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

UPDATED: Oct 1, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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