Perhaps the fiance decided to pop the question while the couple is vacationing in the United States? Or maybe he asked immediately after asking permission from the fiancee’s parents. Whatever the reason, it often happens that a foreign national will actually be present in the United States when he or she decides to marry a U.S. citizen spouse.
Once engaged, the couple (or fiancee) immediately begins planning the logistics of the wedding. Being of different nationalities, one of the first questions that comes up is,
“what do we have to do for immigration purposes?” Often, the couple decides that they must apply for a fiance(e) visa. But they are not sure – can they apply while the foreign national is still in the United States? It is a good question – and while worth asking- a simple mistake at the beginning of the fiancee visa can result in months of delay and frustration.
In this case, it is possible to apply for a K-1 fiancee visa applicant is still in the United States. However, depending on the circumstances, it may be appropriate to ask “Should we file a K-1 fiance visa in the first place?”
Each case is different, and different circumstances call for different actions to be taken to ensure a couple complies with immigration law. If you are recently married, please consult a fiance and marriage visa lawyer to assist you in determining which approach is best for you and your mate.