K1 visa for Swedish fiance

[yehaww 0]

I've read that the processing time on a K1 is about 6 months. The form 129-F itself looks pretty basic. As far as I can tell, that's all I need to send in. I know nothing is guaranteed, but could I realistically expect to be able to have my girlfriend here in 6 or 7 months from the time I send the form and check? Or is that being a bit naive? Also, if, after coming here and living together for a few months we decide not to get married and she goes back, I assume the Visa expires just like any other?

Would she be able to come here for a visit while the form is being processed on the VWP?

She's Swedish if that makes a difference in speeding up or slowing things down as far as the visa process goes.

[Hell0W0rld 10]

6-8 months sounds about right from initial filing till interview and possibly being here. along with the petition you will have to send in evidence to show that you have actually met your fiancee in person within 2 years, after your fiancee arrives she has 3 months to decide if she wants to marry or leave, and it is possible to come visit but she needs to beable to prove that she will go back home (showing strong ties to her home country). as far as being swedish and speeding things up, not really....

[Chibby 0]

I've read that the processing time on a K1 is about 6 months. The form 129-F itself looks pretty basic. As far as I can tell, that's all I need to send in. I know nothing is guaranteed, but could I realistically expect to be able to have my girlfriend here in 6 or 7 months from the time I send the form and check? Or is that being a bit naive? Also, if, after coming here and living together for a few months we decide not to get married and she goes back, I assume the Visa expires just like any other?

Would she be able to come here for a visit while the form is being processed on the VWP?

She's Swedish if that makes a difference in speeding up or slowing things down as far as the visa process goes.

Read the instructions to the I-129F on the USCIS website or on here in the Guide section. Very helpful

Yes, the K1 is usually one of the fastest visas, the processing times depend a bit on which service center (Vermont/Cali) you have to send it to. And that depends on where you live. You can help the process with reading carefully about it, and getting necessary documents like police records etc. ahead of time. Again I advise you to read the K1 Guide which can be found here http://www.visajourney.com/forums/index.ph...mp;page=k1guide

She can come to visit you while the petition is being processed, but it depends on the officer at the port of entry if they let her in or not. If she has binding ties from her country, for example employment letter/contract, cell phone contract, apartment lease etc., she might be granted entry. A ticket for a return flight wouldn't be bad either. But in the end it's in the hands of the officer.

Her nationality makes no difference in this process. The process with the embassy might be somewhat easier though, since I believe Sweden is not considered a high fraud country.

Hope that helps you,

Chibby

[Bobby+Umit 161]

I've read that the processing time on a K1 is about 6 months. The form 129-F itself looks pretty basic. As far as I can tell, that's all I need to send in. I know nothing is guaranteed, but could I realistically expect to be able to have my girlfriend here in 6 or 7 months from the time I send the form and check? Or is that being a bit naive? Also, if, after coming here and living together for a few months we decide not to get married and she goes back, I assume the Visa expires just like any other?

Would she be able to come here for a visit while the form is being processed on the VWP?

She's Swedish if that makes a difference in speeding up or slowing things down as far as the visa process goes.

No - you need to send in more than just the I-129F and check!

You really should not use the K-1 to "test" out to see if you want to get married. You are suppose to use it to get married. Plus you have all that pesky paperwork (IMBRA) and other costs....

If she can visit on the VWP - use that - they give you 90 days, just like the K-1. And it will not cost you much if she decides not to marry you....

Edited April 28, 2009 by Bobby_Umit

[Chibby 0]

I've read that the processing time on a K1 is about 6 months. The form 129-F itself looks pretty basic. As far as I can tell, that's all I need to send in. I know nothing is guaranteed, but could I realistically expect to be able to have my girlfriend here in 6 or 7 months from the time I send the form and check? Or is that being a bit naive? Also, if, after coming here and living together for a few months we decide not to get married and she goes back, I assume the Visa expires just like any other?

Would she be able to come here for a visit while the form is being processed on the VWP?

She's Swedish if that makes a difference in speeding up or slowing things down as far as the visa process goes.

No - you need to send in more than just the I-129F and check!

You really should not use the K-1 to "test" out to see if you want to get married. You are suppose to use it to get married.

