When to file K1 petition

[jundp 191]

Hi everyone. Just to start off, I have read all the guides, checked the timelines, read other posts, checked out the USCIS site, etc. but this is more a question for those who have already started the process.

We are waiting to file our K1 until closer to the end of my fiance's schooling. He will begin his thesis in October, and should be finished by February. He can move here (upon approval of course) any time after his thesis is finished. We originally planned on filing in September, then I noticed the trends and read a thread about the delays at NSC (and other centers) due to processing of lottery paperwork.

We then discussed filing in late July and though I know the processing times vary, but I'm not sure if that's too early. I know that later rather than sooner seems to be the trend on approvals, I was just hoping for some feedback. Or maybe reassurance? I understand he can visit while the K1 is still pending, though, but once it's approved it seems to be that he can only enter the country once.

Feel free to tell me to piss off and read the guides, though I warn you that I already did that. I also stalked timelines, especially those of people whose fiance/es were from Germany. :-)

[kitkat1 5]

One thing to keep in mind that might help you with your plannng -- once the visa is actually issued, it is valid for six months so he doesn't need to come right away.

[Otto 83]

Hi everyone. Just to start off, I have read all the guides, checked the timelines, read other posts, checked out the USCIS site, etc. but this is more a question for those who have already started the process.

We are waiting to file our K1 until closer to the end of my fiance's schooling. He will begin his thesis in October, and should be finished by February. He can move here (upon approval of course) any time after his thesis is finished. We originally planned on filing in September, then I noticed the trends and read a thread about the delays at NSC (and other centers) due to processing of lottery paperwork.

We then discussed filing in late July and though I know the processing times vary, but I'm not sure if that's too early. I know that later rather than sooner seems to be the trend on approvals, I was just hoping for some feedback. Or maybe reassurance? I understand he can visit while the K1 is still pending, though, but once it's approved it seems to be that he can only enter the country once.

Feel free to tell me to piss off and read the guides, though I warn you that I already did that. I also stalked timelines, especially those of people whose fiance/es were from Germany. :-)

Hello jundp,

Here is my best advice based on what you've written...(and no, it's not to piss off..lol)

First - you may already know, you have 6 months to enter the US once the petition is approved/granted. So why not have it already completed so he can move when he's ready and not waiting for anything to be completed? Am not saying file right away, but maybe in late-summer. =)

[jundp 191]

Thanks guys.

I knew about the 6 month rule, but we weren't sure if he'd be able to visit during that time or not (or if once he enters the country that's it...)

[kitkat1 5]

Thanks guys.

I knew about the 6 month rule, but we weren't sure if he'd be able to visit during that time or not (or if once he enters the country that's it...)

The K1 is used to enter one time and after that, he cannot leave again until his either has his green card or has applied for and received advanced parole. But that doesn't mean he has to use an approved K1 visa to enter - he could enter on VWP or a tourist visa if he isn't ready to use the K1. But of course keep in mind that no entry is ever guaranteed - it's up to IO at the POE.

[msu17 0]

I think he'd still activate the K1 even on VWP since it would be in his passport. I feel ya on the filing time though. We had the same thing, and filed in Jan/Feb so he would get the visa after he graduated. For us, this made sense since we weren't quite ready to get engaged (and file) several months or so earlier AND we needed him to work for a few extra months to build up savings for when he can't work. If I were you, I'd file earlier (not toooo early) so you can have the visa when he graduates and he can move right over. Not sure on your service center/ and embassy wait, but for us it would be 6 months at the minimum, so we filed with that in mind. Good luck!

[jundp 191]

I've checked the timelines and it appears that as far as NSC and then the Frankfurt embassy go, we're looking at a minimum of 5 months, but most likely longer. He'd like to interview for jobs here, as his current employment will end when his graduate work ends. But, we're aware that we could face several months of him not working, and will make allowances for that. I've thought that far in advance and I think when the time comes we will fly him into JFK in the hopes of getting the temp EAD.

I always feel bad when I check out other people's timelines, because I don't have anything to offer yet ;-)

[kitkat1 5]

I've checked the timelines and it appears that as far as NSC and then the Frankfurt embassy go, we're looking at a minimum of 5 months, but most likely longer. He'd like to interview for jobs here, as his current employment will end when his graduate work ends. But, we're aware that we could face several months of him not working, and will make allowances for that. I've thought that far in advance and I think when the time comes we will fly him into JFK in the hopes of getting the temp EAD.

I always feel bad when I check out other people's timelines, because I don't have anything to offer yet ;-)

For comparison's sake when it comes to timelines, look at California since NSC no longer processes K1s and they are automatically forwarded to CSC. You'll get a more accurate idea of how long that part of the process takes. Then factor in about 1 month to pass through the National Visa Center and then compare how long the process takes in Germany. If need be, you can delaying returning the checklist (if they require one) or the packet 3 to postpone the interview scheduling.

Edited April 29, 2007 by kitkat1

[jundp 191]

For comparison's sake when it comes to timelines, look at California since NSC no longer processes K1s and they are automatically forwarded to CSC. You'll get a more accurate idea of how long that part of the process takes. Then factor in about 1 month to pass through the National Visa Center and then compare how long the process takes in Germany. If need be, you can delaying returning the checklist (if they require one) or the packet 3 to postpone the interview scheduling.

I absolutely missed the fact that everything gets sent to CSC from Nebraska. Holy cow. Why don't we just send them directly to CSC, I wonder? (rhetorical) Any clue how much time I should tack on for it to go from NSC to CSC?

[kitkat1 5]

For comparison's sake when it comes to timelines, look at California since NSC no longer processes K1s and they are automatically forwarded to CSC. You'll get a more accurate idea of how long that part of the process takes. Then factor in about 1 month to pass through the National Visa Center and then compare how long the process takes in Germany. If need be, you can delaying returning the checklist (if they require one) or the packet 3 to postpone the interview scheduling.

I absolutely missed the fact that everything gets sent to CSC from Nebraska. Holy cow. Why don't we just send them directly to CSC, I wonder? (rhetorical) Any clue how much time I should tack on for it to go from NSC to CSC?

Just a few days - it's very routine now so it doesn't add much time.

[jundp 191]

Good to know.

Thanks for all the great comments. It's nice that even though there's info I can find (be it guides or on the USCIS site) I think sometimes just having others give an opinion or their own experience helps. That human factor. Well....virtual factor ;-)

[nane1104 146]

If you haven't yet..take a look at my timeline. I think my application went through pretty smoothly, no RFE's, no delays, that's how it SHOULD be..lol

Another thing: The longest waiting period is until your petition gets approved.

Once you have the NOA2 (the approvel notice) and the case gets send to NVC and then to the embassy in Germany, things move fast...(depending on how fast he gets his medical exam done and sends the required papers in....with that, you have little influence, how fast you want the process to go once the case is in Germany.

Good luck!

[jundp 191]

Thank you!

I do know that if for some reason we get approved more quickly than we can do things (which I imagine is rare) then we can ask for an extension for the interview date.

Our main concern is allowing him time to finish his thesis and be prepared to move here. I suppose if all else fails he can move here and we can get married and then apply for AP to go back to Germany for a wedding there.