K1 extension/US petitioner travel

[Amrita84 0]

Hello you beautiful lot,

I've found myself in a bit of a pickle, and am hoping someone on here has an answer or can at least point me in the right direction to get help.

My K1 visa has been issued (London Embassy) (also, YAY!).

I didn't realise until it was a little late that the '6' months to the US starts from the date of the medical, not the visa interview. This means I have to move to the US slighter earlier than I had planned.

My American fiancé however is studying abroad (the Caribbean). His course finishes a week after my actual visa expiration date, which of course is a problem.

My understanding is that he HAS to be in the USA either before or at point of my entry. My fiancé may be able to be get to the US for a few days but this would be dependant on his university granting him leave, and it would literally be for a few days before he has to go back to finish up at school (which would be for a period of approximately 2-3 weeks, depending on when I enter and when he is granted leave), before coming back to the US.

So, based on this, I have two queries:

1) Can a K1 visa be extended after issuance? I know I am being hopeful here...

2) If my fiancé is present in the US at my POE, and then leaves a day or two later to return to his university for 2-3 weeks before returning to the US, is this okay?

Our wedding is booked in the US, and we are not in a position to cancel it. Would we be able to cancel our K1, get married on VWP and then re-apply as a spouse visa? Obviously I would leave the US after the wedding...

I'm hoping someone has something positive to say!

Thank you!

[Nich-Nick 3,353]

I'm not aware that the fiancé has to be present in the US on the date you arrive.

If your medical expires, you have to get some of it done over before they could reissue the visa. Possible with a good reason (says the London website FAQ) but a hassle.

Cancelling K1 to start over is a crazy idea.

[Amrita84 0]

It was an attorney who told me the Fiancé would have to be in the US either before or on the day I arrived. We only checked as my fiancé mentioned to a friend that I was going to end up in the US before he did, and his friend advised us to look into it (due to a separate issue his friend is experiencing). Surely as he is a USC, he should be able to come and go as he pleases?

The attorney also said that my fiancé would need to re-establish his citizenship, though from what I have understood looking into this, you can be considered domiciled in the US if a foreign country has issued you with a student visa (amongst other things). Attorney said it could come up at the border/AOS interview, and it would be better to prove the fiancé was in the US when I entered and have paperwork to back this up. I would contact the attorney again, but I really can't afford the fees.

Is the K1 extend-able? I imagine it would take a few months though... and our wedding is planned for early May (our visa expires mid April, and I was planning on travelling early April) I'm having a look on the embassy's site, I can't find the link you mentioned!

I really, really don't want to start over. I just hate the idea of making a mistake and it becoming a serious issue for us finally living together.

Thank you for taking the time to respond!

[Pheebs1201 269]

I have never heard of the US petitioner needing to be in the US when you arrive. Likewise, you're not obliged to head to your fiance immediately upon arriving in the US, so you could just travel for a week or so until they return. I really do not anticipate this being an issue.

Good luck

[Nich-Nick 3,353]

It was an attorney who told me the Fiancé would have to be in the US either before or on the day I arrived. We only checked as my fiancé mentioned to a friend that I was going to end up in the US before he did, and his friend advised us to look into it (due to a separate issue his friend is experiencing). Surely as he is a USC, he should be able to come and go as he pleases?

The attorney also said that my fiancé would need to re-establish his citizenship, though from what I have understood looking into this, you can be considered domiciled in the US if a foreign country has issued you with a student visa (amongst other things). Attorney said it could come up at the border/AOS interview, and it would be better to prove the fiancé was in the US when I entered and have paperwork to back this up. I would contact the attorney again, but I really can't afford the fees.

Is the K1 extend-able? I imagine it would take a few months though... and our wedding is planned for early May (our visa expires mid April, and I was planning on travelling early April) I'm having a look on the embassy's site, I can't find the link you mentioned!

I really, really don't want to start over. I just hate the idea of making a mistake and it becoming a serious issue for us finally living together.

Thank you for taking the time to respond!

If you're on a mobile device it's easy to miss things. The left column (on a PC) has FAQ. This is a link. The last couple of questions are what you are looking for http://london.usembassy.gov/faq-imm-proc.html

I could be wrong, but everything you are saying you were told sounds more like a spouse immigrant visa. And you also may not be repeating the terminology as it was told to you. There is no reestablishing citizenship. He's a citizen. If he wants to come back to the US, his passport gets him in. I don't understand the border problem comment.

There is such a thing as domicile and reestablishing domicile for the purpose of the Affidavit of Support form I-864 that spouse visas (IR1/CR1) require at their visa interview. None of that applies to you on a fiancé visa. A spouse's Affidavit of support form is stricter than the I-134 you had. It requires the sponsor to be a US person...meaning living there as a citizen or permanent resident (greencard holder). Where that is a problem is if the American is living abroad with their spouse and they decide to move to the US. The US spouse must be the primary sponsor, but he has been living in say England with his wife for five years.

To get around that, he can:

--move back before her and get a place to live

--show he never gave up his domicile because he still has a US driver license, bank account, voter registration, etc

--show he intends to reestablish his domicile

The London website explains it in one of their FAQs http://london.usembassy.gov/faq_i864_domicile.html

I am explaining this to show the reason I think your attorney has his wires crossed. NONE OF THIS DOMICILE REQUIREMENT APPLIES TO A FIANCÉ.

After you marry, you will apply for adjustment of status. That will require the stricter I-864 Affidavit of Support. Your husband will be living in the US by then so of course qualifies to be a sponsor as far as residence and hopefully income too.

[Amrita84 0]

Thanks Pheebs1201 and Nich-Nick for replying.

Re the border comment, the attorney I spoke to said the immigration staff at my POE may ask where my fiancé is, that it's always better if I can say he is in the airport, waiting to pick me up. She also stated that if they are doing their jobs right, they should go out and check, but also said this rarely happens. I wish I had asked her at the time, but so long as I am in the US by the visa expiration date, my POE shouldn't matter, should it? What if I ended up needing a connecting flight to where my fiancé was picking me up from? Would they try and call him to check his whereabouts (if, as she said, they are doing their jobs right)?

Attorney also said that evidence that my fiancé was in the US when I entered may be requested at a future date (I'm guessing she was referring to the AOS interview, though didn't refer to it as such), and it always better to have an official/approved document to prove he was in the US at that time. When she said he would have to re-establish his citizenship, I explained he never gave it up, and that he is studying on a student visa. She said proving his citizenship wouldn't be as difficult, though it is always better to have dated evidence.

Having said all this, I have spent an obscene amount of time online today, trying to find something official to confirm what I was told by the attorney, and cannot. As you said Nich-Nick, everything I have seen proving domicile has been in relation to a spouse visa, not the K1. I haven't seen anything that says my fiancé would need to prove he is a US citizen. In reference to an AOS interview, everything I have seen today make it seem that the interview is geared towards proving that the relationship is genuine, though I guess checking our travel schedules may come up.

I'm still pretty confused about what to do, but I really do appreciate your help!

[Nich-Nick 3,353]

Thanks Pheebs1201 and Nich-Nick for replying.

Re the border comment, the attorney I spoke to said the immigration staff at my POE may ask where my fiancé is, that it's always better if I can say he is in the airport, waiting to pick me up. She also stated that if they are doing their jobs right, they should go out and check, but also said this rarely happens. I wish I had asked her at the time, but so long as I am in the US by the visa expiration date, my POE shouldn't matter, should it? What if I ended up needing a connecting flight to where my fiancé was picking me up from? Would they try and call him to check his whereabouts (if, as she said, they are doing their jobs right)?

POE is the first place you land in the US (or sometimes Dublin or one of the Canadian airports). Your visa is processed, then you go catch an ongoing flight if necessary. No more immigration checks beyond the first. Your attorney is just wrong. Who has time to go out and look for your fiancé and why would they? You could take a cab home from the airport. Your only requirement is to marry within 90 days. Look at the menu bar and click the word POE. Tthen pick an airport and read every K1 entry. Read every airport or just the one you plan to use.

