Can a U.S. Citizen File a K-1 Visa While Fiance(e) is in United States?

Often, when a U.S. citizen and his or her foreign national lover become engaged, the foreign national is already in the United States.  Often the foreign national fiance(e) is on a short one or two month long visit to see the U.S. citizen before needing to return to his or her home country to continue work or study.   When the engagement happens and the foreign national doesn’t need to leave the country for a few months, the question often comes up – can the U.S. citizen and foreign national fiance(e) apply for the K-1 fiancee visa while the foreign national is in the United States? The engaged couple realizes that the K-1 process takes many months to complete, and the couple doesn’t want to waste a few months of application time while the foreign national is in the United States visiting.

So, can a U.S. citizen file a K-1 fiance(e) visa petition while the foreign national fiance(e) is still in the United States?

Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit.   A couple will not need to wait to file the K-1 application just because the foreign national fiance(e) is in the country.  Once the K-1 visa is filed, the foreign national will be able to continue his or her visit to the United States before returning to his or her home country.  Once the foreign national leaves the United States, the couple will be separated for at least a few months while the K-1 visa is being processed.  Nevertheless, the separation will be shorter and, if all goes while, a K-1 visa will be completed quickly and the couple will be able to be married as soon as the foreign national returns to the US in K-1 status.

If you have any questions about the K-1 fiancee visa, please do not hesitate to call or contact a NYC K-1 fiancee visa lawyer.