Difference between K-1 and I-129F ???

[canuckcowgirl 0]

Hi ya'll! Ok, I'm sure this has been discussed more than once.. but can some of you out there please help to clarify for me, the difference between K-1 and I-129F???

I am a Canadian citizen, born and raised. I have been dating an American citizen, born and raised for the past 2 years now. We are keen to get married and have consulted with an immigration lawyer in his state. I would be relocating to the US.

I'm not sure if we are better off going with the immigration lawyer and paying thousands of $$$, or doing it on our own...

He had explained to us that if we get married in the States, and file all the forms at the time we get married, I could have status within 4 months.

If we do it on our own, do we file the K-1 first? or the I-129F? Is it necessary to file both?

If I am able to obtain a fiancee visa and be in the States for extended time, that would be so helpful! What's the best step here? I'm so tired of traveling back and forth between Canada and the States.. not to mention I'm always scared that I will be denied entry one day at the border. I know that I'm "allowed" to be in the States for 6 months per year, but that doesn't mean that immigration can't deny you if they feel like it.

Thanks for all the help and advice.. looking forward to reading some replies!

~ Canuckcowgirl

Edited January 21, 2009 by canuckcowgirl

[daboyz 36]

Hi ya'll! Ok, I'm sure this has been discussed more than once.. but can some of you out there please help to clarify for me, the difference between K-1 and I-129F???

I am a Canadian citizen, born and raised. I have been dating an American citizen, born and raised for the past 2 years now. We are keen to get married and have consulted with an immigration lawyer in his state. I would be relocating to the US.

I'm not sure if we are better off going with the immigration lawyer and paying thousands of $$$, or doing it on our own...

He had explained to us that if we get married in the States, and file all the forms at the time we get married, I could have status within 4 months.

If we do it on our own, do we file the K-1 first? or the I-129F? Is it necessary to file both?

If I am able to obtain a fiancee visa and be in the States for extended time, that would be so helpful! What's the best step here? I'm so tired of traveling back and forth between Canada and the States.. not to mention I'm always scared that I will be denied entry one day at the border. I know that I'm "allowed" to be in the States for 6 months per year, but that doesn't mean that immigration can't deny you if they feel like it.

Thanks for all the help and advice.. looking forward to reading some replies!

~ Canuckcowgirl

The I-129F is a form you fill out. Once it is approved, you can apply for the K-1 visa at the foreign consulate. Check out the guides at the top of this page.

[canuckcowgirl 0]

Me again.. I just looked at my notes. I guess what the immigration lawyer was saying is this...

Me enter the US as a visitor, get married (therefore skipping the K-1 visa step, and that would save $455!!) and then moving forward with filing the I-129F(?)

Would this really work??? Wouldn't I run a greater risk of being denied since technically, I was in the States only as a visitor and without proper approval??

Thanks!!!

~Canuckcowgirl

[daboyz 36]

Me again.. I just looked at my notes. I guess what the immigration lawyer was saying is this...

Me enter the US as a visitor, get married (therefore skipping the K-1 visa step, and that would save $455!!) and then moving forward with filing the I-129F(?)

Would this really work??? Wouldn't I run a greater risk of being denied since technically, I was in the States only as a visitor and without proper approval??

Thanks!!!

~Canuckcowgirl

This is pretty sketchy. Alot of people here will have some strong opinions about this. If they find out you are planning to get married while here on a visit, there's a good chance you will be denied entry. Apparently this happens alot, but I think there is some risk to this approach. Some other Canadians here can probably give you better advice than myself.

[canuckcowgirl 0]

The I-129F is a form you fill out. Once it is approved, you can apply for the K-1 visa at the foreign consulate. Check out the guides at the top of this page.

Thanks for the response! I did read some of the guides at the top of the page. My understanding is that my fiance (American) would file the K-1 (fiance/e) visa that would allow me into the USA. Within 3 months we would have to marry. Then we file the I-129F. Is this correct?

[thepizzadude 26]

Me again.. I just looked at my notes. I guess what the immigration lawyer was saying is this...

Me enter the US as a visitor, get married (therefore skipping the K-1 visa step, and that would save $455!!) and then moving forward with filing the I-129F(?)

Would this really work??? Wouldn't I run a greater risk of being denied since technically, I was in the States only as a visitor and without proper approval??

Thanks!!!

~Canuckcowgirl

Not recommended as this is immigration fraud...entering the U.S as a visitor with the foreknowledge you plan to marry and circumventing the immigration process

You should also not trust the lawyer who gave you the advice to do this.

Good Luck

Edited January 21, 2009 by thepizzadude

[luckytxn 2,264]

Go to guides again and you see the K1 guide and you will also see that one of the forms you download to try for a K1 visa is called the I129F. It is a form.

[canuckcowgirl 0]

Me again.. I just looked at my notes. I guess what the immigration lawyer was saying is this...

Me enter the US as a visitor, get married (therefore skipping the K-1 visa step, and that would save $455!!) and then moving forward with filing the I-129F(?)

Would this really work??? Wouldn't I run a greater risk of being denied since technically, I was in the States only as a visitor and without proper approval??

Thanks!!!

~Canuckcowgirl

Not recommended as this is immigration fraud...entering the us with the foreknowledge you plan to marry and circumventing the immigration process

You should also not trust the lawyer who gave you the advice to do this.

