B1/b2 visa to a K1 visa
I Have a B1/b2 visa and I want to get marry with my fiancee, Can I apply for a K1 visa? I just want to know if it doesn't matter the fact that I have a B1 visa now and then change it for a k1 .
You cannot change from a B1/B2 visa to a K1 visa in the United States. You would have to return to your country to get the K1 visa.
However, if you are asking because you want to get married here, you can get married here and immediately apply for adjustment of status if your wife is a U.S. citizen. Furthermore, while you wait to get the green card, you can apply for employment authorization and advance parole, the latter allowing you to travel while your green card application is pending.
There are certain requirements you haver to meet, so I suggest you get a consultation with an immigration attorney as soon as possible. Get the consultation before you apply, just to make sure there is nothing in your background that will stop you from becoming a lawful permanent resident.
Good luck!
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You can apply if you are not in the US
What is important is where you are physically located now and when you intend to get married.
A K-1 Fiance/e visa is for individuals physically outside the US, to enable them to come to the US and get married within 90 days. One cannot change his/her status to K-1 inside the US. It will be all to your benefit to schedule a consultation with an immigration lawyer to assess your options to get married and file for a green card without having to depart from the US.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
