How can I feasibly continue seeing my fianc while his K-1 visa is still pending?

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How can I feasibly continue seeing my fianc while his K-1 visa is still pending?

Good day,
me and my fianc have long been planning to move in together after about a year of living as a long-distance couple I am an American citizen and he’s an Italian national residing in Germany. We have decided that a K-1 visa, allowing him to move in with me, get married and soon after file for Adjustment of Status and attain permanent residency, looks like our best option. However, official figures state that processing times for K-1s might exceed 5 or 6 months in many casesbeing separated for this long during this crucial period of our relationship is very daunting to us. Therefore, we would like to ask if it would be possible for my fianc to keep visiting me in the States while we are both waiting for the K-1 application to be finalized, and if so, how we would go about this in practical terms, e.g. what time-frames are acceptable, and which visitor visas might be applicable for this purpose. Thank you.

Asked on April 15, 2019 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If he is a EU citizen, he can always continue visitng you even while the process is pending since he is not in need of a visa.  Another alternative is for him to just enter as a visitor and stay for up to 90 days and you decide later if you want to get married and you can do all that within the US without having to have him go back for consular processing.  Please let me know if you have any additional questions or need further assistance.


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