Attorney also said that evidence that my fiancé was in the US when I entered may be requested at a future date (I'm guessing she was referring to the AOS interview, though didn't refer to it as such), and it always better to have an official/approved document to prove he was in the US at that time.

Rubbish. Did you know half the K1s don't even interview? They just get a greencard in the mail.

When she said he would have to re-establish his citizenship, I explained he never gave it up, and that he is studying on a student visa. She said proving his citizenship wouldn't be as difficult, though it is always better to have dated evidence.

Do you actually believe that? You know there are a lot of lawyers that screw people royally by giving bad info.

Having said all this, I have spent an obscene amount of time online today, trying to find something official to confirm what I was told by the attorney, and cannot. As you said Nich-Nick, everything I have seen proving domicile has been in relation to a spouse visa, not the K1. I haven't seen anything that says my fiancé would need to prove he is a US citizen. In reference to an AOS interview, everything I have seen today make it seem that the interview is geared towards proving that the relationship is genuine, though I guess checking our travel schedules may come up.

Evidence of being married..yes. We were only married two days when we mailed off our AOS. No evidence but a marriage certificate. No interview.

I'm still pretty confused about what to do, but I really do appreciate your help!

You're British. You worry too much. I think it's a national sport.

Please don't pay that person any more money to do your AOS. She is not a knowledgeable attorney. It is so easy to do it yourself.

[Amrita84 0]

Well, I'm irritated at the attorney now. I was surprised by some of what the attorney said (mainly the re-establishing citizenship bit) , but I trusted her because, well, she is an attorney.

Thank you for you advice Nich-Nick. I feel a little bit better booking my ticket now knowing my fiancé won't be in the US, though admittedly, a bit worried. I'm British after all!

[Nich-Nick 3,353]

Well, I'm irritated at the attorney now. I was surprised by some of what the attorney said (mainly the re-establishing citizenship bit) , but I trusted her because, well, she is an attorney.

Thank you for you advice Nich-Nick. I feel a little bit better booking my ticket now knowing my fiancé won't be in the US, though admittedly, a bit worried. I'm British after all!

Here's my AOS list. Use it as a checklist.

https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH

VJ guide http://www.visajourney.com/content/k1k3aos

Example forms filled out http://www.visajourney.com/content/examples

TIPS http://www.visajourney.com/content/k1aos

Apply for your Social Security Card when you get there....before you marry...in your maiden name. Fix the name later. http://www.visajourney.com/content/ssn

[jan22 2,898]

It's providing really bad info like this lawyer did that gives many immigration attorneys a bad reputation. This lawyer certainly deserves a bad rep, IMO. There is almost nothing about what she told you that is accurate. Book you ticket, relax, and enjoy thinking about your upcoming wedding!

[HollyDaniela 6]

I have the simple answer here.....after all the work you have done, do you really want to cancel your k1?

Just go into the US with your K1 visa before it expires. It doesn't say anywhere that your fiance has to pick you up at the airport. Just pray you don't have any problems at the Port of Entry.

[Amrita84 0]

Hi all, thank you for taking the time to reply!

I really really didn't like the idea of cancelling the visa, but I also really didn't want to chance it at the POE.

After all the responses on here, I continued looking online, and found a lot of conflicting information. It did nothing to ease my nerves.

In the end, I emailed the London US Embassy asking if I could enter the US on my K1 visa before my fiancé returned to the USA (explaining he was currently studying abroad).

I got the following response today:

'Thank you for your email.

You may travel to the United States using your K-1 visa before your fiancé returns to the United States. Please note that you must marry within 90 days of your initial entry to the U.S.'

YAY!

I, quite honestly, would have blindly accepted what the attorney I spoke to told me had I not come on VJ. It's only because of all the support and responses I got on here I decided to investigate a little bit more. Thank you all so much!

Nich-Nick, you have been a star! Thank you for your AOS checklist!

Thank you for saving me and my fiance from a lot of headaches and heartache!