K1 process for fiancee currently in the US

[connors10 2]

Hi all,

I'm beginning the K1 application process for me and my fiancee, who is Chinese. She's currently a graduate student here in the US on an F1 visa. I know that I'm getting the ball rolling a little late, but our hope is that she'll be able to be approved for the K1 before graduating at the end of this summer or shortly after.

I've been trying to digest all of the requirements and steps involved in the K1 process (thanks to this site!), but am a bit confused. It seems that in most situations, the beneficiary is outside the US during the application process, meaning that he/she would go to the consulate/embassy in his/her country for interviewing, etc. (Steps 12-13 on this flowchart)

Here's my question:

Because my fiancee is currently in the US on another visa type, how does this part of the process work? Would she really need to go back to China for this interview, or would it happen here in the US? I can't seem to find any answers to this on the USCIS site, as the assumption seems to be that the beneficiary is outside the US at the time of application.

Any help is much appreciated!

[Pennycat 880]

Any reason you don't marry and adjust status from there? The K1 is to get the fiance physically here so that you can marry. Yours is already physically here. So as long as you marry and apply to adjust before her F1 expires....you should be good to go.

[connors10 2]

Any reason you don't marry and adjust status from there? The K1 is to get the fiance physically here so that you can marry. Yours is already physically here. So as long as you marry and apply to adjust before her F1 expires....you should be good to go.

Haha, well that touches on another level of confusion for me. Given that she's already here on a valid F-1 visa, if we were to get married, could we simply apply for AOS and skip the whole visa process?

[Cody and Daisy 373]

Haha, well that touches on another level of confusion for me. Given that she's already here on a valid F-1 visa, if we were to get married, could we simply apply for AOS and skip the whole visa process?

Yup yup yup!

[Pennycat 880]

Haha, well that touches on another level of confusion for me. Given that she's already here on a valid F-1 visa, if we were to get married, could we simply apply for AOS and skip the whole visa process?

Yep! Congrats! She's already got a visa . Just make sure you do what you need to do before her visa expires.

[Pitaya 2,577]

Welcome to the forum.

Yes, the alien fiancee must have their medical exam and interview at a designated US embassy/consulate overseas. In your case, that would likely be the US consulate in Guangzhou.

Read this DOS Nonimmigrant K1 Visa FAQs for more information: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Should you choose a different visa process since she is already in the US, remember that she will likely need a number of documents in a specific Chinese format to submit to USCIS. Check the pinned thread at the top of the China Regional Forum for specifics.

Good luck on your immigration journey.

[connors10 2]

Thank you everyone! I've been looking around the internet, trying to find more info and the right forms; is this the right guide to refer to for the AOS process?

(Oh, and I guess this should probably be moved to another part of the forum!)

[KayDeeCee 4,893]

As others have said, the K-1 visa is not for you. A visa is used to enter the US. She would have to leave the US to go back and complete the K-1 visa process at the US consulate in her country, then re-enter with the K-1, and then marry you. So, that would be quite the long way around to marry.

Get married and follow this guide for AOS > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

[Pheebs1201 269]

I agree marrying and adjusting would be better. Doesn't need to be a big fancy wedding- could always go to the courthouse and then plan a "real" wedding for later down the road! Good luck!

[connors10 2]

As others have said, the K-1 visa is not for you. A visa is used to enter the US. She would have to leave the US to go back and complete the K-1 visa process at the US consulate in her country, then re-enter with the K-1, and then marry you. So, that would be quite the long way around to marry.

Get married and follow this guide for AOS > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

Whew, this is such a weight off my chest! Thank you everyone!

[raven52 233]

The "stars are aligned for you," for sure!

Take advantage of it, and make plans very quickly, as your time will go very fast.

Wonder how your fiance will feel about this, staying in the USA, and going through AOS..,..,., just wondering.

[connors10 2]

The "stars are aligned for you," for sure!

Take advantage of it, and make plans very quickly, as your time will go very fast.

Wonder how your fiance will feel about this, staying in the USA, and going through AOS..,..,., just wondering.

Yep, I'm moving on it now!

She's getting her Master's in Education right now to teach Mandarin and secondary math in Oregon, which is something she's wanted to do for a while, so I'm pretty confident we're going down the right path.