ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresInformation about immegrating to America
QUOTE (Scruffs @ Jun 26 2009, 08:41 AM) <{POST_SNAPBACK}>
I posted on her before and the feed back i got was very positive thank you

But it was pointed out that i needed more information so that people can better help me

So let me begin:

I am british i have a Degree (2:2 BaHons) iin business
I have a couple of thousand in the bank
Own no poperty, But have a car

She is a america
Her marriage has broken down and she will be heading back home

Is she a US citizen? Where is she going "home" to? The following answers assume that she IS infact a US citizen.
QUOTE
Now i need to know how to go about gaining entry

The options that looked good where the K-1 (slightly too long but doable)
Or the Direct counciling one
(looked at the others but would have to get married and untill other matters finalise that might be a problem)

All routes will require that her divorce is finalized. the K1 is the shortest way to get to the US...unless she is a USC with residency in the UK...but I think there are actual time requirements - have to live there for 6 months before applying for DCF. Still might be the fastest way to be together - just not the fastest way to the US.
QUOTE
She will have the clothing on her back when she goes back the same will be said of me (with what ever funds i have)

So the questions i'm asking are:
(Yes these are possibly in guides but i'm literally bouncing trying to work things out if there feasible or not and its well GRRR)

What would the Co-sponsor need to do?
What would they need to put up as collateral?

The Cosponsor does just what you would do, they sign a paper which says that if she needs it, they will provide for her. They do not have to release any money or income to the government, just provide proof that they have the means.
QUOTE
What would the process be for myelf?
Know i need evidence to support us
But what in the way of finances would help?

For London, sometimes assets of the immigrant can be counted.
QUOTE
Would a job offer help as well? if so would a job in a store work (or something similar) or does it have to meet certain requirements (ie be X type with X money at X Business)

You won't be able to work, so unless you are coming over on a work visa, the basic answer is No.
QUOTE
Would there be any forseable difficulties that i would have to or tha you can see that i would need to be aware of?
(if i know about them early enough i can start working to remove them)

You already know about the need for a cosponsor. Make sure she's truely, legally finally divorced before you start any paperwork.
QUOTE
If people are going through this process can they say what the expected time to completion is that they've been informed it would be?

Average is 8 months. The variation from the average is wildly unpredictable.
QUOTE
Would letters of good conduct help?

Part of the process includes furnishing police reports. If you have arrests or convictions, you will have to reveal them. Letters of character don't come into the K1 process.
QUOTE
Anything, something

I'm greatful for what ever the informaition that you can provide for me.
As trying to work this out is driving me nuts


It can be overwhelming. Read the guides and form instructions. Read them again. Read them some more.

Your girlfriend needs to end her previous relationship before you can proceed.

Edited by Nik+Heather, 26 June 2009 - 10:54 AM.

Nik+HeatherFemaleUnited Kingdom2009-06-26 10:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa assistance firms
Oh, and believe it or not, this process is supposedly intended to be easy enough for a lay person (not a lawyer) to do by themselves. Honestly, YOU have to dig out your documents. YOU have to figure out where you worked and what their address was. YOU have to call your parents and ask them the name of the specific town they were born in. There is just no getting around doing 90% (or more, depending on how buried stuff is) of the work for this process.

Visa Journey has GREAT, DETAILED guides, and I have seen SO many posts by people who say, "I talked with someone who was supposed to know the process, and they....had the wrong form, told me the wrong address, the wrong requirements, etc.....I'm so glad I had Visa Journey, I KNEW MORE ABOUT THE PROCESS THAN THEY DID!"

There is just no substitution for your own knowledge, and Visa Journey has all the material laid out clearly and in an easy to follow format. As another VJer is fond of saying, "NO ONE is more interested in seeing that your case is handled correctly and promptly than YOU are." You're the best one for the job! smile.gif The USCIS doesn't care in what order you put your documents (but make sure the money is prominently displayed!), and the guides have a completely comprehensive (tried and true!) checklist, so no worries about anything missing. The links all go to the forms on the USCIS website, so you won't get out of date forms, and all the questions you want to ask for free on the forums.


Anyway, you're still not really going to find any specific recommendations on VJ is my bet - The people active on VJ pretty much used VJ.
Nik+HeatherFemaleUnited Kingdom2009-06-16 20:01:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa assistance firms
I recommend the Visa Journey Guides for K1 assistance. I am a successful user, and their prices (free) are eminently reasonable. They are the only K1 assistance organization I would use!!

You can go to their website here.

Good luck!
Nik+HeatherFemaleUnited Kingdom2009-06-16 15:09:00
K-1 Fiance(e) Visa Process & ProceduresMy Fiance did not notate visting England on her 325A
QUOTE (rwaggs21 @ Jun 28 2009, 10:12 AM) <{POST_SNAPBACK}>
Could someone please reply to me. On the 325A, my fiance visited her exboyfriend and aunt several years back in England. She has traveled to England over the years and visited for an extended period of time, but she never took any sort of permanent residence there. She was there for a while, but did not live there. She did not put England as a place where she lived previously. Will this be a problem? I have already submitted everything and truthfully, when i read this forum, it freaks me out. Thank you for any reply


Please quantify the bolded statement.

