3 K-1 Visa Questions

[cawley00 0]

Hi all,

Thanks in advance if any of you can help with this. I have three specific questions regarding the K-1 visa.

• Who do I make the check out to? I imagine this may seem like a stupid question but I have been searching every form and the entire USCIS website and just can't find that piece of information. I would really love to see it in writing somewhere.
  

• We were hoping to have the visa before Christmas, as we've already booked a flight. After speaking with a few attorneys, it appears this most likely won't happen if I file in September. That being said, would my fiancé be allowed to come into the States on the Visa Waiver Program for Christmas?
  

• Is it possible to file for the adjustment of status at the same time as the K-1 visa? Or must I wait until we are married?
  

Cheers,

Mike

[Penny Lane 8,159]

As per the instructions on the I-129F, the check is to be made to the United States Department of Homeland Security.

I don't know much of anything about the Visa Waiver Program, so maybe someone else might be able to give you a more specific answer. But visits are completely possible during the Visa process. Make sure your fiance has ties to their home country to prove they are not trying to stay in the United States before they have their Visa.

AOS must be done once you're married.

[Bobby+Umit 161]

Hi all,

Thanks in advance if any of you can help with this. I have three specific questions regarding the K-1 visa.

• Who do I make the check out to? I imagine this may seem like a stupid question but I have been searching every form and the entire USCIS website and just can't find that piece of information. I would really love to see it in writing somewhere.

Answered above - it's in the instructions for the form (Under 'What is the Filing Fee" section - I urge you to carefully go over the instructions and the guides above - if you missed who to make the check out to - you may of missed something else.

• We were hoping to have the visa before Christmas, as we've already booked a flight. After speaking with a few attorneys, it appears this most likely won't happen if I file in September. That being said, would my fiancé be allowed to come into the States on the Visa Waiver Program for Christmas?

Lawyers are right, I doubt you would get it by December if you file in September - your looking at a 6-8 month process.

Yes - if she is eligible for the VWP - she can use it, even if you have the K-1 in process. She should be prepared to answer more questions and be able to show strong ties back home.

• Is it possible to file for the adjustment of status at the same time as the K-1 visa? Or must I wait until we are married?

Answered above - you can't AOS till you have the K-1 and she comes here using that to get married (you need a certain status to adjust from). I would not try to get married while she is visiting and attempt AOS if you have the K-1 in process.

Cheers,

Mike

[cawley00 0]

Great thanks! But I am looking at the i-129f form dated 6/14/10. It's not on there. The only time the words "Department of Homeland Security" appear is at the very top of the page. I've attached it. Strange.

As per the instructions on the I-129F, the check is to be made to the United States Department of Homeland Security.

I don't know much of anything about the Visa Waiver Program, so maybe someone else might be able to give you a more specific answer. But visits are completely possible during the Visa process. Make sure your fiance has ties to their home country to prove they are not trying to stay in the United States before they have their Visa.

AOS must be done once you're married.

i-129f.pdf

[Penny Lane 8,159]

Great thanks! But I am looking at the i-129f form dated 6/14/10. It's not on there. The only time the words "Department of Homeland Security" appear is at the very top of the page. I've attached it. Strange.

No, it's not on the form. It's on the instructions.

http://www.uscis.gov/files/form/i-129finstr.pdf

[cawley00 0]

Great. That is the piece of information I needed. Thanks so much.

No, it's not on the form. It's on the instructions.

http://www.uscis.gov/files/form/i-129finstr.pdf

[Penny Lane 8,159]

Great. That is the piece of information I needed. Thanks so much.

Not a problem. Make sure to spell out United States Department of Homeland Security, too. Don't put USDHS or DHS or anything like that.

[cawley00 0]

If she is in the states on a VWP when we receive the K-1 visa, I imagine she would have to go back to her country and re-enter with the new visa?

[Penny Lane 8,159]

She will have to be in her home country to have her medical exam and interview before she is issued a Visa. I am not sure they would send the Visa to a United States address. Someone else with more knowledge may be able to shed some light on that.

[Bobby+Umit 161]

She will have to be in her home country to have her medical exam and interview before she is issued a Visa. I am not sure they would send the Visa to a United States address. Someone else with more knowledge may be able to shed some light on that.

Your correct - she would have to go back to her country to actually do the K-1 visa.

[cawley00 0]

Thanks for your help!

Your correct - she would have to go back to her country to actually do the K-1 visa.

[baron555 934]

Hi all,

Thanks in advance if any of you can help with this. I have three specific questions regarding the K-1 visa.

• Who do I make the check out to? I imagine this may seem like a stupid question but I have been searching every form and the entire USCIS website and just can't find that piece of information. I would really love to see it in writing somewhere. Read the form instructions.
  

• We were hoping to have the visa before Christmas, as we've already booked a flight. After speaking with a few attorneys, it appears this most likely won't happen if I file in September. That being said, would my fiancé be allowed to come into the States on the Visa Waiver Program for Christmas? Yes, maybe and maybe not.
  

• Is it possible to file for the adjustment of status at the same time as the K-1 visa? Or must I wait until we are married? No then Yes
  

Cheers,

Mike

[newlyweds2010 208]

we filed in September 2009 and I received my visa in April 2010. We could have expedited things a little bit after our case was sent to the consulate, but just by a couple of weeks.

So, I'd say that unless your case goes incredibly fast for some personal reason (such as you're in the military or otherwise work for the govt), the waiting time is about 6-7 months from when you send out your papers.

[Barbara J 115]

Depending on what office you are going through it takes approx 5 months to be approved by USCIS we went through Vermont and started 9th March approved 22nd June (only 3 months) sent to NVC and then on to Australia , got letter 15th July and had interview 17th August. So 5 months from start to finish. If you want to speed things up your fiance can download instructions from their embassy or consulate and get started on the paperwork they need and medical and police report. It saves time once it is approved and sent to your fiance 's embassy.

I do not know what country your fiance is from but yes they can visit you on waiver visa while petition is being processed. I was able to visit my fiance in Augusta while all this was happening and had 10 weeks with him. But did have to come back for visa interview and and process here.

Make sure you read the instructions thoroughly on 129f and send everything they ask for don't miss anything as it delays it more.

Good luck

[cawley00 0]

Thanks for all the info. Is there a way to choose which office we go through?

Depending on what office you are going through it takes approx 5 months to be approved by USCIS we went through Vermont and started 9th March approved 22nd June (only 3 months) sent to NVC and then on to Australia , got letter 15th July and had interview 17th August. So 5 months from start to finish. If you want to speed things up your fiance can download instructions from their embassy or consulate and get started on the paperwork they need and medical and police report. It saves time once it is approved and sent to your fiance 's embassy.

I do not know what country your fiance is from but yes they can visit you on waiver visa while petition is being processed. I was able to visit my fiance in Augusta while all this was happening and had 10 weeks with him. But did have to come back for visa interview and and process here.

Make sure you read the instructions thoroughly on 129f and send everything they ask for don't miss anything as it delays it more.

Good luck