12, 2013 by SparklePony

[S-C 21]

yes ur right but if they are in US on another visa they can very well get maried and do change of status .. what the point of filing for a K - 1 .... as OP mentioned they do want to get married but .. well .. so i guess its not ... ""moot """

That is what they call visa fraud. She is not able to adjust status while there on a K1 visa. They can get married and file for a CR-1 visa, however she would still need to leave the US prior to the expiration of the tourist visa.

Advising her that they can adjust her status while she is there, and claiming any lawyer would tell them to do that, is not only going against the legislation which clearly states it is not allowed, but also irresponsible on your behalf.

[baron555 934]

1.I am 19 years old, he is 24 years old, will this create any challenges for us? Is it harder to get K1 visa approved since we are a young couple?

No, as long as you meet all the requirements and have all the necessary documents.

2. Can I visit him while the application is being proceed? Or will I meet problems entering the country?

. Maybe

3. Is it okay for me to stay in America while the application is being proceed? Like stay here while we file the application

Yes as long as you don't overstay your visa that you are using to be here.

4. Do you recommend us to go to a lawyer to help us with this whole process?

No, they are only good at taking your money and slowing down the process.

And if somebody can warn us about some common mistakes that could happen during the process that would be great.

I appreciate all answers

[ninafinaa 0]

Thank you so much for all the answers!

I just want to make one thing clear: I have no intentions, ever, to commit fraud. We want to do everything 100 % the legal way.

I'm back in Norway now, I'm going back to the states in January or February. In the meantime while I'm here in Norway I'm gonna learn as much as possible about the K1 Visa process. When I go back to the states my fiance is gonna file the application. I'm gonna stay for 3 months on the Visa Waiver Program. So I will be back in Norway, in time of the Visa interview. I actually have to go to the American embassy in Sweden to do the interview, as the embassy in Oslo does no longer process K1 Visa anymore.