If she can visit on the VWP - use that - they give you 90 days, just like the K-1. And it will not cost you much if she decides not to marry you....

I agree! :thumbs

Why spending all that money on the K1 if you don't even know if you really wanna marry her.

[yehaww 0]

No - you need to send in more than just the I-129F and check!

You really should not use the K-1 to "test" out to see if you want to get married. You are suppose to use it to get married.

If she can visit on the VWP - use that - they give you 90 days, just like the K-1. And it will not cost you much if she decides not to marry you....

I did read the General K1 guide, but hadn't seen that specific link. Thanks.

I've gone through this in another thread. We've known each other for 2 years and have visited each other regularly and love each other. We've been together for, maybe, 8 3 week "vacations", We think we want to get married, but honestly, we want to live together first. You can only learn so much about a person through short 3 week visits, e-mails and phone conversations. I would never marry someone here in the US without living with them first, and this situation is no different. So what we want to do is do a trial live-together scenario and if it works out, get married.

So the 2 options, as I see it, are have her come on the VWP and if we decide after a few months to marry, just propose to her and file for an AOS(this was advice from an immigration attorney). People on this board have told me that this is illegal and I should go the K1 route. Now I'm here at the K1 forum and people are telling me that it's a dumb idea.

The predicament we're in is that for her to come here for 3 months, she has to quit her job. She was laid off last year and finally got another job a few months ago, but she hasn't been there long enough to qualify for any sort of extended leave, where they'll hold her job for her. So for her to just come for a visit, and then have to go back and try to find another job while we wait another 6 months for a K1, then have to quit THAT job, if she can even find another one, to come back here just sounds like a huge hassle. And maybe not even a financially viable one for her.

So we want to be able to marry and stay together at the point of the 3 month visit. We're just so tired of these sporadic visits. That is why I'm considering doing the K1 first. Having her visit, marrying, then sending her back for 6 months could potentially mean that she's out of work for 9 months or more. Jobs are as scarce in Sweden as they are here. So when she makes the decision to leave her job, we can't take it lightly, we need to act on it if we're going to get married. So that's why I'm using the K1 to "test" things out. I'm using the K1 just like a VWP, except that with a K1 I can marry her and keep her here. We're nervous that marrying on the VWP visit would bring up red flags if they found out she left her job behind. Even though nothing is set in stone as far as getting married when she comes here on the VWP.

It seems silly. If she just came over for another visit, like she has in the past, and I popped the question, it would all be perfectly legal, no? We could marry and adjust her status. But the fact that we've discussed the idea of getting married all of a sudden makes it illegal? Who hasn't discussed marriage after a 2 year relationship? And just because she's coming for 3 months doesn't mean that we will definitely get married, even though it's a definite possibility.

Sorry, I'm just frustrated with all of this. With all the illegals walking around this country, I hate that it's this hard to get my girl over here.

[Chibby 0]

I'm glad you took the time to respond and provided some more information. I understand that these visits back and forth are frustrating, been there myself, and after a time you're looking for a permanent solution for it. I agree with other people on this forum that you shouldn't do the VWP-AOS thing, it is illegal and although people get away with it, it's so unfair to all the loving couples that are going the legal "longer" way. Even if she wouldn't know, you have the intention to propose, which makes the whole thing illegal again.

Is there any way you could go to live with her for a while? That would maybe another alternative to look into. Or live together in another country? Just throwing some ideas out there.

In the end you have to decide whatever you think is best for both of you. I wish you luck with whatever you do (as long as you don't do anything illegal

Chibby

[Bobby+Umit 161]

No - you need to send in more than just the I-129F and check!

You really should not use the K-1 to "test" out to see if you want to get married. You are suppose to use it to get married.

If she can visit on the VWP - use that - they give you 90 days, just like the K-1. And it will not cost you much if she decides not to marry you....

I did read the General K1 guide, but hadn't seen that specific link. Thanks.

<snip>

So the 2 options, as I see it, are have her come on the VWP and if we decide after a few months to marry, just propose to her and file for an AOS(this was advice from an immigration attorney). People on this board have told me that this is illegal and I should go the K1 route. Now I'm here at the K1 forum and people are telling me that it's a dumb idea.

