Legal to file k1 while fiancé is in USA?

[letmeloveher 1]

The law is not clear so any expertise advice OR IF you have filed the k-1 while your spouse was in the USA (if you could describe your situation please

I have called USCIS 2 times and has provided me 2 different answers. 3 lawyers that varied in their response and a survey of folks that have also a variety of response elsewhere- maybe here there is a consensus (fingers crossed!) 

 

QUESTION: 

       Is the k-1 able to be sent in while fiancé is in the USA (fiancé leaving within 90 days on tourist visa) Additional resources/stories would be helpful!
1- fiance would come
2- we submit k-1 visa application while in USA
3- fiance stays a few months and leaves within tourist visa time limit (90 days max) 
4- we wait

 

Thanks again!!!

[powerpuff 6,722]

13 minutes ago, letmeloveher said:

your spouse

You mean fiancé. In the future, be careful to not refer to your fiancé as spouse/wifey/hubby as that is sometimes enough to convince immigration you’re married and thus make you ineligible for a K1.

 

 

Your plan is perfectly fine and legal. I don’t see issues with it as long as the plan is for her to come visit and leave to continue the rest of the process abroad. 

 

Edited September 4, 2021 by powerpuff

[Crazy Cat 41,974]

11 minutes ago, letmeloveher said:

The law is not clear so any expertise advice OR IF you have filed the k-1 while your spouse was in the USA (if you could describe your situation please

I have called USCIS 2 times and has provided me 2 different answers. 3 lawyers that varied in their response and a survey of folks that have also a variety of response elsewhere- maybe here there is a consensus (fingers crossed!) 

 

QUESTION: 

       Is the k-1 able to be sent in while fiancé is in the USA (fiancé leaving within 90 days on tourist visa) Additional resources/stories would be helpful!
1- fiance would come
2- we submit k-1 visa application while in USA
3- fiance stays a few months and leaves within tourist visa time limit (90 days max) 
4- we wait

 

Thanks again!!!

I see no reason to think there would be an issue.  Why would it matter whether the fiance is inside the US or not?  

[Gail and Derrick 270]

I can only assume you didn't believe the good people on the r/immigration sub on Reddit where you asked this questions over 10 times. Was that your "survey of folks"??

 

Good grief. There's a box on the application that you check if your fiancé/fiancée is currently IN THE US.  "If your beneficiary is currently in the United States. complete item numbers 38.a--38.h." 

 

For the final time (please, please), yes, you can do this. Plenty of people on Reddit provided resources AND stories AND already gave you this information. 

 

I'm all for helping people, but you seem unwilling to accept the information you've been given or to read the forms/instructions. Why? 

[Crazy Cat 41,974]

19 minutes ago, Gail and Derrick said:

I can only assume you didn't believe the good people on the r/immigration sub on Reddit where you asked this questions over 10 times. Was that your "survey of folks"??

 

Good grief. There's a box on the application that you check if your fiancé/fiancée is currently IN THE US.  "If your beneficiary is currently in the United States. complete item numbers 38.a--38.h." 

 

For the final time (please, please), yes, you can do this. Plenty of people on Reddit provided resources AND stories AND already gave you this information. 

 

I'm all for helping people, but you seem unwilling to accept the information you've been given or to read the forms/instructions. Why? 

and this is just the beginning of the journey.  I find it extremely difficult to believe that a real attorney would give the wrong answer.

Edited September 4, 2021 by Crazy Cat

[letmeloveher 1]

other thoughts /testimonies would be helpful!! 

 

* Does anyone know where I could read the on here? 

Opinions are just like another especially without resources  

 

Thanks!!

[Crazy Cat 41,974]

12 minutes ago, letmeloveher said:

other thoughts /testimonies would be helpful!! 

 

* Does anyone know where I could read the on here? 

Opinions are just like another especially without resources  

 

Thanks!!

https://www.uscis.gov/sites/default/files/document/forms/i-129f.pdf

This section would not be on the I-129f if it was not legal to file while the fiance is inside the US.

Edited September 4, 2021 by Crazy Cat

[Crazy Cat 41,974]

7 minutes ago, letmeloveher said:

other thoughts /testimonies would be helpful!! 

 

* Does anyone know where I could read the on here? 

Opinions are just like another especially without resources  

 

Thanks!!

Maybe you should hire someone to help you with the process.  It might save you a lot of time.  Check the "Professional Help" section here on VJ.  

Edited September 4, 2021 by Crazy Cat

[letmeloveher 1]

It being on the application is clear and I have known that but again my post has said 2 USCIS and multiple lawyers have disagreed. Really like to hear testimonies if you can find any @Crazy Cat :)))) Ty!!

[Crazy Cat 41,974]

2 minutes ago, letmeloveher said:

It being on the application is clear and I have known that but again my post has said 2 USCIS and multiple lawyers have disagreed. Really like to hear testimonies if you can find any @Crazy Cat :)))) Ty!!

Ok, what was reasons sited by the "attorneys" who disagreed?  

[letmeloveher 1]

One who said no didn't provide reason... even the one said yes was hesitant. Since its not a law...  (grey) .. 

[Crazy Cat 41,974]

1 minute ago, letmeloveher said:

One who said no didn't provide reason... even the one said yes was hesitant. Since its not a law...  (grey) .. 

It doesn't get any easier from here........I say you can file as soon as you have the required evidence....

[letmeloveher 1]

with a bit of confusion lingering any further testimony would essentially finalize the decision. 

 

- any links of any you find would help!!!

 

ty!!

[Crazy Cat 41,974]

9 minutes ago, letmeloveher said:

with a bit of confusion lingering any further testimony would essentially finalize the decision. 

 

- any links of any you find would help!!!

 

ty!!

I'm out.

Good luck on your journey........

[HandmadeTurnip 150]

I've seen you post 10+ times on Reddit, often asking the same questions over and over, and have replied to some of them myself (with no response from you, I might add). Several of us even answered this exact question for you yesterday.

 

At this point I'm just going to assume you're a troll.