Visitor visa and K-1

[maddiienz 0]

Hi everyone,

I've recently become engaed to my partner and he lives in Baton Rouge, La.

We are wanting to settle over there and are planning an April 2015 wedding there,

My question is, can I come over on a visitor visa and then after 90 days change to a K-1 visa?

Or will we need to get married in a courthouse to fulfill the requirements of the K-1 then have our ceremony with friends and family in April?

Thanks in advance!

Maddiie

P.S. I'm from New Zealand!

[Transborderwife 4,666]

No, you do not change to a k-1. K-1's are a 6-12 month process that involves petitioning and applying from your home country. Unmarried. As well, obtaining a visitors' visa with intent to marry and adjust is considered visa fraud. You can marry where you are and he files a cr-1 to being you to the USA. It'll take about a year.

Edited November 9, 2014 by Transborderwife

[Boiler 43,396]

Visa is a document used to gain entry to a country.

[canadian_wife 1,785]

Your plan of an April wedding may be stretching the K-1 processing times. Although the K-1s are quicker than a spousal visa, I would not make April plans for a wedding on a K-1 visa.

You cannot change to a K-1 when you enter the US as a tourist. Nor can you adjust status if you intended to arrive in the US as a tourist ans stay.

I think you need to read the 'guides' at the top of the page and start researching this process

congrats on your engagement

good luck

[GabsUSA 19]

To give you a rough estimate based on our experience, it was 8 months to the day that we got our K1 interview from filling the I-129F.

Keep in mind that the K1 Visa requires that you and your partner have met at least once within the last 2 years. You must also be unmarried at the time that you enter the US... In other words, do not apply for the K1 Visa if you intend 100% to get married in April... If you file and get married, you will no longer qualify to use the K1.

There are a few options for you:

1. Apply for the K1 Fiance(e) visa and get married in the US. You'r chances of getting this done by April are slim though.
2. Get married in New Zealand in April and apply for a Spousal Visa (CR1).
3. And here is where things get sketchy... You could come in under the Visa Waiver Program and get married *BUT* You must return to New Zealand and apply for a CR1 Visa. (This is not suggested as its a much more complicated process).

I strongly suggest you forget about an April wedding and go through the K1 visa process... It is a much cleaner route.

Hope this helps, and congrats on your engagement!

[maddiienz 0]

Does this all mean that I need to stay in NZ until my spouse visa has been approved?

Sorry - this process is truly confusing the bejeezes outta me!

Thanks!

[Ulink2 7]

Does this all mean that I need to stay in NZ until my spouse visa has been approved?

Sorry - this process is truly confusing the bejeezes outta me!

Thanks!

Apply for K-1 and apply for Visitor Visa - they are 2 different type of Visas. However, some C.Offices may deny Visitor Visa when there is another type of Visa in process (high fraud countries).

[Boiler 43,396]

OP is from New Zealand. Do not apply for a visitor visa. Use the VWP.

[Mike-eeh and Odie 192]

Does this all mean that I need to stay in NZ until my spouse visa has been approved...

Here's the deal:

1. You can come to the USA under the Visa Waiver Program (VWP), no tourist visa (B2) required. You can then get married in April in the USA, but you must then return home, and file for a spousal visa. Once you apply for the spousal visa, you must stay in your home country until you are awarded the spousal visa. During this time, however, your fiancee can visit you and you can also get remarried in New Zealand for your family and friends. The spousal visa process takes about 12-14 months but you are given a green card in under a month after entering the USA.

or

2. Enter the USA on your VWP, enjoy some time together and return home. Your fiancee then applies for a 129F fiance visa. During that time you could still try to enter the USA under VWP until the K-1 is approved, but you cannot get married. You must wait until the K-1 is approved, at which time you can enter the USA to be married. This process takes about 4-8 months, but could take up to a year depending on the Visa Service Center where your application resides.

or

3. Get married in your home country and then apply for the spousal visa, wait the 12-14 months and re-marry in the USA.

[Pheebs1201 269]

You are free to visit using the VWP whilst the K1 petition is on-going