A Canadian in the states on a TN visa, wants to switch to K...HELP!

[AmandaH 0]

Hey All!

I'm a newbie to this website but it seems like a great place to start for info.

Our story:

I came to the States from Canada on a J-1 visa Dec of 2004

My visa status was changed through work to a TN visa in June of 2006.

Jason and I met in May of 2005 and have been dating since then and living together since Sept 2006.

Jason's position at work is being phased out and he is looking for other jobs (not in the same state) and we want to stay together; I would also like to go back to school full-time. We are not currently engaged (but I suspect that maybe sooner then later that will change ;P)

Does anyone know anything about applying for a K1 visa while ALREADY in the states on a different visa, or anything that I haven't thought of???

If anyone has any information I would be incredibly greatful!

Thanks,

Amanda

[YuAndDan 153]

K-1 could be applied for while the foreign person is in the USA, but will have to leave the USA once the current visa expires or for the K-1 visa interview.

[Dan J 277]

Well, you wont need a new visa if you get engaged and married before your current visa expires. You can file for AOS on other types of visas provided that you didnt enter the country with the intent to marry and immigrate.

If you do take the K-1 route, you can apply for it while you are still here, but you will have to go back to Canada for the interview/medical. You may or may not be able to return until you have the K-1 visa.