If my boyfriend enters US on a B-2 visitor visa can we submit papers for the K-1 fiance while he is here?
Answer:
My answer to this is no you can't.
He can't change status to a K1 visa. He can't reside in the US on a B2 visa whilst waiting for the issuance of the K1.
He will have to go back to UK and then re-enter the US on a K1 visa.
I don't know how long he has left on his B2 , if it is still valid when you apply for the K1 then I would ask whether you need this written down on the application or not.
Before he goes to the embassy in UK (probably London) he will have to have a criminal background check through Scotland yard. That delays a few weeks.
k1 is a quicker way to enter the US nowadays. Only problem being on a K1 then change of status is that he will not be able to leave the US until his green card is issued, unless he asks for Advanced parole papers.
So make sure that he deals with any ties or loose ends from the Uk before he moves over.
After looking around, I have found some sites that states what I have said:
http://faq.visapro.com/fiance-visa-faq5....
http://faq.visapro.com/fiance-visa-faq6....
If you read here, it clearly states that a K1 cannot be issued in the US.
http://www.rapidimmigration.com/usa/1_en...
Hope this helps.
From a Brit who also married an American :)
yup, it's a good plan. ....should work out just fine!
Go for it
what are you gay it sounds like it
The petition for an alien fiance must be filed when the alien is in their country. The petition is usually approved quickly but the wait is usually delayed waiting for the State Department to act and issue the visa. The alien fiance(e) system is much faster than applying for an alien spouse here in the US, but if you are already planning a wedding there is no guarantee the alien fiance petition will be granted before the chosen date.
If he is in this country and wil stay here wait until after the wedding and apply for permanent residence for your spouse and skip filing the alien fiance(e) petition.
My cousin went through exactly that procedure with his Mexican fiance and it didn't take long at all, so I don't think you have to worry about the time issue. In fact, I think he got it all done well inside of the 6 months you mentioned.
But, she had to be in Mexico at the time the visa application was pending and had to go to the US consulate in Mexico to process the paper work (one day).
One principle you have to be careful of. If you apply for a different visa than the one you have, they cancel the current visa while your application for the second is processed. You can not have two visas current or pending at the same time. I got caught on that one with my stepdaughter.
What is the hurry? You are only talking about one or two months so why not wait until the whole thing is done? Getting married is stessful enough without putting additional pressure on yourselves.
Its a very good plan, just be sure you give yourselves a generous amount of time for the visa to be processed before the actual wedding. There are no quarantee's with immigration and it could be an expensive mistake if you put deposits down for the wedding and then find out your fiance won't have the visa in time for the wedding. Many people have made this mistake.
Remember, even if your fiance is issued the K-1 before the wedding, your fiance will have 6 months before he must activate the K-1 and it expires.
Yes
The immigration information post by website user , MyTend.com not guarantee correctness