It's not illegal, as long as there are no other adverse factors, your AOS will probably be granted. It's up to you and your beneficiary to prove there are no adverse factors. For example, if she comes to the POE and they ask, "are you coming to get married?", and she says "No, just visiting", then later gets married, that is an adverse factor (misrepresentation).

The predicament we're in is that for her to come here for 3 months, she has to quit her job. She was laid off last year and finally got another job a few months ago, but she hasn't been there long enough to qualify for any sort of extended leave, where they'll hold her job for her. So for her to just come for a visit, and then have to go back and try to find another job while we wait another 6 months for a K1, then have to quit THAT job, if she can even find another one, to come back here just sounds like a huge hassle. And maybe not even a financially viable one for her.

Perhaps you should go stay with her? And - if she does come here on the VWP, and after 90 days discover she doesn't want to marry you, she is in the same situation as if she waited for 6 months for the K-1 - you just have to wait for the K-1 to get approved. (and she can still visit during that wait.

So we want to be able to marry and stay together at the point of the 3 month visit. We're just so tired of these sporadic visits. That is why I'm considering doing the K1 first. Having her visit, marrying, then sending her back for 6 months could potentially mean that she's out of work for 9 months or more. Jobs are as scarce in Sweden as they are here. So when she makes the decision to leave her job, we can't take it lightly, we need to act on it if we're going to get married. So that's why I'm using the K1 to "test" things out. I'm using the K1 just like a VWP, except that with a K1 I can marry her and keep her here. We're nervous that marrying on the VWP visit would bring up red flags if they found out she left her job behind. Even though nothing is set in stone as far as getting married when she comes here on the VWP.

That is one of the chances you have to take, using the VWP to AOS. It should not be taken lightly. You could always apply for the K-1 now, wait for it to go through (she will have more time in her job), have her come over on it, and then see if that is what you want to do. Then she is only gone for 90 days, if she decides to go back.

It seems silly. If she just came over for another visit, like she has in the past, and I popped the question, it would all be perfectly legal, no? We could marry and adjust her status. But the fact that we've discussed the idea of getting married all of a sudden makes it illegal? Who hasn't discussed marriage after a 2 year relationship? And just because she's coming for 3 months doesn't mean that we will definitely get married, even though it's a definite possibility.

Again, as long as their are no adverse factors, perfectly legal. Getting married is not illegal. If she lies about it at the POE, then that misrepresentation makes it adverse. As was pointed out to me by a few members here, and my own research, "preconcieved intent will not preclude AOS in the absence of serious adverse factors " - shocker I know, but there are legal precidents that allow this. (note - you had to enter the country legally, (inspected/questioned), and your visa cannot specifically forbid AOS. (these are examples of adverse factors)

(source: Preconceived intent)

Sorry, I'm just frustrated with all of this. With all the illegals walking around this country, I hate that it's this hard to get my girl over here.

It's not as hard as you are making it out to be. Illegal people cannot AOS, even if they marry an USC. Now, with that said, if USCIS denies your case, you would have to put up the legal fight, and your lawyer would cite these cases - so the choice, as always, is yours.

[missmissy 38]

No - you need to send in more than just the I-129F and check!

You really should not use the K-1 to "test" out to see if you want to get married. You are suppose to use it to get married.

If she can visit on the VWP - use that - they give you 90 days, just like the K-1. And it will not cost you much if she decides not to marry you....

I did read the General K1 guide, but hadn't seen that specific link. Thanks.

I've gone through this in another thread. We've known each other for 2 years and have visited each other regularly and love each other. We've been together for, maybe, 8 3 week "vacations", We think we want to get married, but honestly, we want to live together first. You can only learn so much about a person through short 3 week visits, e-mails and phone conversations. I would never marry someone here in the US without living with them first, and this situation is no different. So what we want to do is do a trial live-together scenario and if it works out, get married.

So the 2 options, as I see it, are have her come on the VWP and if we decide after a few months to marry, just propose to her and file for an AOS(this was advice from an immigration attorney). People on this board have told me that this is illegal and I should go the K1 route. Now I'm here at the K1 forum and people are telling me that it's a dumb idea.

