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HHKate

start K1-Visa application process while in the US?

By HHKate in K-1 Fiance(e) Visa Process & Procedures

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HHKate Newbie

HHKate   0

Posted
Filed: Country: Germany
 Timeline
Posted

Hi,

I'm currently in the US on a J1-Visa and got engaged to a US citizen a few weeks ago. We decided now that we would like to spend our future here in the US; however, I'll have to return to my home country in May in order to finish up my degree and also because me J1-Visa will "expire" anyways.

We would like to get married in the fall and were thinking about getting the K1-Visa for me.

In order to be able to enter the US again in August and considering the long process time for a K1-Visa, we would have to start the process now but we aren´t sure if we are even allowed to start already eventhough I´ll still be in the US until the beginning of May.

Does anyone know if it's legally allowed to start the K1-Visa application process while still in the US on another visa?

Thanks in advance!

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Yes you can, but do you have a two year home residency requirement you need to fulfill for your J-1?

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Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You need to hurry.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

start K1-Visa application process while in the US?

No such thing. beneficiary's location not matter.

Petitioner's location not matter, either.

Does anyone know if it's legally allowed to start the K1-Visa application process while still in the US on another visa? Yes. is legally allowed.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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N&S Enthusiast

N&S   32

Posted
Filed: K-1 Visa Country: Germany
 Timeline
Posted

Just a word of caution: Don't book anything regarding the wedding before you actually have the paperwork for your visa in place - I'm not in the loop of the current processing times but there is no guarantee that you will hold your visa in hand by August and the reason "we have already booked a venue etc" doesn't fly as a justification to expedite.

sjs87 Collaborator

sjs87   27

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Just a word of caution: Don't book anything regarding the wedding before you actually have the paperwork for your visa in place - I'm not in the loop of the current processing times but there is no guarantee that you will hold your visa in hand by August and the reason "we have already booked a venue etc" doesn't fly as a justification to expedite.

I am in a similar situation -- only I've already done the application and waiting for an approval. A lot depends on which 'office' you submit your papers through (California, Texas, Vermont, etc). We filed through the California Service Center last May 8. We got our NOA2 in August after a request for evidence. Despite working with an immigration lawyer, we've had more bumps and hiccups that one could expect. Until now, it's been nearly 9 months since we started the process and don't even have an approval yet!

Currently, we are in administrative processing which means the consulate is processing our visa as week speak. Keep in mind that timelines you see here on VJ and elsewhere are only guidelines and averages. Your case, like mine, could be outside of those guidelines. As N&S said, don't plan anything set in stone. This isn't to say that it wouldn't be possible to have a visa in hand by August, but this would require you to file immediately, and an August approval (or one before August) is dependent on no complications, delays, RFEs, etc.

Sorry to be the bearer of not so great news, but I need to keep it real.

Applied for Naturalization based on 3-year Residency 

July 05, 2017 (Day 00) -  Submitted N400 Application, filed via USPS to Phoenix Lockbox

July 10, 2017 (Day 05) - NOA received

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July 19, 2017 (Day 14) - Biometrics appointment letter mailed

August 02, 2017 (Day 28) - Biometrics appointment at Seattle Field Office

August 28, 2017 (Day 54) - Case is "in line" for an interview"

August 28, 2018 (Day 419) - Interview is scheduled

October 4, 2018 (Day 462) - Citizenship Interview AND Oath (offered same day oath by ISO in Seattle, WA)

 

Officially a U.S. Citizen - Proud to be an American

 

hmh33 Community Regular

hmh33   117

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Thanks for the information! The 2 year rule does not apply for my current J1, so I guess Im fine:)

Did it apply to a previous J-1?

Another option for you is to get married now (can be a simple yet dignfied courthouse ceremony if you like), file for adjustment of status, and then have a bigger celebration with family at the time of your choosing. This would mean that you don't have to leave the US, you don't have the tight timeline for getting a K-1 by the fall, and you'll be eligible for a work permit much sooner. It's perfectly legitimate.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

mrs. carey Enthusiast

mrs. carey   4

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Did it apply to a previous J-1?

Another option for you is to get married now (can be a simple yet dignfied courthouse ceremony if you like), file for adjustment of status, and then have a bigger celebration with family at the time of your choosing. This would mean that you don't have to leave the US, you don't have the tight timeline for getting a K-1 by the fall, and you'll be eligible for a work permit much sooner. It's perfectly legitimate.

Ditto hmh33's advise. If you guys are 100% sure and dead in love, I would also recommend just getting married now and adjusting your status. It will save you a lot of time and money. I was in the same situation a few years back. I was on my J-1but I opted to go back home, graduate, and then come back here to get married. The K-1 route is such a long process compared to just adjusting your status, and if we've known this before, we would have just gone that route instead, then went back home and graduated school. How many more months do you still have left in uni?

W2tim4.png

US Wedding 7/22/2011

0386172.th.jpg0725350.th.jpg0962502.th.jpg0733355.th.jpg0857426.th.jpg

PH Wedding 3/12/2013

http://vimeo.com/61700599

 
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