apply fiance visa if fiance lives in US?

[jordankid88]

If my Fiance already lives in the US can i still file for a Fiance Visa? I am wondering becuase on the form it asks if she lives in the US so im wondering if it will be denied or not because of that reason?

[nichole]

If my Fiance already lives in the US can i still file for a Fiance Visa? I am wondering becuase on the form it asks if she lives in the US so im wondering if it will be denied or not because of that reason?

A fiance visa is a way to get the foreign fiance into the US to be married. Many fiances can't use Visa Waiver or get a tourist visa to travel to the US.

If a foreign fiance is already in the US with another valid visa (like work or student) then she doesn't need another visa to enter. Getting a K1 is redundant.

If you have a fiance in the US on another valid visa, then you can carry on dating or get married. When you marry, she can apply straight for a greencard to become a permanent resident based on marriage to a US citizen. The process is to send a petition for a spouse (I-130) and application for Adjustment of Status (I-485) in the same mailing.

The I-130 is the same form that one would use to start a visa process for a spouse who lived abroad. But it's more for vetting purposes to make sure you have a valid marriage certificate, ended previous marriages, are a US citizen, etc. It doesn't go to the NVC or a foreign consulate or end with a CR1 visa. It's just approved and then they start processing the greencard. She is adjusting status from her other visa. So after she gets a greencard, there are no restrictions on where she can or cannot work. One of the visas for nanny's (I think) does have some restrictions whereby you can't adjust status from it. There is some rule that they have to return home for a certain period of time.

[gladtobehere]

fiance visa

Hi,

My friend visa is through Humanitarian parole however she met someone in the USA. CAn they applied fiance visa. Thanks

[nichole]

Hi,

My friend visa is through Humanitarian parole however she met someone in the USA. CAn they applied fiance visa. Thanks

A US citizen can apply for a fiance who is in another country to get them to the US.

Does your friend live outside the US?
Yes in another country--then a fiance visa
No she is in the US--can't get a fiance visa

[gladtobehere]

Humanitarian parole

yes shes already in the Us. so what petition can they applied. His boyfriend is US citizen. Thanks

[nichole]

yes shes already in the Us. so what petition can they applied. His boyfriend is US citizen. Thanks

A fiance visa only get's her in the door of the US at the immigration desk at the airport. It does not get the fiance a greencard to stay in the US as a permanent resident. That is done by marrying the US citizen within 90 days and filing form I-485 for adjustment of status.

The answer for your friend was in post #2 of this thread:

If you have a fiance in the US on another valid visa, then you can carry on dating or get married. When you marry, she can apply straight for a greencard to become a permanent resident based on marriage to a US citizen. The process is to send a petition for a spouse (I-130) and application for Adjustment of Status (I-485) in the same mailing.

If your friend wants a greencard, then she must marry a US citizen first.