Allowed to visit before and during the k1 application process?

[matosborne 0]

Hello Community, So i found myself here seeking help and advice on the visa process and after reading through some of the information available i am very over whelmed and confused.

My fiancee and i have spent in total 3.5 months living together and although i have asked her to marry me she is telling me she's not quite ready after recently divorcing her ex husband. She needs a little more time living together before stepping into marriage again.

My question is if i fly out to her under the visa waiver program and she agrees to proceed with the wedding and start the K1 process can we do this while i am visiting her or do i have to return home before the process can start?

I understand that to enter the US with the intention to marry under the VWP is illegal but thats not what we would be trying to do. I would return home before my 90days expires and then continue the process whilst back in Europe and await the K1 approval to return to the US and marry.

Or do we have to stay in our respective countries and submit the application and not allowed to enter untill approval?

I hope there's someone who can help and appreciate any advice given.

[Lenny&Sanna 115]

Yes, you may visit your fiance while the K-1 Process is in progress

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[matosborne 0]

Thank you metalgear thats a great help and answers the first part of my question.

now do you or anyone know if we can create and file our I-129F application whilst we are together in the US?

[Lainie B 465]

Hello Community, So i found myself here seeking help and advice on the visa process and after reading through some of the information available i am very over whelmed and confused.

My fiancee and i have spent in total 3.5 months living together and although i have asked her to marry me she is telling me she's not quite ready after recently divorcing her ex husband. She needs a little more time living together before stepping into marriage again.

My question is if i fly out to her under the visa waiver program and she agrees to proceed with the wedding and start the K1 process can we do this while i am visiting her or do i have to return home before the process can start?

I understand that to enter the US with the intention to marry under the VWP is illegal but thats not what we would be trying to do. I would return home before my 90days expires and then continue the process whilst back in Europe and await the K1 approval to return to the US and marry.

Or do we have to stay in our respective countries and submit the application and not allowed to enter untill approval?

I hope there's someone who can help and appreciate any advice given.

It's not illegal to marry under the VWP

It's illegal to enter on the VWP or a tourist visa to marry with the intent to adjust status while in the US

[christeen 966]

Yes, you can visit and file the paperwork while visiting... You an even get married while visiting... You would just return to process (but don't overstay the visa)...

[matosborne 0]

Thank you for the responces guys this really helps me to make sense of it all. I will plan to fly out to her asap and explore the K-1 process in more detail from here on out.

When i first looked at it i was confused as to why it stated the different types for fiancee's and spouses. It seemed crazy to me that there is a visa form to apply to enter the US and marry your partner for spouses. if you are already married and have a spouse then why do you need permission from the K1? I would have thought there was a different process for fiances and/or spouses but it seems like it's the same system right?

[Marco&Bettina 502]

Thank you for the responces guys this really helps me to make sense of it all. I will plan to fly out to her asap and explore the K-1 process in more detail from here on out.

When i first looked at it i was confused as to why it stated the different types for fiancee's and spouses. It seemed crazy to me that there is a visa form to apply to enter the US and marry your partner for spouses. if you are already married and have a spouse then why do you need permission from the K1? I would have thought there was a different process for fiances and/or spouses but it seems like it's the same system right?

I don't know why it is but Fiancee Visas are approved in about half the time as trying to bring over a spouse, at least if you follow the process & not do the whole overstay thing.

[Eric-Pris 1,607]

Thank you for the responces guys this really helps me to make sense of it all. I will plan to fly out to her asap and explore the K-1 process in more detail from here on out.

When i first looked at it i was confused as to why it stated the different types for fiancee's and spouses. It seemed crazy to me that there is a visa form to apply to enter the US and marry your partner for spouses. if you are already married and have a spouse then why do you need permission from the K1? I would have thought there was a different process for fiances and/or spouses but it seems like it's the same system right?

There are different visas for fiancess (K-1) and spouses (CR-1).

Also, if you decide to come back while your fiancee visa is being processed and you are asked by immigration about the nature of your visit, definitely be honest. Don't give up a lot of information, just answer their questions. But be prepared for the possibility that you will be turned away and not admitted into the US. It happens occassionally. It depends on the immigration officer, but some may feel that you are trying to emigrate, and would not admit you. But the fiancee visa is pretty quick.

[baron555 934]

Or do we have to stay in our respective countries and submit the application and not allowed to enter untill approval?

No, you can file while you are visiting and as long as you abide by your visa's time limits, then no problem. Understand that once you file, there is not guarantee that you'd be able to revisit.....some folks do get turned away if they don't show good ties and reasons to return.

[sweet cakes 326]

Thank you for the responces guys this really helps me to make sense of it all. I will plan to fly out to her asap and explore the K-1 process in more detail from here on out.

When i first looked at it i was confused as to why it stated the different types for fiancee's and spouses. It seemed crazy to me that there is a visa form to apply to enter the US and marry your partner for spouses. if you are already married and have a spouse then why do you need permission from the K1? I would have thought there was a different process for fiances and/or spouses but it seems like it's the same system right?

Fiance (K-1) visa is different from spousal (IR-1/CR-1) visa. If while visiting, you decided to get married in US before you go home, then she will apply for the spousal visa. If you just intend to visit to spend time with her, and then you go home, she can apply for an I-129f petition leading to a K-1 visa. Both can be filed while you are still in US and within your valid length of stay.

Here's a link to the comparison: http://www.visajourney.com/content/compare

-Just disregard K-3 as this is practically obsoleted and DCF, which is not applicable to you.

The "guides" at the top of this page can also give you insights with the other requirements.

Just note that before your wife start filing any petition for you, her divorce paperwork should be finalized.

Edited May 6, 2014 by sweet cakes

[matosborne 0]

I have no idea what the overstay thing is i just want to make sure we are doing everything correctly to make this transition as smooth as possible. I just wished i had saved my flight cards from when we first met and recorded all the dates of our relationship milestones. I had no idea it would all be needed for a visa application 2 years in the future.

I am slowly getting to grips with some of the abbreviations used as that alone is causing no end of confusion.

It's like a rabbit hole this. Once you find the hole you have no idea how deep it goes

[sweet cakes 326]

I have no idea what the overstay thing is i just want to make sure we are doing everything correctly to make this transition as smooth as possible. I just wished i had saved my flight cards from when we first met and recorded all the dates of our relationship milestones. I had no idea it would all be needed for a visa application 2 years in the future.

I am slowly getting to grips with some of the abbreviations used as that alone is causing no end of confusion.

It's like a rabbit hole this. Once you find the hole you have no idea how deep it goes

One step at a time. Read the applicable guides carefully: http://www.visajourney.com/content/guides

Yeah, it would be nice to have those flight cards, but passport stamp/s will prove the same thing as well.

All the best!

Edited May 6, 2014 by sweet cakes