Filing the K1 Visa

[starcatcher]

Hi all,
I'll be in the US staying with my fiance for a month shortly. We're about to start the Visa application process and I was wondering if I'm allowed to be in the US when he files the first documents for the K-1 Visa? Or should he file after I've returned to my homecountry in the end of the month?

I reckon it's the latter, but would be fab news if the first option is doable

Thanks a mil for your help!

[PraetorianXI]

There is no problem with you being in the US when she files for a K1, provided that you will return shortly back to your home country. What visa do you plan on using to Enter the USA?

[starcatcher]

Oh that's great news I've always come to US via waiver program (I think), I haven't applied any visas for visiting my fiance...and I've usually stayed for a week.

Do I need to apply for a different Visa this time if he'll file the K-1 during my visit. I'll be staying for a month...

Thanks a mil for all the help!

[PraetorianXI]

It will be fine using VWP, and having him file for a K-1 visa while you are there. You can go back home after 1 month and the process would have started already.