Stay on Fiance(e) Visa ?

[Zain.aziz]

Hi,

I guess a limit of stay on Fiance(e) Visa is 2 months.. Please correct if I am wrong.
If someone travels on Fiance(e) visa then is it possible to apply for change of status?

Zain

[rayb]

The Fiancee (K1) visa period (in the U.S.) is 90 days (not 2 months).

If one leaves the U.S. during the 3-month period, one cannot reenter without an Advance Parole or Green Card. A new petition must be submitted.

--Rayb

Hi,

I guess a limit of stay on Fiance(e) Visa is 2 months.. Please correct if I am wrong.
If someone travels on Fiance(e) visa then is it possible to apply for change of status?

Zain

[Zain.aziz]

The Fiancee (K1) visa period (in the U.S.) is 90 days (not 2 months).

If one leaves the U.S. during the 3-month period, one cannot reenter without an Advance Parole or Green Card. A new petition must be submitted.

--Rayb

If do not leaves USA then is it possible to apply for change of status. Like if I enter on fiancé visa and I don't leave USA and my blood relative applies for i130 for me during this 90 days.. is it possible?

Zain

[rayb]

No. If you enter the U.S. with a fiancee visa, your Adjustment of Status, to apply for a Green Card, must be based on your marriage to your K1 petitioner. If you do not marry, then you cannot remain in the U.S. If someone else petitions you, you must leave the U.S. and be processed outside the U.S., and or reenter the U.S. to be processed with a new legal basis.

--Ray B

If do not leaves USA then is it possible to apply for change of status. Like if I enter on fiancé visa and I don't leave USA and my blood relative applies for i130 for me during this 90 days.. is it possible?

Zain

[Zain.aziz]

No. If you enter the U.S. with a fiancee visa, your Adjustment of Status, to apply for a Green Card, must be based on your marriage to your K1 petitioner. If you do not marry, then you cannot remain in the U.S. If someone else petitions you, you must leave the U.S. and be processed outside the U.S., and or reenter the U.S. to be processed with a new legal basis.

--Ray B

What if one enters in USA on fiancé visa and ask lawyer to help. I have heard that lawyers usually have different options. It is so common like they help to extend b1/b2 visa normally. Just advice is it legally allowed? So far I am ready to pay fees.

[rayb]

Sorry, but an attorney will not allow you to overcome a strict K1 processing rule. The rule is: if you do not marry a K1 petitioner, you have no legal basis to remain in the U.S., and must leave the U.S. If you had not overstayed your 90-day K1 entry, there should be no problem being petitioned by someone else in the future.

--Ray B

What if one enters in USA on fiancé visa and ask lawyer to help. I have heard that lawyers usually have different options. It is so common like they help to extend b1/b2 visa normally. Just advice is it legally allowed? So far I am ready to pay fees.

[redcoffe]

then you cannot remain in the U.S.







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