ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

I agree the post link that was given has nothing to do with this situation... and I did not mention it in my post... There has been posts on here in the last 2years about people having wedding parties before they enter on a K1 and them getting a hard time at POE.... I can not do a search for them as I am at work.... but I am sure they can still be found....

There is a very good reason for USCIS having printed on the K1 instructions the nothing should be planned until a visa has been issued.... if people choose to ignore that then they run the risk of finding themselves in the same possition as the OP.....

Kez


Well thanks for all of that, cant believe the response. I totally understand the "Wedding Party" route and it does seem possible even with a church wedding. (Just to add to the whole thinh I read about a couple in Georgia where the husband to be said he would get the license when they returned home to Ohio or somewhere and then disappeared - they had a wedding in church but she did not have to have any anullment to get rid of her wantaway hubby because it was never legal!). However, We have talked about it and feel that if we are lucky enough for things to start happening quickly then we will be ready (I think we have most of the stuff - I134, financial letters, criminal records check, relationship evidence - ready) and I will begin looking at the later things. I noticed that in some timelines there are delays in sending some paperwork so if we are ready we have a chance.

Failing that and having negotiated with my employer we will have enough money for regular flights from LAX to Manchester, a European honeymoon, Christmas in the UK etc to make it slightly bearable.

My biggest fear over the dodgy route is not the legality of it, but my ability to keep a straight face at POE where I feel guilty for breathing like an illegal alien sometimes!

Thanks for at least coming up with some ideas and some encouragement!

Rob.
robburnsefcMaleUnited Kingdom2007-05-01 14:59:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

If you didn't know, you didn't know. And I understand how people can be caught flat-footed about the real processing times. It's too bad you're now stuck in such a bad situation.

If you get legally married before the foreign fiance enters using the K1 visa, it will be void and using it would be illegal and could lead to the kind of situation that news article talks about (though that article has also been adopted by a lot of posters here as an example of things that it simply is NOT an example of).

Your two best options right now are to either postpone the wedding, or, if your fiance can travel to the US while the application is processing, proceed with the party plans but DO NOT APPLY FOR OR OBTAIN A MARRIAGE LICENSE AND DO NOT SIGN ANY LEGAL DOCUMENTS PERTAINING TO MARRIAGE. A wedding does not a legal marriage make.

That option, by the way, has nothing to do with what happened in that article. You simply must be mindful of not raising any red flags at the POE (either when coming in for the wedding party or coming in for real with the K1). Travel with ample proof of ties, plus copies of the I-129F petition, etc, to show that you're legit and mindful of US law. And then answer questions honestly at the POE - but only those questions asked (they seldom ask for your life story and you DO NOT need to volunteer it if they do not ask for it.)

Some feel this course of action is risky. Some feel it can be done safely. That's your decision to make. Do plenty of research first and make sure you protect yourselves.


Thanks for that. Interesting idea. Sorry to sound dumb, but what sort of proof of ties do you suggest? I wont have a mortgage for much longer but I will have bank accounts and I can probably get a letter from work about my on-going contract and required notice. Not sure if the Catholic church will play the game of no marriage license but I could ask.

Its funny, but when I went out to see her (I am the UK side) last year for a few months I was grilled at POE in a side office in Dublin. The guy told me that visiting US girls was no way to live my life and I should make an honest committment to marriage. I felt like I was being counselled!!

If I have to endure the whole process again that is the worst case for us. It will be hard but at least the spouse process done properly can be similar in timescales. If I needed to should I cancel the K1 process? Is that possible?

