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k1 VIsa Question - Please Help

Discussion in 'K Visa and Related Issues at the Consulates' started by kpate004, Feb 10, 2011.

  1. kpate004

    kpate004 Registered Users (C)

    Hello All,
    I am not aware if this question is answer before. If it has been answer please point me to right direction.

    I am a US Citizen. I recently got engaged to my fiance in India. I want to apply for K1 visa for her so she can come to US and we can get register married in 90 days. But we are confused on what happens after we get registered married at the court, does she have to go back to India while we are doing change of status to Green card? Can she stay in US or does she have to go back to India? Also has anyone gone through this K1 process in california. I wanted to know how long does it usually take to bring the fiance over?

    Many Many Thanks,
     
  2. Jo1234

    Jo1234 Registered Users (C)

    In this thread: http://forums.immigration.com/showt...dents-that-were-in-India-when-TVU-closed-down you say that you need an F1 visa:
    What now? A US citizen doesn't need an F1 visa.
     
  3. RCG

    RCG Registered Users (C)

    IF your fiance is in India and you apply for the K1 visa. She can come here and get married to you. She does not return to India while she waits for her status to be adjusted.

    I applied for K1 visa for my Indian fiance August 22, 2010. We are finally at the embassy interview stage. Has taken forever!

    Good luck.
     
  4. Nor85

    Nor85 New Member

    Just finished my interview with the Mumbai Consulate. Our situation sounds very similar to yours. I'm Indian and my fiance is a US citizen residing in Washington state. We were engaged last July (2010) and applied for a K1 fiance visa on 1st Sept 2010 (to the USCIS office California). After 9 gruelling months, I finally had my interview and was refused stating Administrative processing and was not given a timeline at all. I have a very legitimate relationship and have visited my fiance in the US and he has visited India as well in the last year alone. I have relationship proof dating back Nov. 2008. All our paperwork was in order as well and they could find no fault in anything.

    So my advice to you as I feel we made a mistake going the K1 Fiancee visa route is to consider getting married first (having both families present if possible and taking lots of photographs) and then applying for a K3 Spouse Visa or (IR1 or CR1) visa petition back in the United States. The process is longer ( 8-12 months as compared to a K1 visa petition 6-8 months0, however as a spouse I would imagine they would have a harder time rejecting the visa so easily with no basis and a tougher time keeping a husband and wife apart without any legitimate reason as compared to an unmarried couple. This is just my personal opinion though from my experience, as I'm stuck battling out a K1 visa and wished someone had advised me the same before.

    It sucks that legitimate people who choose the right way to enter the country are put through such undue harassment, while illegal immigrants roam the streets scott-free! Whatever you choose good luck!
     
  5. Triple Citizen

    Triple Citizen Registered Users (C)

    Your K-1 visa has not been refused. Your background is being checked. The same would have applied had you gone down the CR1 route.

     
  6. unclesam112

    unclesam112 Registered Users (C)

    A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a U.S. citizen to enter the United States. The U.S. Citizen must petition on behalf of their future spouse with the U.S. Government agency handling immigration matters called the USCIS. Once the foreign fiancé(e) receives the Fiancé(e) Visa, they must marry their US citizen petitioner within 90 days of entry into the United States, or leave the US. Once the couple marries, the foreign citizen can adjust status to receive their Green card
     
  7. tmayer01

    tmayer01 Registered Users (C)

    Here in our country, the woman needs to wait for the visa to get legalized before she can come to United States as petition. But I think that is same in India as well since the concern here is United States.
     
  8. desimira

    desimira New Member

    Hallo, we applied for a K1 visa on 8 Novermber and we skipped the part with RFE, but we are still wating. I am kinda worried we still don't have any response from them and we set a wedding date in March.
     
  9. ommm

    ommm New Member

    hello.
    I have a general query regarding my K1 petition. My fiance has applied K1 visa second time for me (after our first petition sent back to uscis under 221g) in a hope that she will accompany me during the interview at consulate in Delhi. unfortunately due to some electronic error/ communication gap between NVC and embassy our application sent by NVC to local embassy took longer than its usual time (we fight a lot which involves many mails, phone calls so to get the application in time at my local embassy instead it took more than a month) therefore, the time embassy received our petition for interview got late and my fiance booked holiday so as to visit me got over.
     
  10. ommm

    ommm New Member

    I had my interview on 18 month 2016 and our petition will expired on 23rd June 2016. This time Counselor officer given me the latter stating that-
     
  11. ommm

    ommm New Member

    "please bear with us while your case is under AP. we will contact you as soon as this process has been completed"
     
  12. ommm

    ommm New Member

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