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Question About US Work Visa Process

David asks…

Can I stay in the US while my K-1 Visa is being processed ?

Me & my fiancé plan to get married soon, I am pregnant with his child and it is killing US to be separated he is a US citizen & im from the UK ……is there anyway that I can stay in the US while the visa is being processed

Best Answer:

The way a Fiancee Visa petition works, is your USA Fiancee has formally petitioned to request a visa for you to enter the USA for the purposes of marriage. This has all been done by him. He submitted the petition, the petition is processed based on his request only.

Eventually, the petition arrives in the US consulate in the country where you are resident. At that time they contact you directly, and ask you to schedule an interview at the consulate. When
you arrive in the consulate, bringing your paperwork, passport, etc, is the time that you are officially actively involved in the fiancee visa process.

At the interview your Fiancee Visa is granted or denied. If granted, any other US visas you may have in your passport are canceled.

Up until the time that you have your interview, those visas are totally valid. If you have a valid tourist visa, you can use it to visit the US. Just make sure you do not violate the terms of the visa.
This means don’t try to remain in the US. Just visit, sight see, tour, holiday… Whatever. Do not overstay, do not illegally work.

Then make sure you leave the US and attend your interview for the Fiance Visa.

When you cross the US border, immigration has the right to turn you back, even with if you have a valid visitor visa. This happens if he does not quite believe you are coming only for a “visit”.

Posted From Yahoo! Answers (for informational purposes only)

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