SOrry for loads of questions.
robburnsefcMaleUnited Kingdom2007-04-30 12:47:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

I don't think CSC would move the case forward, unfortunatelly USCIS specifically says on their web site
"we process fiancé(e) cases in the order we receive them.
We cannot pull a case out of order to accommodate wedding plans.
In addition, once we complete processing, the U.S. Consulate must
process your fiancé(e) for a visa; so factor this into your plans. "
(http://www.uscis.gov.../article/A2.pdf)

On the bright side, January fillers are getting approved around this time, so hopefully your application won't take much longer. You can check the status updates on this thread http://www.visajourn...showtopic=66059

Still the safe thing to do would be to change the wedding date, and whatever you do...don't get married before the visa is approved, because it could end up in dissaster, check out this case http://www.visajourn.../2007/04/07/17/

Hope your application is approved soon, good luck! :thumbs:



Wow, that is bad. If the worst comes to the worst we have already discussed the possibility of further separation. The mistake seems to have been that she used her fiance visa after she married. I'm not sure if there is a way of cancelling the application but I suppose that would be the safest option.

Thanks for a kind reply. Some responses make you feel like a diamond thief who applied for a job in a jewellers......
robburnsefcMaleUnited Kingdom2007-04-30 12:02:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

Have you checked your case status online?

Do you really think that the US Government will bump your interview up to meet YOUR schedule? Don't you honestly think that others would do this as well if it was possible?

You said "Well, it is coming up to 30 days now since NOA1." .. looks to me like it is more like 90 days if your receipt date was Feb. 2.

I certainly hope that you haven't made any non-refundable deposits.

CB


Yeah, its 90. Well done. SOrry if I offended you with my question.
robburnsefcMaleUnited Kingdom2007-04-30 11:55:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

Why oh why do people book and pay for a wedding before they have the visa.....

anyway you could try and contact the consulate to see if they have the paperwork.... But I am sure they will tell you that is does say on the form NOT TO MAKE ANY DEFINITE PLANS UNTIL YOUR VISA IS IN HAND... can you change the arrangements you have already made?

Kez


I understand this, thanks. Good idea on changing the arrangements. I never thought of that......
robburnsefcMaleUnited Kingdom2007-04-29 06:56:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time
UK - California K1 Application, NOA1 received 2/2/07. No further contact.



Well, it is coming up to 30 days now since NOA1.

I hope I pre-empted an RFE by submitting the correctly signed G325A for me with a covering letter marked with my receipt number and contact details.

HOWEVER - We have the wedding all arranged for the 28th July 2007 (booked it, packed it etc), and I really dont think now that it will all come through in time - it seems to me generally to take 90 days to the day for interviews etc which would put us inside of August.

SO - does anybody know if there is an effective way of contacting the consulate. Is it worth telling them this - I have evidence of all of the arrangements? Is there a chance of pulling forward the interview assuming all other things run smoothly?

Otherwise, would I have to leave the USA after the wedding and sit through another 6 months of isolation awaiting a spouses Visa?

Thanks for your help!

Edited by robburnsefc, 29 April 2007 - 06:29 AM.

robburnsefcMaleUnited Kingdom2007-04-29 06:28:00
K-1 Fiance(e) Visa Process & ProceduresI want to be with my fiancee

As long as they let her in, she can come and visit and stay for as long as she is legally allowed to. Many couples visit each other during the I-129F process.

If you search around here - I would check the Canada regional forum too - you'll find information on how to safeguard entry. I think the situation is probably slightly different for Canadians, since you may cross on foot/by car. I think you implied she'd be entering via an airport?


I visited my Fiance via Atlanta then LAX on Thursday. After being grilled in Dublin last year I was very afraid. I took bank statements, copy of my police check, letters from my employer, payslips, credit card bills, mortgage statemements. I got the meanest looking HS Officer - not the friendly looking grandad type at the adjacent desk. I walked up and told him honestly that I was there to see my fiancee. "Have you set the big day yet?" he said, smiling. "Not until you guys give me my visa" I replied. He then proceeded to tell me that his wife was Australian, we exchange anecdotes about the weather, and he sent me on my way. The documents never left the bag.
robburnsefcMaleUnited Kingdom2007-05-29 17:48:00