Urgent help needed before K1 visa petitioning

[amlan70]

Hi All,
I am a citizen of Kolkata, India and I am dating my to be wife for last 10 months thorugh internet .She is a citizen of USA .

I have read the criteria for the Fiance Visa (K1)and it states that there must be a physical visit before petitioning. Neither of us have the quantity of funds in order to arrange a simple visit between our countries. Both of us would be considered financial hardship to make such a journey. Is there a way for us to circumvent this criteria? Is it an absolute must for us to meet before petitioning? Please advise.I really need help !!



With appreciation

Amlanjyoti

[amlan70]

please help me !!

so many people are talking here about the K1 visa ..and no one can tell me , how imp is meeting in person.We have been chating for a year now , we have emails , cam pics , chats saved..receipts of gifts I have sent her ..

Can she start petitioning for the K1 or it is absolutely necessary to go and meet her , take pictures together after visitng her on a tourist visa...

Please please help ...!!!!

[CharlieAK]

Generally, it is an absolute must to meet in person.

There is only one exception: If it is an arranged marriage and it is culturally forbidden/unusual forthe bride and groom to meet before the wedding.

If I were you, I'd rather visit her and take some pictures (file pictures AND plane tickets etc. with the paperwork). It might make the visa process easier...

Good luck,

Charlie

[amlan70]

thanks dear ..one more query !!!

Hi CharlieAK,
Thanks so much for your reply...I would be so obliged if you can answerme a bit more on this.

a) Ya , I am arranging for a Tourist visa of 15/20 days in which I wd state her as my friend and tell the visa officer that I am going to meet my friend for a trip around usa.She wd be my guide there. So hope thats a good way to say.

b) Can it be done that we petition for the K1 visa while I am still there on Tourist visa ?? Then if they extend my stay there based on that , I can wait for the visa to get ready , and then they transoform my Tourist Visa to a K1.

Got one more query ...but wd state that based on ur replies.... I can email you if you reply me at [email protected] . whichever is ok for U .Please help me !!

Warm Regards
Amlan
[email protected]

[CharlieAK]

[B]a) Ya , I am arranging for a Tourist visa of 15/20 days in which I wd state her as my friend and tell the visa officer that I am going to meet my friend for a trip around usa.She wd be my guide there. So hope thats a good way to say.

Sounds good.....I would make sure you have either an itinerary planned for that trip or at least make a list of things you are planning to see as a tourist.....that gives more "substance" to the trip and a better reason to grant you the visa

[b) Can it be done that we petition for the K1 visa while I am still there on Tourist visa ?? Then if they extend my stay there based on that , I can wait for the visa to get ready , and then they transoform my Tourist Visa to a K1.

Yes and No.

Yes, you can send off the K-1 petition while you are still in the US. There is a question on the I-129F asking whether the beneficiary is currently in the country, where you would check "yes" (and maybe provide them with the date you will leave).

No, you cannot stay right away and transform the tourist visa into the K-1. You will have to go back to your country and wait for the visa to be issued. After the petition is approved, you'll have to fill out a ton of paperwork ( ), eventually you'll have to have a medical exam and an interview at the embassy/consulate and then, after you receive the visa, you have 6 months to enter the US. After you enter the US, you have to get married within 90 days, and then subsequently file for AOS.

Hope this helped.

Good luck,
Charlie

[CharlieAK]

PS: As we heard several times in the last few days on this board, it is of course possible to enter on a tourist visa and then "get married and just stay and file for AOS" (claiming that the marriage was completely "spur of the moment")......while this certainly is being done, it is not completely legal since the intent to immigrate had already been there when entering on the tourist visa.

On the other hand, everyone has to decide for himself how above board he wants to do everything.....personally I came in on a K-1 visa, but I also know of people who used the "loophole" of the "spontaneous marriage" and just stayed after entering on visa waiver or tourist visa. As I said, everyone has to make their own decision