If she did not stay so long as to require a residence permit or anything other than a visitor visa to the UK, I also would not term it as a residence.
Nik+HeatherFemaleUnited Kingdom2009-06-28 13:45:00
K-1 Fiance(e) Visa Process & ProceduresCopies of the emails and chat logs
QUOTE (Otto und Karin @ Jun 26 2009, 09:58 AM) <{POST_SNAPBACK}>
We didn't submit any emails, chat-logs, letters or cards. We did bring phone records but they never asked.

If you do choose to do some/all of the above - a best practice might be to select important/significant ones (birthdays, holidays, etc) and leave out the every day 'chatter' ones. good.gif


This is my thought for your situation as well.

Also, a lot of people just take screen shots of their inbox or the email folder where they keep correspondence from their fiance(e). They aren't necessarily interested in WHAT you are saying, just that you ARE saying something to each other with some frequency, and such an overview fits the bill. Read your embassy reviews (link at top right of the page). I doubt you'll find that many at your embassy had to provide much proof of relationship at all.
Nik+HeatherFemaleUnited Kingdom2009-06-26 12:11:00
K-1 Fiance(e) Visa Process & ProceduresIs This Enough?
This is my favorite London interview checklist. Including what originals and copies to bring etc.

Pink dots/notes indicate what was actually asked for in the interview. This also includes cosponsor documents.

Our experience exactly matches that of the poster.

http://www.visajourn...p;#entry2864710

Also, you should come on down to the UK forum, lots more specific to London questions can be researched/answered there.

I highly recommend tax transcripts. They are all inclusive, free, and easy. No digging around in files to find it.

Edited by Nik+Heather, 30 June 2009 - 11:53 AM.

Nik+HeatherFemaleUnited Kingdom2009-06-30 11:52:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Wedding outside US?
You have a couple of options:

#1
Get the K1 visa
Enter the US
Have a courthouse/paperwork wedding
File for AOS/AP(/EAD)
Receive AP
Go to Canada, and have a big party with a floofy dress.
Come back to the US.

#2
Get married in Canada
Enter the US with your Canadian spouse on a tourist visa (entrance not guaranteed - read the visiting FAQ.)
File I130 (CR-1 visa) - maybe this one before entry.
At end of tourist visa/approval, spouse returns to Canada
Complete CR-1 processing in Canada
Enter the US as an LPR.

There is NO legal way to get married in Canada and immediately come back to the US permanently.
Nik+HeatherFemaleUnited Kingdom2009-06-30 13:32:00
K-1 Fiance(e) Visa Process & ProceduresWhat if a fiance is already in US?
QUOTE (Trompe le Monde @ Jun 26 2009, 04:59 PM) <{POST_SNAPBACK}>
QUOTE (conny @ Jun 26 2009, 06:53 PM) <{POST_SNAPBACK}>
QUOTE (Trompe le Monde @ Jun 26 2009, 07:25 PM) <{POST_SNAPBACK}>
You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what.


Wow, really? This is something I didn't know. So, Either way, you're getting through AOS (or I485 I presume) ? Well, wouldn't it be obvious though that he has an intent to marry after entering US with F1 having K1 petition filed? For example, what should he say when crossing the border next time - "I don't intent to stay here" ? And they ask then - "What about your fiancee living here who filed a K1 petition for you?" . Kinda tricky situation. Not sure if AOS is feasible in that case.
Say we try that and file a petition for AOS canceling K1 first, and get the rejection, what could be next steps then?


Yes - the K-I will allow him to enter the country in order to marry you within 90 days. He must adjust status in order to get 2 year green card so you will have to do it no matter what.

If he entered the country with the K-1 already filed it could be a bit sticky. The poster I am referring to had done the same thing and adjusted fine. I wouldn't do it without consulting with a lawyer, however.



Maybe I missed it, but is the non USC in the US now, or OUTSIDE of the US now. As mentioned, I think the order of operations here matters.

If outside of the US and already in possession of another visa (besides the K1), you won't be able to prove that you did not intend to AOS when you entered. If in the US on another valid visa when the K1 was petitioned, then it's a different story. Now you've just filed the wrong paperwork. smile.gif

Nik+HeatherFemaleUnited Kingdom2009-06-26 19:41:00
K-1 Fiance(e) Visa Process & ProceduresWhat if a fiance is already in US?
QUOTE (conny @ Jun 26 2009, 12:27 PM) <{POST_SNAPBACK}>
Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).