The predicament we're in is that for her to come here for 3 months, she has to quit her job. She was laid off last year and finally got another job a few months ago, but she hasn't been there long enough to qualify for any sort of extended leave, where they'll hold her job for her. So for her to just come for a visit, and then have to go back and try to find another job while we wait another 6 months for a K1, then have to quit THAT job, if she can even find another one, to come back here just sounds like a huge hassle. And maybe not even a financially viable one for her.

So we want to be able to marry and stay together at the point of the 3 month visit. We're just so tired of these sporadic visits. That is why I'm considering doing the K1 first. Having her visit, marrying, then sending her back for 6 months could potentially mean that she's out of work for 9 months or more. Jobs are as scarce in Sweden as they are here. So when she makes the decision to leave her job, we can't take it lightly, we need to act on it if we're going to get married. So that's why I'm using the K1 to "test" things out. I'm using the K1 just like a VWP, except that with a K1 I can marry her and keep her here. We're nervous that marrying on the VWP visit would bring up red flags if they found out she left her job behind. Even though nothing is set in stone as far as getting married when she comes here on the VWP.

It seems silly. If she just came over for another visit, like she has in the past, and I popped the question, it would all be perfectly legal, no? We could marry and adjust her status. But the fact that we've discussed the idea of getting married all of a sudden makes it illegal? Who hasn't discussed marriage after a 2 year relationship? And just because she's coming for 3 months doesn't mean that we will definitely get married, even though it's a definite possibility.

Sorry, I'm just frustrated with all of this. With all the illegals walking around this country, I hate that it's this hard to get my girl over here.

In my opinion - you probably don't need to think about getting married right now. Being tired and frustrated by sporadic visits isn't really a good enough reason (again, in my opinion) for marriage. I get the feeling that you have way too many unanswered questions and doubts about that step anyway. I encourage you to try to continue on as you have been for a while longer or save enough money so that one of you can make the move to see how things will work out. In 2007 I was in a similar situation to you - we were also tired of the visits every few months, so I left my job and family here and we moved to Sweden for a year. I am glad we took the time to live together and get to know each other before we decided to marry. We we were financially able to make the move. If I were you, with the questions that you have, I would not spend the money or the time on a K1 right now. Save up and either travel together or make plans for one of you to take a few months off to visit the other WITHOUT the pressure or expense of a K1 hanging over your heads. Then, if you do make the decision to go forward it will truly be because you want to. I agree with Bobby - save the money and use the VWP.

[yehaww 0]

It's not illegal, as long as there are no other adverse factors, your AOS will probably be granted. It's up to you and your beneficiary to prove there are no adverse factors. For example, if she comes to the POE and they ask, "are you coming to get married?", and she says "No, just visiting", then later gets married, that is an adverse factor (misrepresentation).

They've never asked her anything remotely pertaining to that when she's come here in the past. They just ask where and how long then stamp her for 90 days. And I'm not sure how they could ever say she lied if she said "No". A lot can happen in 3 months.

Perhaps you should go stay with her? And - if she does come here on the VWP, and after 90 days discover she doesn't want to marry you, she is in the same situation as if she waited for 6 months for the K-1 - you just have to wait for the K-1 to get approved. (and she can still visit during that wait.

Well, I have a great job here and make 4 times what she makes. She has a pretty basic job and couldn't really support both of us for very long. Besides, we've decided that we want to live here and not in Sweden, so it doesn't make sense, financially, for me to be there. It would be MUCH harder for me to find similar work in Sweden, whereas her English is perfect and her skills apply to all sort of jobs here. Again, the reason for this visit is so that we can spend time in the situation we would be in if we get married. Me living in Sweden for a year, wouldn't necessarily prove anything because those circumstances are a lot different than they will be when she's living here. A big part of this is for her to decide if she wants to live in the US and the city I live in. We're pretty sure we're compatible, whether or not she likes living in the US, away from her friends and family, is a different story. It's a different culture.

That is one of the chances you have to take, using the VWP to AOS. It should not be taken lightly. You could always apply for the K-1 now, wait for it to go through (she will have more time in her job), have her come over on it, and then see if that is what you want to do. Then she is only gone for 90 days, if she decides to go back.

That is what we're considering. I'm not sure I'd get to see her between then and now though. She has minimal vacation time and my schedule can be tricky, but at least there wouldn't be any question marks looming.

