Question regarding Fiance visa

[Arnold 0]

Dear All,

Recently proposed to the other half (she's American), and we're now in the process of gathering together paperwork to process for my fiance visa, and the paperwork from then on for my future residency (we're intending to stay in the US)

She's been adamant that the wedding date be set for November 2006, however, with our self imposed deadline to send our forms in for this monday, will this be enough time to get everything done and dusted?

This would also include me getting the appropriate paperwork from the US Embassy in London.

Appreciating this is something of a bone question, but the only chap I know over here who went through this process did so 15 years ago,and like his fashion sense, times have changed.

Look forward to hearing from you all,

Cheers,

Arnold.

[bebop + rocksteady 0]

Right now, thanks to the new regulations from the IMBRA act, EVERYONE's petitions are being delayed. It's very hard right now to guestimate when it'll come through. No one really knows how all the transfers (they are phasing out all service centers except for California and Vermont, so they'll be doing the whole lot of K1s) and how all the RFEs (thanks to IMBRA) will affect processing times. Plus, you never know what complications your case might bring up. There are couples on this board who were stuck in security checks for up to 6 months just because they had a hit one of the names.

Even in the best cases without any RFEs or delayes, it'd be nearly impossible to get the visa in hand by November.

It's very risky to try and plan the wedding without any guarantee it can actually happen. I would recommend planning on having a civil ceremony once you are into the country, and then have fun and plan the wedding together. Although it won't be a legal ceremony, you'll get the joy of planning and preparing for your wedding together as opposed to with thousands of miles between you.

Good luck!

Dear All,

Recently proposed to the other half (she's American), and we're now in the process of gathering together paperwork to process for my fiance visa, and the paperwork from then on for my future residency (we're intending to stay in the US)

She's been adamant that the wedding date be set for November 2006, however, with our self imposed deadline to send our forms in for this monday, will this be enough time to get everything done and dusted?

This would also include me getting the appropriate paperwork from the US Embassy in London.

Appreciating this is something of a bone question, but the only chap I know over here who went through this process did so 15 years ago,and like his fashion sense, times have changed.

Look forward to hearing from you all,

Cheers,

Arnold.

Edited June 23, 2006 by cass

[Artegal 1]

Browse other users' timelines in situations similiar to yours (Same country etc)--however keep in mind that times change--since March 6 the US Citizen has to provide extra information (Criminal background check etc.) This situation has already caused a delay with the K-1 visa.

The best advise I can really give you is to either keep your wedding plans really flexible. Or if a date is fixed and she is unwilling to change the date--then get married first and petition for a K-3/CR-1 visa instead of the K-1. This way you have your wedding exactly when you want and then aren't dependent on an ever changing backlog and processing time on visas.

Take care and good luck.

[Ladylethal 12]

November sounds too near if you´ve to submitt your petition, this process takes 6 or more months usually, so even if you get lucky to be processed quickly, don´t expect that you will.

[Arnold 0]

Dear All,

Many thanks for the prompt & informative responses, as well as the leads you've provided.

Appreciate you taking the time out to answer what I'd imagine to be a time old question.

Will pass this on,

Best Wishes,

A

[Jersey Girl 2]

Sorry, you can't set a firm date for five months from now and expect the government to comply. Unless you're willing to lose all the deposits and other fees associated with a wedding. Which are nothing compared to the angst of wondering if it will all happen as planned. You could have a simple wedding now, submit a K3 instead of K1, and have the big party at some later date. Or, have a long engagement and set a date after you have the K1 visa for sure. There are too many people here who've had their plans squashed, their wallets emptied, and their friends and family left with non-refundable airfares.

[vartan 0]

I know for me and my Fiance we plan on having a civil wedding and then down the road have the big hoopla.. Not only to make it more convenient for people outside of the US to make it, but so I can save up so money after all the $$ the process is going to cost.. Not as glamorous but definitly worth the price to have her here again.

[Waiting in Vancouver 6]

Well we only took 5 months to get our K-1 approval but we had a very smooth ride ... We went through Nebraska so we had some delay (60 days) there but once it hit Vancouver Canada it was fast ... But Vancouver is know for how fast and organized they are ...

Also keep in mind our petition was before all of this IMBRA stuff so that would cause even more delays .... And from reading on here that London takes some times to get you interview dates ...

Planning a big wedding with not knowing when you will be approved could be a major financial burden as well as a very stressful time ...

Edited June 23, 2006 by Waiting in Vancouver

[seldi 1]

Not to burst your bubble or anything, but 5 months is kind of unrealistic. You also don't mention what Service Center you will be using which makes a huge difference. Even if it was Vermont, 5 months is still unrealistic. Some people who applied in March have not even received their NOA2 yet. Remember that since it's first come, first serve (supposedly, but I don't think that's true at all), there cases have priority over yours. I think you should give yourself at least 9 months.

If it's any consolation to you at all, we're planning our big REAL wedding for December 2007, in South America.

[Cristy 4]

We did it in 5, like Waiting in Vancouver. But again it was before IMBRA and with a really fast consulate. I would not bank on it.

[seldi 1]

If it's any consolation to you at all, we're planning our real wedding for December 2007.

[Arnold 0]

Dear All,

Many thanks for your advice & related experience,much appreciated.

If my fiance and I were to have a civil ceremony, what would be the procedure in terms of paperwork? as someone who's here on a visa waiver, would I be able to remain here after the marriage while the appropriate paperwork was processed?

If we were to marry as described above,would it simply be a case of me sitting tight in the US as opposed to trekking back to the UK?

Thanks,

A

[Artegal 1]

Remember if you get married then you will not eligible for the K-1. You will have to request a K-3 or CR-1 visa instead. The procedure to get married in the USA varies depending on what state you live in. But normally its pretty straight forward and there is not much too it. But you need to check with the specific laws in the state that you are currently residing. Also you can get married in another state besides the state you residing. This is often done when one state's law is more restrictive than another state's law. States are required by the constitution to honor marriages no matter what state the ceremony took place--so if you find your state to be a pain--then you might opt to take a road-trip to another state for the ceremony.

Edited June 24, 2006 by Artegal

[Arnold 0]

Remember if you get married then you will not eligible for the K-1. You will have to request a K-3 or CR-1 visa instead. The procedure to get married in the USA varies depending on what state you live in. But normally its pretty straight forward and there is not much too it. But you need to check with the specific laws in the state that you are currently residing. Also you can get married in another state besides the state you residing. This is often done when one state's law is more restrictive than another state's law. States are required by the constitution to honor marriages no matter what state the ceremony took place--so if you find your state to be a pain--then you might opt to take a road-trip to another state for the ceremony.

Hello Artegal,

Thanks for the reply.

We're planning to marry in Texas. I would enter the US on a visa waiver (as a UK passport holder)

I spoke to the relevant government department on the phone, and apparently as long as I enter the US legally (which I believe is via the visa waiver) I can marry, then we would file for forms I-130 & I-145, and thus would begin the process of getting my paperwork processed.

Am I on the right tracks with this? (obviously not asking you for legal advice per say, just advice!)

Thanks,

A

[Artegal 1]

Post in the K3 or CR-1 forum or AOS Forum about that specific situation. I don't know how the I-145 works. The I-130 is for the K-3 and CR-1 visas. Since you plan to marry first and then pursuit the Visa the K-1 forum is not your path now. Good luck.