Again, you will need to contact the consulate. your question about how far out can it be rescheduled is NOT something that we can answer. Even if someone had an experience with this, it is probably under different circumstances that won't apply to you.
Nik+HeatherFemaleUnited Kingdom2009-06-26 14:30:00
K-1 Fiance(e) Visa Process & ProceduresWhat if a fiance is already in US?
Edit: Offered option doesn't appear to be viable, deleting.

Being in the US on a valid visa in and of itself should not be a problem, except for the mentioned scheduling issues.

Edited by Nik+Heather, 26 June 2009 - 02:29 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-26 14:28:00
K-1 Fiance(e) Visa Process & ProceduresWhat if a fiance is already in US?
QUOTE (conny @ Jun 26 2009, 12:06 PM) <{POST_SNAPBACK}>
What if a fiance is already in US? That is by the time the consulate receives the packet and tries to notifies him (how do they usually notify?) he's in US on some other visa... What will happen? Will there be enough time to buy ticket and come back?

Usually. How are you getting snail mail in the US? It will be sent to the beneficiary's address on the petition.

I presume they don't wait forever for you to schedule an interview, right?

No, they won't wait forever. Many consulates will work with you for reschedules or extensions if you contact them.

Can interview be scheduled for a date that is 3 months after consulates contacts him?

3 months does not seem unreasonable to me. Make sure that you are in contact with them before that (sending in packet 3 etc).
Thanks for all your help!


Nik+HeatherFemaleUnited Kingdom2009-06-26 14:15:00
K-1 Fiance(e) Visa Process & ProceduresAbout to send out application
QUOTE (Oasis @ Jul 1 2009, 08:09 AM) <{POST_SNAPBACK}>
Well the boxed are so small - if I dont have room to type it in how can I have room to write it in by hand ?
I have heard for people send it in like this.


It is very possible to write smaller than the font Acrobat uses, and still be readable.

Or, Find another way to write it (ie: "The United States of America" might not fit, USA would, United States would...etc). Only use widely recognized acronyms, of course.

Either way, this paper copy is the only thing you will send in, so it needs to have all of the information readable on the face of the form.
Nik+HeatherFemaleUnited Kingdom2009-07-01 11:25:00
K-1 Fiance(e) Visa Process & ProceduresIn love and wondering what visa to apply for...
Don't forget the costs.

The K1 is much more expensive than the CR-1 visa, not only in straight up dollars, but in the lost work time involved. You'll have to assess your own financial situation as well.
Nik+HeatherFemaleUnited Kingdom2009-06-29 11:29:00
K-1 Fiance(e) Visa Process & ProceduresWhats the hardest part
QUOTE (Otto und Karin @ Jun 29 2009, 01:41 PM) <{POST_SNAPBACK}>

The Waiting...



+1

And it wouldn't have been so unbearable if it was in any way predictable. But not feeling like anything was sure, and all the steps where it could go wrong was just awful, because we didn't dare hope that the end was even in sight.

For us, waiting for NOA2 was the worst, especially as Igor's gets so that people in your month are being approved. I'm sure being passed by on VJ has to be even worse. The rest of the steps happen at shorter intervals, so they are easier to deal with.

Now that we have the visa and are just waiting so that he can work almost right up to the wedding, it isn't as bad, at least I can count on him arriving in just 3 short months without having to remind myself about it being conditional on getting the visa.
Nik+HeatherFemaleUnited Kingdom2009-06-29 17:03:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or F-1
QUOTE (conny @ Jul 2 2009, 10:56 AM) <{POST_SNAPBACK}>
Scandal,
I have few questions about your timeline (if anyone else has comments, feel free to jump in):

QUOTE
Arrived at NVC 2009-01-22

How do you know that?

QUOTE
Left NVC 2009-03-13 (stuck AP @NVC for 50 days)

What's AP and why was it stuck?


QUOTE
Packet 3 received 2009-04-02

Received in the consulate? Again, how do you know when? 3 weeks? Why so long?

QUOTE
Packet 3 returned 2009-04-03

Again, how do you know when? Why returned?

QUOTE
Packet 4 received 2009-05-28

What is packet 4?


Arrived at NVC: NVC sends a letter to the petitioner with arrival date
Letf NVC: You can tell this by calling them. They will tell you when they sent it out
Arrived at Consulate: Search the forums for "DHL tracking" With the date left NVC, you can track the diplomatic pouch.
Packet 3 is an instruction packet that some consulates issue to the beneficiary. You know you got it when it comes in the mail.
Packet 3 generally has you (beneficiary) return forms to the consulate and an indication that you are ready for an interview (Remembering fuzzily what Gary and Alla said, this is not the process for your consulate).
Packet 4 is the interview letter.

AP - Administrative Processing can happen at the NVC OR Consulate stage. This is a catch all for all sorts of things, generally some sort of "security checks" Basically, any time your file gets flagged for additional investigation.

This post is really off topic, so maybe a different topic, or more research is needed. smile.gif

Edited by Nik+Heather, 02 July 2009 - 01:12 PM.

