Sadie

I am currently in the US on the VWP. My boyfriend and I have just got engaged and I'm wondering what steps I have to take in order to get the K-1 visa so that I can stay for 90 days. I believe I have to have him petition for me but do I have to be out of the country for this. I believe you cannot change status from VWP. So do I have to leave and re-enter on the K1 ?
Thank you for any advice you can share with me!!
Many regards,
Sadie

ian-mstm

He will first need to file an I-129F. There will be more forms afterwards, but this will get the ball rolling. Be aware that it will take from 4 - 6 months... well, more or less... before you get the visa, after which you have 6 months in which to actually use the visa, and you must marry within 90 days of your entry to the US.


You can begin the process even if you are in the US. However, you will need to be back in your home country to gather the required information, have the medical exam and, of course, for the interivew.


You believe incorrectly. It is not illegal as long as you can prove to USCIS that you did not enter the US with the intent to marry, stay and adjust status. Proving this to USCIS, though, may be somewhat problematic. Realize though, if you go this route, you should not leave the US under any circumstances whatsoever until you have a green card or advance parole in your hands. If you have unfinished business in your home country, this is probably not the best route to go. The K-1 doesn't take all that long in the grand scheme of things.

Ian