Visa Waiver and K-1 in USA

[RobertI 0]

This may seem like a silly question but I'm not exactly clear about the info regarding K-1 and visa waivers. My fiance plans to enter the US on a visa waiver and then we will fill out the I-129 paperwork while she is here. I know she has to return to her home country to finish the visa procedure (for the interview, medical exam and so on) but is there any problem at all if she's here legally on a visa waiver and then we do the I-129 while she's here, as long as she returns on time?

Thanks so much!

[Catica 0]

No thats what me and my fiancee did, He came here in Sept we filed the K1 in Oct and He went back to the UK Dec 4th. There is absolutely nothing wrong with doing it this way as long as she doesnt overstay on the VWP. Also on the I-129f it will ask you if your fiancee is currently in the USA just mark yes and enter her depart number as it shows in her passport or on the I-94 in the appropiate spot on the form.

[Kathryn41 3,205]

No, there shouldn't be a problem, and in fact it will be a nice project for the two of you to work on together. She still maintains a permanent address outside of the US, and once you submit the I-129f and your petition is approved, it will be forwarded to the US Consulate in her home country for the rest of the processing. She will have to return home to continue the K-1 process, so as there is no intent to remain in the US, there is no problem if she is in the US for a visit while you prepare and submit the initial paperwork. The only problem with being in the US on a visa waiver program is if she used it to enter the US with the intent to get married and then remain in the US to have her status adjusted to permanent resident from within the US. She could even get married while on the visa waiver as long as she has no intention of staying in the US afterwards to adjust her status and does leave the country to continue processing her visa from outside of the US. Good luck!

[raymaga 25]

That's exactly what we did when we were going thru the K-1 process. I stayed with my fiance in the U.S., but kept a residence in Canada (my adult son still lived there). I would return to Canada periodically to visit and take care of some business, etc., but I was with my fiance in Washington state most of the time while waiting for our approval (which took a very long time for some unknown reason).

I did start getting asked for proof of ties to Canada, such as mortgage/lease documents, but I could not produce recent pay stubs as I was not working anymore. So, I was very thankful when we got our approval and I could move to the U.S. permanently.

But, if your fiance wants to come for one visit while the processing is being completed, there shouldn't be any problem, as long as she leaves the U.S. and returns to her home country before the Visa waiver expires and of course, to do her medical and interview.

Good luck.