Nik+HeatherFemaleUnited Kingdom2009-07-02 13:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or F-1
QUOTE (conny @ Jul 1 2009, 03:59 PM) <{POST_SNAPBACK}>
Right, let's just call the ones who disagree the thread highjackers and go on with your "be on the safe side" comments. Could anyone suggesting that please comment on the 100,000 question that can potentially negate OP's nice summary altogether? WHAT HARM CAN POSSIBLY DENIAL OF F1 DO TO K1 APPLICATION???

I also think OP is missing one point here based on this last post. We have almost identical situations, so I kinda see it in different light than everyone responding here. Not sure what you meant by "if you are coming to study on an F-1 and have NOT yet filed for the K-1", I presume you meant applying for visa after NOA2 - but you definitely missed the most obvious scenario - apply for F1 BEFORE NOA2 is received, get it if lucky convincing consul of non-immigrant intentions for the period of study (if let's say it's MBA it could as little as 18 months) and if not, just continue to wait for K1 without suffering any consequences.


I'll give you the benefit of the doubt, for missing when it's been said more than once maybe this answer has been burried..

NO, denial of (or application for) F1 will not adversely affect your K1 application unless you misrepresent yourself.

Nik+HeatherFemaleUnited Kingdom2009-07-01 18:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or F-1
QUOTE (jcg303 @ Jul 1 2009, 02:50 PM) <{POST_SNAPBACK}>
thanks to all who responded - i just wanted to clarify a little. we are expecting the NOA2 any day now (according to the timeline trends). since we have the I-20 in hand, we're assuming that it would be a shorter process than the K-1. since it's so hard to tell what goes on down in the depths of the USCIS, we can only make assumptions.

- if we apply for the K-1 and F-1 simultaneously, it could raise some eyebrows as to our actual intention and possibly lead to trouble. some of you don't think that that could happen, but it's up to the CO and POE officer.

- if we cancel the K-1 and go for the F-1 and get denied, we are left with nothing (aka - worst case scenario) - this would suck. plus, we're assuming that the USCIS hangs on to records for a while, and a cancelled K-1 petition would show up in any future visa apps.

- if we forget the F-1, the K-1 will most likely force my fiancee to miss this coming fall semester - not a big deal in the long run, but not our first choice either. deferment is also an option , but i'm sure that all of us would choose to be with our SO's sooner if another option opened up.

- btw, if you are coming to study on an F-1 and have NOT yet filed for the K-1, it's perfectly legal to wait a couple of months (or years) after arriving for school on the F-1, then get married and file for an AOS. after all, many singles come to study in the States and meet their future SO while they are here. my fiancee legitimately wants to study here, but since we already filed for the K-1, we're thinking that our best option is to follow through on what we've started


Sounds to me like you have understood most of the main points of all the arguments. Good summary.

I understand your desire to be together as soon as possible, but I don't think that's any argument for not carefully weighing and possibly rejecting "any and all means" to get here just a few months early. We are spending additional months apart for practical reasons as well - don't mistake that for a lack of devotion on our parts.

Nik+HeatherFemaleUnited Kingdom2009-07-01 17:17:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or F-1
No, I don't think it's fraud if you do what you propose. Of course, you have to convince the person issuing the visa of that. AND the officer at POE of that. We just don't think that they will believe that you will follow through if you tell the truth, and it's fraud not to tell the truth about your overall intent. If you feel it is worth your time and money to attempt your scheme, fine. We have only pointed out the pit falls so you can avoid them, and assessed your chances of success.

And you still haven't answered about what happens if a home residency requirement is imposed?

Can you tell us what your fiance's university adviser says about Deferred Enrollment? Many universities will wait for up to a year (sometimes TWO) after acceptance to let you enroll in classes. I believe that you are placing an artificial deadline on your K1 visa processing by not pursuing this option.

Every single one of us feels as though our life is on hold while we are waiting for our visa processing. We all understand the desire to be together again, and STILL we are recommending that you wait for the K1 visa.
Nik+HeatherFemaleUnited Kingdom2009-07-01 12:12:00
K-1 Fiance(e) Visa Process & ProceduresMy final I-129 package questions!
QUOTE (Wade+Kristin @ Jul 2 2009, 11:24 AM) <{POST_SNAPBACK}>
Hi everyone and thanks for the great replies!
As usual I feel more confident after asking my questions here at VJ smile.gif

I don't really want to risk a delay due to the wrong photo sizes, no, so I guess we will take some new ones tomorrow just to make sure. Luckily he is here visiting now so we can have it done together before it's being mailed out.

I have one more question based on this reply from Gary and Alla "3. I used two sentences. They want to know how you first met in person." We met online and in person a few years ago, should I not mention how we met online or should I only concentrate on when we met in person? This was earlier than the 2 years they mention, although we have also of course met more recent. Should I only mention the times we have been together during the last 2 years or also mention former visits?

Thanks!

