Can someone on a visa waiver apply for a K1 while in the U.S.?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption