Brand new to this . . . my head is spinning!!

[Anita and John 0]

Hi everyone,

Well, I just found this amazing site today but I now have a splitting headache! I spent the afternoon bawling my head off after coming to the realization of how long it would actually be before my sweetheart and I can be together. Maybe it was our naivete, but we honestly thought he could move here within a few weeks!

So, I've spent the afternoon/evening looking over the site, reading the FAQ's and the Guides, and am still confused about a few things. First of all, it seems like the fastest process would be Direct Consular Filing. Is there any reason why most people would choose a K-1 over DCF? And I thought I read somewhere that once you apply for the K-1 visa, the foreign national can't return to the US until it has been approved. Is this accurate?

Also, before we began learning about this process, our original plan was that he would have an employer here sponsor him for an H1-B visa so that he could move here relatively soon and begin working. Then we would get engaged, and go through the K-1 process. Would going the H1-B route get him here faster than the K-1, and if so, would he then need to leave the US in order to complete the fiance visa?

Any and all help is greatly appreciated. And thank you in advance to everyone who has gone through this process and is willing to help others get through it without going crazy!

Thanks again,

Anita and John

[daboyz 36]

Hi everyone,

Well, I just found this amazing site today but I now have a splitting headache! I spent the afternoon bawling my head off after coming to the realization of how long it would actually be before my sweetheart and I can be together. Maybe it was our naivete, but we honestly thought he could move here within a few weeks!

So, I've spent the afternoon/evening looking over the site, reading the FAQ's and the Guides, and am still confused about a few things. First of all, it seems like the fastest process would be Direct Consular Filing. Is there any reason why most people would choose a K-1 over DCF?

You cant do DCF with a K visa. You can get married in Ireland and file DCF. The USC will need to prove residency for 6 months in Ireland

And I thought I read somewhere that once you apply for the K-1 visa, the foreign national can't return to the US until it has been approved. Is this accurate?

This is kind of a ####### shoot. Since Ireland is on the Visa Waiver Program, it should be possible. You just need to limit your answers at the Point of Entry to the US. There are many threads on this site concerning this. Some people have been sent back.

Also, before we began learning about this process, our original plan was that he would have an employer here sponsor him for an H1-B visa so that he could move here relatively soon and begin working. Then we would get engaged, and go through the K-1 process. Would going the H1-B route get him here faster than the K-1, and if so, would he then need to leave the US in order to complete the fiance visa?

This is also a problem. If they find out you had intent to marry on a K visa, it will cause some major issues.

Any and all help is greatly appreciated. And thank you in advance to everyone who has gone through this process and is willing to help others get through it without going crazy!

Unfortunately, you probably need to follow the rules like everyone else, and just wait it out. There is no issue with you going to Ireland to visit while the visa processing takes place.

Thanks again,

Anita and John

[Mirtle 0]

My understanding might not be accurate, but I was under the assumption that if you were to get a H1-B visa, then the K-1 is redundant. You would have to go through an entirely different process.

Im not going to look it up, or make any concrete statements, but the K-1 essentially gives the beneficiary the right to travel to the US to marry, and then eventually become a non-conditional permanent resident. If the beneficiary already has the right to live in the US because of a work arrangement, getting the K1 is unnecessary, since that person is already in the country. The K-1 is only needed if the person is a fiance and does not actually live in the US.

[pushbrk 12,910]

My understanding might not be accurate, but I was under the assumption that if you were to get a H1-B visa, then the K-1 is redundant. You would have to go through an entirely different process.

Im not going to look it up, or make any concrete statements, but the K-1 essentially gives the beneficiary the right to travel to the US to marry, and then eventually become a non-conditional permanent resident. If the beneficiary already has the right to live in the US because of a work arrangement, getting the K1 is unnecessary, since that person is already in the country. The K-1 is only needed if the person is a fiance and does not actually live in the US.

The problem with the H1B visa is really that it's a numbers game. If he gets one, it's dual purpose, allowing adjusting status based on marriage to a USC. So, yes with an H1B, K1 is not needed but getting an H1B is pretty difficult these days.

DCF is for a couple already married and the USC has six months legal residence in the foreign country.

Yes, the OP's head is spinning.

[CraigCam 0]

Talk about naivete, I thought I would just go marry my sweety and bring her home with me on the next plane.

I thought I wouldn't be able to bear the lengthy process, but seven months later we have been approved. Looking back, the time went by much faster than I expected. Trips during the process make the wait more bearable.

Take a deep breath, do your homework and stay organized. It will pay off.

And listen to pushbrk, he knows what he's talking about. even if he and i don't see eye to eye 100% of the time, I always respect his input.

you will make some lasting frienships here on VJ. welcome and good luck!

[Anita and John 0]

Thanks to everyone who replied! We definitely want to follow the rules on this, we just had no idea it was so convoluted and drawn out, and probably like everyone, just looking for the best way to be together as soon as possible.

By the way, pushbrk, who is the "OP"? Tried looking it up on the abbreviations page and couldn't find it. Operating Procedure? Ocean Pacific?

Thanks again everyone!

Anita

[Jasman0717 9]

Welcome to VJ. You already have received some great advice. Hang in there, it does eventually end.

[coria1988 0]

Thanks to everyone who replied! We definitely want to follow the rules on this, we just had no idea it was so convoluted and drawn out, and probably like everyone, just looking for the best way to be together as soon as possible.

By the way, pushbrk, who is the "OP"? Tried looking it up on the abbreviations page and couldn't find it. Operating Procedure? Ocean Pacific?

Thanks again everyone!

Anita

As far as I know OP means Original Poster, so that would be you!

[CraigCam 0]

Thanks to everyone who replied! We definitely want to follow the rules on this, we just had no idea it was so convoluted and drawn out, and probably like everyone, just looking for the best way to be together as soon as possible.

By the way, pushbrk, who is the "OP"? Tried looking it up on the abbreviations page and couldn't find it. Operating Procedure? Ocean Pacific?

Thanks again everyone!

Anita

You are the OP! Original Poster

PS-I see you are from Hotlanta. I used to live across from the Fox. Ahh, the good ole days of bar hopping in Buckhead. Do they still have that 'Frique Nique'(sp?) event every year? What a mess that was.

[*JG* 2]

Good answers on all the above. Sorry....we all wait!

[Anita and John 0]

Ahhh . . . thanks Coria and Craig for the heads up on the "OP", or . . . me as it were!

Small world, Craig! But no, they did away with "FreakNik" several years ago. Just got WAY too crazy!!! (THANK GOD!!!)

[Kathryn41 3,205]

Hi Anita and John,

Welcome to VJ. There is a lot of good information here and you will find it will help your visa journey immensely. Wishing you a quick entry for your sweetheart to this part of the country. Once you file, John (I assume he is the foreign partner) should be able to visit you in the US as long as he can prove that he retains ties to Ireland during this process (ie. proof of employment, proof of living accommodations - rent, mortgage, deed, etc., proof of financial ties and responsibilities in Ireland, etc.) to show that he is not intending to stay. Make sure he always tells the truth when entering the country, don't overstay any visits, and have his proof of ties to his homeland and you should be able to visit during the process. We alternated visits back and forth from Canada to Atlanta during our K-1 journey and having the package of information - which included a copy of the K-1 application - really helped with immigration. Good luck.

[pushbrk 12,910]

Thanks to everyone who replied! We definitely want to follow the rules on this, we just had no idea it was so convoluted and drawn out, and probably like everyone, just looking for the best way to be together as soon as possible.

By the way, pushbrk, who is the "OP"? Tried looking it up on the abbreviations page and couldn't find it. Operating Procedure? Ocean Pacific?

Thanks again everyone!

Anita

OP = Original Poster = You (in this case)

[FCH 1]

Hi everyone,

Well, I just found this amazing site today but I now have a splitting headache! I spent the afternoon bawling my head off after coming to the realization of how long it would actually be before my sweetheart and I can be together. Maybe it was our naivete, but we honestly thought he could move here within a few weeks!

So, I've spent the afternoon/evening looking over the site, reading the FAQ's and the Guides, and am still confused about a few things. First of all, it seems like the fastest process would be Direct Consular Filing. Is there any reason why most people would choose a K-1 over DCF? And I thought I read somewhere that once you apply for the K-1 visa, the foreign national can't return to the US until it has been approved. Is this accurate?

Also, before we began learning about this process, our original plan was that he would have an employer here sponsor him for an H1-B visa so that he could move here relatively soon and begin working. Then we would get engaged, and go through the K-1 process. Would going the H1-B route get him here faster than the K-1, and if so, would he then need to leave the US in order to complete the fiance visa?

Any and all help is greatly appreciated. And thank you in advance to everyone who has gone through this process and is willing to help others get through it without going crazy!

Thanks again,

Anita and John

K1 is probably still the way to go. good luck!!!