Kristin


I think it is a good idea to explain how you met virtually, how you met in person for the first time, and how you met in person within the 2 year requirement.

If I remember correctly, Gary and Alla met each other in real life (so also in person) within 2 years...

When dealing with something which is virtually free (a few more words on the page), less is NOT more.

Nik+HeatherFemaleUnited Kingdom2009-07-02 13:31:00
K-1 Fiance(e) Visa Process & ProceduresMy final I-129 package questions!
QUOTE (Wade+Kristin @ Jul 2 2009, 07:39 AM) <{POST_SNAPBACK}>
Hi everyone,

So tomorrow is finally the big day when we are sending out our first K1 package and there is a lot of butterflies fluttering around in my stomach by now. We've been reading the guides over and over, following the check list and overlooking things more than once so hopefully we got everything under control. I've got a couple more questions that I hope you guys are able to answer - it's appreciated as always smile.gif

1. It says passport-type of photo. We took the pictures here in Norway by norwegian standards, which is a bit smaller than the american standard passport photos. Will that be okay or will we need to go in and try and have them custom made for this? I am assuming it is okay to follow our standards here since it says passport - type?

2. For the documents needed in the first package with the I-129f application, is it okay to use normal copies or do we need photocopies for anything? I'm thinking in specific of the birth certificate and his divorce decree? Do they want the original papers or will regular copies be okay? I noticed the step by step guide only says copy, but wanted to double check with you guys before mailing the package.

3. How elaborate do we need to be about the paper regarding how we met? I assume they want specific details although not making a chapter out of it? innocent.gif

Any answers and help would be much appreciated. Feeling kinda up in the air - and very excited - here because the day for sending it out has finally arrived

~ Kristin


1. Nik got UK type passport photos that I had to cut apart myself. I didn't measure them, so I'm sure they weren't exactly 2x2. We were approved without RFE. Also, I have read that others had similar experiences. So long as it is close to meeting the rules, good chance that you'll be OK. Now when it comes time to issue the visa, it becomes more important, because the picture will be included in the visa, so it needs to be the right size.

2. Not sure what the difference is between a "normal" and "photo"copy. Whichever one means any old copy machine in any office/kinkos etc. You could even scan and print at home.

3. We sent mostly facts. First meeting Nov xx - Nov xx 2007, second meeting xxxxx, third meeting xxxxx, 4th meeting....etc. Just dates for when we had been together in person. We also explained how we had come to meet - in our case, playing the same online game. I provided the web address in case they wanted to check it out. It was only about as long as this paragraph here. I closed the loop by providing one picture from each meeting in person, with notes as to the date and land marks in the background, and bording passes/itineraries/passport stamps to correlate.


I was excited to send it out too, but then when it's gone, it's sooooo boring waiting for things to happen. Hoping for a speedy approval! smile.gif

Edited by Nik+Heather, 02 July 2009 - 11:50 AM.

Nik+HeatherFemaleUnited Kingdom2009-07-02 11:49:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on G-325A
QUOTE (ellmvl @ Jul 2 2009, 06:49 PM) <{POST_SNAPBACK}>
QUOTE (Skip @ Jul 2 2009, 09:46 PM) <{POST_SNAPBACK}>
On the form G-325A there is a line which states: Applicants last address outside the United States of more than one year. My fiance lives in the Philippines and asked me what she should put in this line since she isnt from the USA. Any help would be greatly appreciated. Thanks.


Simply answer N / A or Not Applicable.


According to the example form on here, you put your fiance's current address outside of the US.

http://www.visajourn...Form-G-325A.pdf


Please make sure you carefully read all the guides and look at the example forms etc. You are doing yourself a great disservice by not taking advantage of all the resources here!!

Edited by Nik+Heather, 02 July 2009 - 09:02 PM.

Nik+HeatherFemaleUnited Kingdom2009-07-02 21:02:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
QUOTE (mcallisterra @ Jul 2 2009, 03:04 PM) <{POST_SNAPBACK}>
Thanks for all the responses guys.

I didn't know the addresses had to be on the packet sent away while applying for AOS within the 90 days, so thank you for that Nik+Heather.

karimcharleen: The rest of my family are on E2 visas, so they couldn't bring me in on a K2 I don't believe.

Yea I think the best course of action for me would be to delay sending off the initial application for a bit. That way I have the 6 months in which to activate the visa to line it up with her leaving school. Bit of a shame, I was hoping I could get back a bit sooner...

Anyway thanks for the help guys.


Seriously, look into the CR-1 visa. It may very likely get you over here within a year (NOA1 to interview history is currently at 259 days). It's cheaper too!!!

Sorry we couldn't help you make your other plan work. Nik and I are postponing his arrival here for more "practical" reasons too...but doesn't make it any less pleasant to be separated.

