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  1. #1
    Join Date
    Jan 2008
    Posts
    14

    Default Marrying A Foreign National

    I live in KY. Can someone come to visit under the VWP while waiting for a K-1 Visa to be approved? Also, can I apply for the visa while he is here visiting? We would rather have some of our wait for the request to be processed out of the way so that we would have less time apart. Or if we decide to marry now, while he is here visiting and he goes back in April when his time is up, can we apply now for the spouse visa since it takes so long to process the visa? Can he come visit under the VWP again while we wait? Would I have to go ahead and do the I130?
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marrying An Australian

    Visiting as a tourist should not have any effect on the K1 process. Marrying, obviously, would render it moot and necessitate seeking a spouse visa. If you apply for a fiancé visa, marry during his visit as a tourist, and he returns home consistent with his visa, you would have to start over with a spouse visa.

    You cannot apply for a fiancé visa or spouse visa for somebody who is physically present in the United States.

  3. #3
    Join Date
    Jan 2008
    Posts
    14

    Default Re: Marrying An Australian

    So, I can't apply for the spouse visa until he goes back to Australia, even though he will be going back to Australia before the visa application is even looked at by USCIS? Do I file the I130 at the same time as the spouse visa? Thanks for your help!

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