Can I switch a B visa to a K while in the US? 4 Answers as of July 14, 2011

I am currently one a b1 visa and have met someone and would like to get married. i am from Canada, would we be able to file for my K1 while I am in the US or would I need to return to Canada to file, I know that I need to do my interview in Canada eventually but I am hoping that I can stay here until that point?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You dont need to return to Canada for this. You can do the whole process here and it is easier if you did it all here. To your question, a K-1 is filed if the fianc(e) is outside the US in order to bring her/him into the US to marry within 90 days of their coming to the US. You are already in the US. So, you will need to go through a process known as adjustment of status which will allow you to essentially become a legal permanent resident of the US. You can do that because you have a B-visa status (you do have a B-1, right? It is kind of unusual since you are from Canada), you can jump to a different status. Here, you will be registering for LPR status. Good luck!
Answer Applies to: California
Replied: 7/14/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
You cannot get K visa in the US. You will have to go to the US consulate to apply for K visa after CIS approves the K-1 petition). It will take about 4-5 months and in the meantime you may stay in the US if you are permitted by CBP to stay here (under B visa or under VWP). Make sure you do not marry her before you receive theK visa and come in under the K1 visa.
Answer Applies to: California
Replied: 7/13/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I guess you have been misinformed about K visas. If you are planing to get married, you will not require to leave US and you can adjust status. You may want to come and see us for a free consultation.
Answer Applies to: Nevada
Replied: 7/13/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You do not need to change your status if you entered the country on a B-1 visa. You will be able to apply for a green card in the U.S. once you got married without having to leave the US at all.
Answer Applies to: California
Replied: 7/13/2011
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