Nik+HeatherFemaleUnited Kingdom2009-07-02 17:13:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
QUOTE (mcallisterra @ Jul 2 2009, 02:09 PM) <{POST_SNAPBACK}>
QUOTE (*Len* @ Jul 2 2009, 11:00 PM) <{POST_SNAPBACK}>
no0pb.gif you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you guides6ly.gif


I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?


You'll put addresses on the papers you send in for AOS, which is also recommended to be completed within the 90 days (seems like you know this timing, which is good), though in practice out of status time is generally forgiven unless you get on the wrong side of the law.

Petitioner's address goes on the I864, beneficiary's goes on the G325A.


This is NOT from an official USCIS site, rather from an immigration lawyer site, so take this with a grain of salt:
http://www.hg.org/ar...ticle_1409.html

It basically states that couples have successfully adjusted status without cohabitating, but that it increases the burden of proof of a bonafide marriage. Couples not cohabitating makes the list along with same sex couples, transexuals, and mail order brides, so I think it's safe to say that trying to adjust without cohabitating is a pretty uncommon situation.

I guess you have a couple of "options" and consequences to consider:
1. Postpone the K1 so that you arrive at a time when you can live together.
2. Pursue the K1 and come over and try to AOS without cohabitation while running the risk of the huge headache of possibly needing to appeal a decision against you.
3. Pursue the K1 and come over and live together in somewhat uncomfortable conditions (w/roomates in apartment) for a few months. I should also note that changing address during AOS processing has lead to a LOT of issues with VJ members.


Have you considered marrying and then going for an immigrant spousal visa (CR-1)? Then you won't have to prove bonafide (cohabiting) spouses until lifting conditions (~2yrs ish), and you come straight in with a green card.

Edited by Nik+Heather, 02 July 2009 - 04:50 PM.

Nik+HeatherFemaleUnited Kingdom2009-07-02 16:49:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
QUOTE (mcallisterra @ Jul 2 2009, 10:17 AM) <{POST_SNAPBACK}>
QUOTE (vickydeutsch @ Jul 2 2009, 07:14 PM) <{POST_SNAPBACK}>
So start your K1 process in March 2010 approx. So by August you will be in US again, living with her and getting married good.gif


She has an apartment with a roommate in Orlando. What proof do they require that you are living together?

Could I just use her address in Orlando as my own once I'm there or do they require both names on the lease as proof?


No, you can't pick and choose, you should tell the truth. Telling something which isn't true for the purposes of meeting the requirements so you can be approved would generally be termed as fraud...
Nik+HeatherFemaleUnited Kingdom2009-07-02 13:16:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
QUOTE (mcallisterra @ Jul 2 2009, 09:34 AM) <{POST_SNAPBACK}>
I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,
Andy


You'll be moving to the states with the K1 and staying. Where will you be living if not with her?
Nik+HeatherFemaleUnited Kingdom2009-07-02 11:35:00
K-1 Fiance(e) Visa Process & ProceduresProcess faster with a lawyer or not?
QUOTE (Octopuss @ Jul 2 2009, 01:56 PM) <{POST_SNAPBACK}>
Thanks to you guys for your fast replies. Actually I have so much things to do before I leave, like selling my belongings, find someone to rent my house, leaving my job, prepare my new life in the US that I felt it would be good to know someone else - a professional - would take care of that stuff. Are there many forms to fill in or is it quite easy?


Don't get ahead of yourself, most of this paper work stuff you take care of LONG before you want to start thinking of selling things! You'll have several months of this process to spread out the work.

Lawyers can add another potential failure point to an already confusing process. Having documents in another language is not a unique case on VJ, and others have successfully had documents translated without the assistance of a lawyer.


I think that you and your fiance(e) should take a long, hard look at the guides here, and see if you think you can fill out the forms and such on your own. You have time to do this while you wait on the divorce - it has to be final final final (not just filed) before you can even start the process.

In our experience, MOST of the work involved digging out all the documents and information to fill out the forms. Unfortunately, even with a lawyer you still have to do all that work, the lawyer can't do it for you.

If, after careful research into the process, you still feel as though you'd rather pay thousands of dollars to let someone else do it for you (again, you'll still have to dig everything up yourself), please do a lot of research before you choose someone. The cheapest guy might not always be the best pick. Most of us here on VJ decided we'd rather spend a few weekends figuring stuff out instead of shelling out the cash.

I'm glad that you're excited about moving here to be with your fiance(e). Use some of that energy to educate yourself about the process. Taking the mystery out of the whole thing can really help to make it less overwhelming. Explore all the links at the top of the page, especially including the guides and the FAQs. You're lucky (like me) to have come across VJ before filing, so you have the best resource right here!

Good luck, and may your journey be a speedy one! smile.gif
Nik+HeatherFemaleUnited Kingdom2009-07-02 17:05:00
K-1 Fiance(e) Visa Process & ProceduresMy lawyer could he be wrong??
Actually, when I looked at VJ averages from NOA1 to receive date, it was 8 months.