[yehaww 0]

In my opinion - you probably don't need to think about getting married right now. Being tired and frustrated by sporadic visits isn't really a good enough reason (again, in my opinion) for marriage. I get the feeling that you have way too many unanswered questions and doubts about that step anyway. I encourage you to try to continue on as you have been for a while longer or save enough money so that one of you can make the move to see how things will work out. In 2007 I was in a similar situation to you - we were also tired of the visits every few months, so I left my job and family here and we moved to Sweden for a year. I am glad we took the time to live together and get to know each other before we decided to marry. We we were financially able to make the move. If I were you, with the questions that you have, I would not spend the money or the time on a K1 right now. Save up and either travel together or make plans for one of you to take a few months off to visit the other WITHOUT the pressure or expense of a K1 hanging over your heads. Then, if you do make the decision to go forward it will truly be because you want to. I agree with Bobby - save the money and use the VWP.

Going along like we've been doing, doesn't really do anything for us other than prolong whatever questions we have and neither of us wants to just keep trudging along. We want to be together. I'm not sure what saving money for one of us to "make the big move" does. As I said above, me going to Sweden doesn't really do much for answering any questions she might have about living in the US, plus it puts my career at risk, and my career is what will keep us going through the first few years as she adjusts and tries to find work. I'd love for her to just be able to move here for a year, but I'm not aware of how we can do that. Plus, she doesn't just want to sit around. She wants to work. As I've said, we want to live the lives we're living separately, but live them together. So the VWP gives us 3 months to do that as best we can, even though she won't be working. The thing that sucks is, if we don't marry then, on the VWP, then it's back to the K1 and the 6+ month wait and because of what Ive already outlined in a previous post concerning her job situation, I don't know if that's viable. I don't think we can do both the VWP and K1 back to back because she might find herself unable to work when back in Sweden.

We've traveled together many times and spent 3 or 4 weeks at a time together more than a few times, here and in Sweden, so we know each other pretty well. Much better than people who met online and only visited once or twice. But now's the time for us to live real life together for a while, not vacationing together, which is mainly what we've done. And that's not what life ultimately is most of the time. The expense of the K1 doesn't concern me too much, I'm more concerned with saving time and aggravation and just getting her here with me so we can move on and decide.

[Ana Paula 2]

My husband and I met online. It doesnt mean that we knew each other more or less than anyone else. It depends on the person and how much the other person really opens up to you. But everybody thinks different.

If it helps, my husband is from here and I am Brazilian. Throughout the process, right after we got our NOA2 he moved to Brazil. We got an apartment there, he was helping out at my mom's company, doing stuff together, learning how to live together.... In order to do that, he had to quit his job and school and I had to work with my mom and also teach in order to support both of us, plus rent, plus car, plus food and of course, the fun, trips, etc. So I can tell you that it was hard, but we didnt do it out of "fire". Both of us gave up things before we could be together. He have up his job and his school, his family, his country where he could speak with everybody and communicate first, in order to try it out with me. Went to a totally different place, from a small city to a giant city where he could not even speak with people and all the good stuff that comes with it. It was hard for him, and I just realized it when it was my turn to give up on my 18 million people city with my language, my people, my family, my good job and my car to depend completely on him until I could find a job and work and again, all the good stuf that comes with it. So both of us gave up on important things in order to be together. Now, if its gonna be worth to you, just you, her and God knows. But keep in mind that trying might be the best thing you will ever do in your life.

Good luck.

[yehaww 0]

My husband and I met online. It doesnt mean that we knew each other more or less than anyone else. It depends on the person and how much the other person really opens up to you. But everybody thinks different.

Thanks for your post.

Sorry, I didn't mean to imply that meeting online isn't a viable way to meet people. Whether it's at a bar or on a website, meeting someone is the same. I was just saying that we have more than an online relationship. I would never marry someone based on a long internet romance. I think it's important to live with someone for a while first. It's those "quirks" that come out that can really kill things. You won't find them in an e-mail. We've met, spent 3-4 weeks at a time with one another, traveled together, etc. No matter how much you think you know someone online, it never compares to the reality of spending time and actually living together. And that's what we're trying to do. We're just trying to work it out so that we don't blow a bunch of money in the process, if it can be avoided.