Can someone on a visa waiver apply for a K1 while in the U.S.?
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Can someone on a visa waiver apply for a K1 while in the U.S.?
I’m trying to find out the best way for my soon-to-be fiance visiting on a visa waiver to be able to stay in the country and be eligible to look for work. If it’s possible we’d like him to be able to stay but if he has to return and apply for a K1 visa how long will he have to be back in his home country. Also, the option of getting married here or there depending on how that alters timelines and his eligibility/status.
Asked on October 26, 2016 under Immigration Law, Georgia
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF he is already in the US and you get married, there is no reason to do a K-1 visa since you can petition for his green card and he can apply for a change of status within the US without having to go back to his home country.
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