Depends on what this "processing" includes. I believe 8 months is a conservative estimate. Yes, it could be faster, but don't set your heart (or your wedding date) on getting the visa sooner unless it actually happens.
Nik+HeatherFemaleUnited Kingdom2009-07-02 13:35:00
K-1 Fiance(e) Visa Process & ProceduresHELP PLZ!
Hi Shane!

For your birth certificate question, I would refer to google or to your Canadian regional forum.

You really need to read the guides and FAQs. We know that you haven't done your homework, because your questions are ALL covered in there (The process, the forms, if you can visit etc). The links are at the top of the page.

Please understand that it is not that we do not want to help you, but you are doing yourself a GREAT DISSERVICE by not reading these excellent resources. They will be more comprehensive than any "catch all" question will yield you on the forums section.

Also, please look very closely at the different visa options, as the K3 which has been recommended is basically obsolete and only a desirable visa under very special circumstances. If you marry, you will most likely want a CR-1 visa.

Do your homework. This process is difficult and easily delayed (or denied) for people who cannot read carefully and research thoroughly.
Nik+HeatherFemaleUnited Kingdom2009-07-10 12:16:00
K-1 Fiance(e) Visa Process & ProceduresHow do i check status of I-129F
QUOTE (ashbibinyc @ Jul 10 2009, 03:24 AM) <{POST_SNAPBACK}>
Actually i have just found it again!! sorry people........... but there is another thing, this is what it is saying


Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Fee Payment Rejected due to Insufficient Funds and Case Placed in Suspense

My fiancee called them up to query this, but they told him not to worry as these numbers in many were assigned to toher people, and to be rest assured that his application is ok.

what do you guys think??????? crying.gif


I think that the USC needs to find out if the funds were available, and if they have been withdrawn from the bank. The petitioner has access to this information, and can check themselves. If the funds weren't there or haven't been withdrawn, then yes, there is a problem.
Nik+HeatherFemaleUnited Kingdom2009-07-10 12:23:00
K-1 Fiance(e) Visa Process & ProceduresA moving question/concern
QUOTE (Gary and Alla @ Jul 10 2009, 03:05 AM) <{POST_SNAPBACK}>
QUOTE (Jon & Dana @ Jul 9 2009, 09:51 PM) <{POST_SNAPBACK}>
Hey guys,

I have just recently moved to a new house down the street from where I used to live. I know I need to fill out the I-865 form (Sponsor’s notice of change of address). However, I do have a concern about this. I have just submitted my 1-134 form to my fiancée. My old address is currently listed on the I-134. Will my fiancée run into difficulties during her interview since I changed addresses not shown on the I-134 form or any others (even though I’m about to file for the I-865)? Your advice would be greatly appreciated!


It will make no affect. She should enter your NEW address on her DS-156, DS-156k. Always give true and accurate answers at the times the forms are completed.


Well, as the interview hasn't happened yet, why not mail off an updated I134 to her as well?

It's NOT critical, the old address combined with the date you signed it means you weren't being misleading as Gary confirmed, but it would close the loop, I think. Piece of mind for the price of postage for one sheet of paper.
Nik+HeatherFemaleUnited Kingdom2009-07-10 17:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresName Question + Criminal History Question
When I sponsored Nik's adjustment (which I know is a slightly different process) I looked into whether or not I could use my married name on the support forms - and the answer is YES.

In fact, since you are married, and you are using a combination of your previous legal name and your husband's name, in most places the marriage certificate is proof of a legal name change. You're correct to say that the SSA will be sort of the proof in the pudding, as it were. Also, while I was researching name changes and how to deal with discrepancies between my ID and my name, I discovered that you can use your name(s) at will, so long as your purpose is not to defraud. (ie, you cannot say "Why, I think you have made some mistake, my name is Katie Wellington, I don't know who this Kate Hughes person is!") For example, since all of my airline loyalty programs and my passport are all still in my maiden name, when I travel, I travel under that name and use my passport, even for domestic flights. In everything else (banking, work, taxes etc) I use my married name.

You'll document all of this with the proof of your name changes (court order & marriage certificate) and also be sure to list all of them under the fields for "previous names used". Use your married name anywhere that it asks for just "name"

Edited by Nik+Heather, 05 October 2010 - 02:05 PM.

Nik+HeatherFemaleUnited Kingdom2010-10-05 14:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresknightsbridge doctors
You cannot schedule the medical appointment until you have a London embassy case number. This starts with LDN, and is assigned by the NVC after petition approval at USCIS.
Nik+HeatherFemaleUnited Kingdom2010-10-05 13:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A Employment - incomplete, unemployment and studying

I agree with you Nik+Heather. But IMO if the missing info IS on the signature page, then spending 50 more to send in complete and correct documents to USCIS is better than getting a RFE and wasting time sending back to them what should have been sent in the first place :blush:


I'm not saying not to send it - just that they don't need to express overnight the new page for $50 when they can regular-mail it for just $1.
Nik+HeatherFemaleUnited Kingdom2010-10-11 13:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A Employment - incomplete, unemployment and studying
So...why is your husband sending the petition from the UK?