Good Luck

I'm so glad for this forum... I have been really unclear about the information this immigration lawyer has given us. The last thing I want to do is muck things up. I've been given bad advice by a lawyer in past that cost me thousands of dollars and loads of grief.

Ok, so seems the way to do it is have my fiance file for the K-1. Then once approved I can enter the US and we can get married within 90 days.

Next step after that???

[luckytxn 2,264]

Pizza is right. If they determine that you came on a visitor visa and got married and you planned on it then that is visa fraud. They can ban you permanently from entering the U.S.

[daboyz 36]

The I-129F is a form you fill out. Once it is approved, you can apply for the K-1 visa at the foreign consulate. Check out the guides at the top of this page.

Thanks for the response! I did read some of the guides at the top of the page. My understanding is that my fiance (American) would file the K-1 (fiance/e) visa that would allow me into the USA. Within 3 months we would have to marry. Then we file the I-129F. Is this correct?

First you get the approval of the I-129F at USCIS. Then you go through the consulate process. Packet 3, Packet 4 and interview. They will then give you a single entry visa. You will need to get married within 90 days of entering the US. After that, you file adjustment of status to get your green card. You can also file EAD (Employment Authorization Document) so that you can work etc.

K-1 is kinda of a lame visa due to the work stuff etc. Granted it is quicker. Best thing in the long run would be to get married, and then go for CR-1. You will get a 2 year green card within a few weeks of arriving in the US on a CR-1 visa. You wont have to pay all the additional fees etc. All you will need to worry about is filing the lifting of conditions on the 2 year green card, and then you will get a 10 year green card.

[canuckcowgirl 0]

Me again.. I just looked at my notes. I guess what the immigration lawyer was saying is this...

Me enter the US as a visitor, get married (therefore skipping the K-1 visa step, and that would save $455!!) and then moving forward with filing the I-129F(?)

Would this really work??? Wouldn't I run a greater risk of being denied since technically, I was in the States only as a visitor and without proper approval??

Thanks!!!

~Canuckcowgirl

Not recommended as this is immigration fraud...entering the us with the foreknowledge you plan to marry and circumventing the immigration process

You should also not trust the lawyer who gave you the advice to do this.

Good Luck

I'm so glad for this forum... I have been really unclear about the information this immigration lawyer has given us. The last thing I want to do is muck things up. I've been given bad advice by a lawyer in past that cost me thousands of dollars and loads of grief.

Ok, so seems the way to do it is have my fiance file for the K-1. Then once approved I can enter the US and we can get married within 90 days.

Next step after that???

haha.. ok I'm really not that "dumb"... honest. Just really confused. Thanks again ya'll for the advice. So cool to see there are so many Texans on this board! Yeehaw! That's where I'll ended up if we can get this done properly

[luckytxn 2,264]

Just take them one step at a time before all the rest You will plenty of time to find out what to do while you have the long wait while the fiancee visa is being processed.

To make it simple though. After you get the visa and arrive in the states you have 90 days to get married and then you both need to do what is called an AOS. AOS is adjustment of Status. You adjust from the 90 to become a permanent resident.

Edited January 21, 2009 by luckytxn

[canuckcowgirl 0]

I have not been employed for over a year now, but I do have sufficient funds.. will any of this have an impact on approval of any of these forms?

My fiance is also a home-owner and has steady employment with good income.

Which advice is best to follow - daboyz and luckytxn seem to have differing courses... (???)

[daboyz 36]

I have not been employed for over a year now, but I do have sufficient funds.. will any of this have an impact on approval of any of these forms?

My fiance is also a home-owner and has steady employment with good income.

Which advice is best to follow - daboyz and luckytxn seem to have differing courses... (???)

The don't look at the intending immigrants income at all. They look at the US citizen's income. If you go the K visa route, look at the requirements on form I-134. If you go the CR-1 route, look at form I-864.

As far as differing courses, it's your call. You will be with your SO quicker with K-1, but be prepared to not be able to work or leave the country for awhile. I think it also might bring up some driver's license issues. Also, you will have to spend $1010 to adjust status. The CR-1 is about $500 cheaper overall.

[canuckcowgirl 0]

I have not been employed for over a year now, but I do have sufficient funds.. will any of this have an impact on approval of any of these forms?

My fiance is also a home-owner and has steady employment with good income.

Which advice is best to follow - daboyz and luckytxn seem to have differing courses... (???)

The don't look at the intending immigrants income at all. They look at the US citizen's income. If you go the K visa route, look at the requirements on form I-134. If you go the CR-1 route, look at form I-864.

As far as differing courses, it's your call. You will be with your SO quicker with K-1, but be prepared to not be able to work or leave the country for awhile. I think it also might bring up some driver's license issues. Also, you will have to spend $1010 to adjust status. The CR-1 is about $500 cheaper overall.

Sounds good! You know your stuff! How'd you become so well versed in all this immigration stuff?

I could be ok with not working for a bit (depending on how long that was), and I don't drive now anyways..

my big issue would not being able to leave the US for awhile..

I will discuss all this with my fiance and research further. All of these different forms are intimidating.. CR-1? I-864? YIKES!

But y'know, I've obtained more valuable information in the past 30 minutes, than I have in the past several months!!!

Thanks again