Can I obtain a K visa while in the USA?

G

gund

Registered Users (C)
If I am in the USA on a student or tourist visa.

Can I obtain a K (Fiance) visa or do I have to leave the country, get approved for the K visa, and then return?

Everything I read says the K visa is for bringing fiancees in.

And if it is possible, what happens if the original visa expires while waiting for approval/rejection for the K visa?

Thanks.
 
You're right- a K1 is to bring fiances into the US.
You can wait in the US while your fiance visa is being processed, though you must return to your home country for the interview/when your current status in the US expires (which ever comes first).

Which visa are you currently in the US on at the moment as you could have other avenues available to you?
 
I have an F1 visa. Unfortunately this semester I CODOed but the approval was after the class registration deadline. I just heard from my immigration counselor today that I was dropped out of status or whatever the technical term is.

She said I have to file a reinstatement.

I'm engaged to a US citizen. So I don't know whether I want to spend $300 to reinstate my F1, which may take a few months and may get rejected (while I have only degree-only left), or whether I should move my marriage ahead and then apply for a AOS green card.

It's kind of screwed up because if I graduate before my reinstatement (because I have no more classes left), I don't know what will happen with OPT/CPT stuff.
 
Well since you entered as an F1 with no clear intention of planning to marry and AOS, then I think you 'should' be ok going this route (no one can guarantee success except the interviewing officer, thats why I said 'should').

Once you file for AOS, then your status becomes 'AOS pending'- this will over-ride your F1 and your status will be protected until a decision has been made (successful/unsuccessful AOS).
 
Did you know your fiance' when you applied for an F-1 visa and/or entered the US with your F-1 visa? If the answer is no to both, then marry him and apply for AOS. You should be good.

gund said:
I'm engaged to a US citizen. So I don't know whether I want to spend $300 to reinstate my F1, which may take a few months and may get rejected (while I have only degree-only left), or whether I should move my marriage ahead and then apply for a AOS green card.
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