If the problem is in the supplement you provided and not on the form which requires your signature, why not fix the supplement with "unemployed" in your work history and email that to him for printing? It wouldn't delay you too much, surely. If it needs a new original signature, then one page in the post only costs about a dollar, and in my experience arrives within a week. I know you're excited to get things sent off, but a week is hardly anything...
Nik+HeatherFemaleUnited Kingdom2010-10-11 11:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIRS Tax Transcript question for AOS HOUSEHOLD MEMBER

Hi,

What is FIL? I live in the UK and don't earn a salary (started my own small business last year) so not sure if my earnings matter?

The income may put us over the threshold from my mother-in-law but certainly the assets guarantee it. It all depends on her W-2s.

Thanks for this info. I will get her to put her W-2s in.

Question: are the W-2s necessary? With the tax transcripts + the assets we are already there?

-Mike


FIL = Father In Law

Yes, I think even with the tax transcripts there will be some requirement that your mother in law's (MIL) individual income will need to be documented. Otherwise, if only joint tax transcripts are provided how are they to know how much FIL made and how much MIL made?

No, your earnings don't matter at all.

The reason why I say to drop the assets is that since your MIL is sponsoring but your FIL isn't, how are you supposed to show her ownership of joint assets? If they aren't needed don't get wrapped up in all that is needed to use assets (appraisal, proof of ownership, liquidity, etc). Many of us have sponsored with sufficient income, and left all fields for assets blank.
Nik+HeatherFemaleUnited Kingdom2010-10-18 22:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIRS Tax Transcript question for AOS HOUSEHOLD MEMBER
You prove your mother in law's income by showing her W-2 forms. I do think you'll need to include your FIL in the addition for the household income, but only mom has to do an I-864A if her income (proven by the W-2s + jointly filed tax transcripts) will put the household income over the required threshold.

I just want to confirm that you all will be living under the same roof?

Your petitioner will still have to file an I-864, even if there is no income at all.

If the income is sufficient, don't bother with the assets.

Edited by Nik+Heather, 18 October 2010 - 05:20 PM.

Nik+HeatherFemaleUnited Kingdom2010-10-18 17:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHe's on his way!!!!
hey, glad things are rolling forward for you guys again and you'll be together again soon even if it's just for a visit!

You probably won't read this now as he's there and who has time for VJ when their SO is visiting!?!
Nik+HeatherFemaleUnited Kingdom2010-10-18 17:25:00
IR-1 / CR-1 Spouse Visa Process & Procedureslost and fed up
I found the statistical data gathered on this website was very helpful to me in terms of framing my expectations for the process. Take a look at the data for your visa/service center at this link:
http://www.visajourn...r1cr1historical

As you can see, people who are just recently having their I-130 approved this month waited about 150 days on average. The estimate at the bottom of YOUR timeline is based on this information. It will get more accurate the closer things get, but based on current data, your approval shouldn't be expected until MARCH. Then, people have spent another ~3 months processing at the National visa center, before going on for the interview at their embassy. Links at the bottom of the page will take you to more detailed data, you could put it in excel if you like that sort of thing and see the fastest/slowest.

At the top of the page there is a blue bar with links in white text. On the right hand side (stretch your screen sideways if you don't see it - the text wraps funny) you'll see "Immigration Timelines" click on the link for "Igor's List" and then use the drop downs for your petition type and service center. I spent a lot of time checking the chart on the right, because you can watch them as they get closer to approving your petition. When the bar for the month you filed starts to go up, you can start looking for your NOA2 to come in the mail too!!

I'm sorry there's not better news to give you. Hang in there, all of us on VJ went through this painful time of separation and made it through, you will too!


Of course, when you're looking at all of that, keep in mind two things: Not everyone going through the process is on VJ or reporting their dates, so this is not absolute. However, I believe that it is a decent sampling. The second thing is that sometimes people are on VJ a lot while they get started, but once they get their approval, it's just not a priority for them to come back here and update things, so there are open-ended time lines out there as well.
Nik+HeatherFemaleUnited Kingdom2010-10-21 12:06:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquick question about G-325a photos
In general, people do not receive RFEs for providing TOO MUCH information (I haven't heard of it happening ever). I don't typically advocate excess, but the time and effort involved in this one extra thing is so minute, why not do it??
Nik+HeatherFemaleUnited Kingdom2010-10-27 09:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBenficiary address in I-130 and beneficiary addresses in G-325
Agree with C_w - being here on the VWP for 90 days is not "living" here, and it is not an official address. In fact, in support of that statement, I'll point out that many times the requirement for needing things like police certificates etc is residency for a minimum of 6 months.
Nik+HeatherFemaleUnited Kingdom2010-10-25 17:06:00