Girlfriend, VWP + K-1 ??

[invoker75 0]

Hey guys,

I am a U.S. citizen with dual nationality from France. I have spent the last 12 years of my life in France but I have moved to the US in the beginning of September. I have been in a relationship with a half french, half dutch girl for two years, and our relationship is very stable and going well. We both really want to be together in the future and on the long term and found that the best option is for her to come here in the US since she currently out of a job and has free time.

I have been reading tons of stuff on the internet and it seems that the best solution for us would be for her to come with a Visa Waiver Program and then apply for a K-1 while she's here but I can't seem to find the information on if you can do that.

Would it be possible for her to come visit me in the US with a VWP and then while she's here we apply for a K-1??

We would be ready to go for the K-1, but don't feel like waiting 5 months for an answer.

I also wanted to ask what other options do we have? And whats the durations of a student visa or internship visa?

Thanks in advance!

[Boiler 45,657]

Why not file the K1 now?

[KayDeeCee 4,893]

No need to wait to file the I-129F petition. She can visit while it is pending. But to answer you, yes, you can file while she is visiting in the US. She will need to return home before her legal visitation stay is over. She will need to return home to apply for the K-1 visa at the US consulate in her country and complete the process there anyway. http://www.visajourney.com/content/k1guide

[invoker75 0]

@ Boiler: I don't want to file it now because apparently it takes on average 5 months to get an approval (or not) and because I read somewhere on a forum that if there is a K-1 pending and she comes to the US with a tourist visa, they might refuse her entrance to the US. Is that true?

@ KayDeeCee thanks so much for the information. Do you know how long it takes to get an approval (or not) for a K-1?

[KayDeeCee 4,893]

Times vary, depending on which service center your petition is sent to, whether or not you get any RFEs, and then how long it takes your particular consulate to give you an interview. I will say approx. 4-8+ months from filing the petition to receiving the K-1 visa.

There is a long thread here dedicated to visiting with a pending I-129F petition > http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Edited September 22, 2014 by KayDeeCee

[invoker75 0]

Ok I will have a look at the thread!

Thank you for the information

[jxn 86]

Would you plan on living in the U.S.? She'd have to live in the U.S. for at least three years to be eligible for citizenship, and any unapproved absence over six months would generally invalidate her green card.

Edited September 22, 2014 by jxn

[invoker75 0]

I didn't know that 6 months absence would invalidate the Green Card, that's good to know.

So going for the K-1 visa does imply a lot of future engagements, which makes sense.

That's probably one of the reasons I'm not filing for it right now.

I think the best plan for us right now would be for her to come with a tourist VWP for her to see how things are here (She has never been to the US). I want to live in the US for at least 3 years and but I want her to be sure she's ready to spend 3 years in the US. So the best option is for her to come visit and then we'll see about the K-1

[KayDeeCee 4,893]

Not simply live in the US for 3 years. She has to be a permanent resident for 3 years and married to the same USC for those 3 years to be eligible for US citizenship, if she would even want that.

Also, it is usually a year outside the US without getting a re-entry permit that abandons the permanent residency, not 6 months > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[jaygee011 6]

@ Boiler: I don't want to file it now because apparently it takes on average 5 months to get an approval (or not) and because I read somewhere on a forum that if there is a K-1 pending and she comes to the US with a tourist visa, they might refuse her entrance to the US. Is that true?

@ KayDeeCee thanks so much for the information. Do you know how long it takes to get an approval (or not) for a K-1?

I actually visited on the vwp after we had sent in our petition for almost three months. The biggest problem she would face is proving ties to her country as she has no job or school to come back to and that makes them think that she is more likely to overstay.

[baron555 934]

Would it be possible for her to come visit me in the US with a VWP and then while she's here we apply for a K-1??

Sure, but then she'll go back for the medical and interview.

We would be ready to go for the K-1, but don't feel like waiting 5 months for an answer.

The wait could be more.

I also wanted to ask what other options do we have?

Move to her country.

And whats the durations of a student visa or internship visa?

Not an option if you are trying to circumvent a visa to allow permanent residence....it's called visa fraud.

[kehills 217]

So going for the K-1 visa does imply a lot of future engagements, which makes sense.

I'm not sure what you mean by future engagements? The K1 VISA is a one-time entry to the US, for the holder to marry the petitioner within 90 days of entry.

Are you intending to marry your girlfriend?

[Ketsuban 1,034]

I'm already married to an American, have a CR-1 application pending and I visited for 2 weeks a month ago. It is very possible to visit with an I-129F pending.

Edited September 22, 2014 by Ketsuban

[lizascissors 65]

My fiance visited on VWP while our petition was pending. Once your K-1 is issued and you enter US, you enter to stay, but you can come and go on VWP within the limits of that program while your petition is pending, and while you're waiting for interview, etc.