Visa Information
 

Hey Ex-Pats,

I have a unique situation that you may be able to give advise on.

I have been living in Vegas since 2004 on a NATO Visa, I am employed with the Royal Air Force. I am planning on getting married to American Citizen and eventually plan staying in the states when we are married. We are confused with the visa process and are getting tired of waiting for interviews with the infopass system.

We are planning to apply for a K-1 Visa which means that we can get married here in the USA. I know it is not a requirement but then I can at least stay whilst waiting for my Change of Status? My question is:

Can I apply to work on a Fiance Visa and how long does it take to receive it? My K-1 Visa is only current for 3 months right?

I am just concerned that we may have issues with the Change of Status Visa as she is a full time student and the level of financial support she can provide is very low until she finishes school. I do not want to be a burden on the USA welfare System and have money in the bank to support myself until I find a job. If I have a firm job offer subject to my authorization being issued Will they take this into consideration?

Thanks for your help

Re: Visa Information
 

Go see an Immigration lawyer ...
USCIS are not there to give advice

The K-1 gets you into the country
you are already here .....

Re: Visa Information
 

So you will be returning to the UK, and then pursuing a K-1 visa? Are you not able to adjust your status from within the USA on a NATO type visa?

Well, it's a requirement if you are outside the USA. If you are already inside the USA, perhaps you can simply adjust your status to permanent resident, without leaving the USA. If you leave the USA, get the K-1, return to the USA with it, then you can stay inside the USA and change your status to permanent resident, yes. Or, perhaps you can bypass the K-1 part if you have no need to go back home.

Assuming you WANT to leave the USA and apply for a K-1 visa, then once you return to the USA using the K-1, you can apply for work authorization when you apply for your adjustment of status. It takes about 90 days to get your work authorization (EAD).

No, a K-1 visa is valid for 6 months. It's good for a 1-time entry to the USA for the specific purpose of marrying the USC who filed your I-129F, and you must get married within 90 days of your entry to the USA.

There is no Change of Status Visa. You either enter the USA on a K-1 visa, or you apply for AOS (adjustment of status) from within the USA. Either way, if her income isn't enough, she can get a joint sponsor who does qualify. Any USC or PR living in the USA, over the age of 18, can be a joint sponsor.

It depends. Once you are married and filing for AOS, your income *can* be included on her I-864 affidavit of support. However, it is up to the adjudicating officer to say yes or no to that. If they say no, you will need a joint sponsor.

Rene

Re: Visa Information
 

Ditto on go see the lawyer.. you've misunderstood some things.

See what she says about your NATO visa status as well.

Re: Visa Information
 

Hi:

What is your obligation with the RAF? You don't say. There may be many different ways to swing this. Assuming you are assigned to Nellis AFB, you might want to consult with the USAF JAG on this.

Re: Visa Information
 

This is the same JAG that recommends the visa waiver express method, is it? Last person I know who used this got in by the skin of her teeth -- she told the POE officer why she was coming as that's what JAG told them to do. Luckily, the uniform seems to bind in a brotherhood, and the officer told he hadn't heard a word she'd said but really didn't want her to repeat it!

Or perhaps the JAG at Nellis different?