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Can an Engaged Couple File a K-1 Visa While the Foreign National Fiance(e) is in United States?

It often happens that a foreign national and his or her U.S. citizen lover become engaged while the foreign national is already in the United States.  In many cases, the foreign national fiance(e) is in the United States on a short one or two month long visit to see the U.S. citizen.   When a foreign national has become engaged and does not plan to leave the country for a few months, the question often comes up – can the foreign national fiance(e) of a U.S. Citizen apply for the K-1 fiancee visa while the foreign national is in the United States? This question is important because the K-1 process is a long process and couples don’t want to waste a few months of application time while the foreign national visits the United States.

So, can a Couple file a K-1 fiance(e) visa petition while the noncitizen fiance(e) is in the United States?

Generally speaking, the couple can file a K-1 visa application while the noncitizen fiance(e) is in the United States.   A couple will be able to skim a few months of their separation time while the K-1 application is pending.  The foreign national fiance(e) will be required to leave the United States for his or her consulate interview.   Once the K-1 visa is approved, the foreign national will be free to enter the United States and marry the US Citizen on the K-1 visa.

If you have any questions about the K-1 fiance visa, please do not hesitate to call or contact a K-1 visa lawyer.

Tags: | Category: K-1 Visa for Fiancee of U.S. Citizen

2,052 comments to Can an Engaged Couple File a K-1 Visa While the Foreign National Fiance(e) is in United States?

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