Confused with the K1

[Rixxyccfc 0]

Hi all

I was hoping could pick your brains and get a little help

So my situation is this. I am hoping to marry my U.S fiancee later this year we have just stumbled across all the procedures we need to go through to marry in the states and reside in Maryland state.

We both currently live in Chester, England ( my hometown i am an English resident), my Fiancee is on a visitors VISA and we plan to fly to the states in late Augest.

my questions are

Does my U.S fiancee have to file the USCIS form I-129F in the States?

How much is the whole thing likely to cost? we have a somewhat small budget

Do i have to go for an immigration interview before i can claim the K1-VISA and if so is it in London?

How long is this process likely to take? i was hoping to work in America under the K1-VISA and i have already arranged work to begin on the 24th of Augest. But the way i understand it at the moment is i will be unable to fly out on a K1-VISA because my Fiancee is currently in England with me and would therefore be unable to file the forms in the states. I understand i am not aloud to travel to the states under a waiver VISA and then apply to be married so I'm not quite sure what options we have at the moment considering its important for work reasons i am in the states in Augest (we have a one year old son to support). If we marry in England i understand we can not live together in the U.S because of green card processing times?

If i am unable to complete the VISA in time are we able to travel out together in Augest, stay for 3 months and apply for the VISA the day we arrive? will i still have to go home!!?? i get the feeling this is gonna burn a big hole in my already depleted wallet!! but i know in the end it will all be worth it!

Any help would be very much appreciated!

[vartan 0]

Does my U.S fiancee have to file the USCIS form I-129F in the States?

No you can also get married in England and do the DCF process in England

How much is the whole thing likely to cost?

More then you expect .. add a lawyer $1500 add visa/paperwork/petition/etc $$$ (Mine will cost around 2000-2500

Do i have to go for an immigration interview before i can claim the K1-VISA and if so is it in London?

Yes in London

How long is this process likely to take?

A long time.. its up in the air right now.. some are waiting almost a year

[dwar49 0]

You need to read all the FAQ sheets and guides. that will answer alot of your questions.

Yes he will have to file at the appropriate service center

Filing fee for 129 is 170.00, plus additional fees for your visa forms at the interview. You can go to the below link and receive alot of info on the US embassy in london where you will have your interview after the I-129F petition is approved.

US London Embassy

You will have to be interviewed in London but that is a few months down the road

You can not work in the US under the VWP program

You can visit the US under the VWP but expect alot of questions and possible denial of entry if attempting to stay for 90 days unless you have strong ties to the UK.

your K-1 visa will not be done in 90 days even filing thru vermont. plan on minimum of 6 months possibly longer

[john_and_marlene 162]

No you can also get married in England and do the DCF process in England

They can't do DCF in England if she's on a visit visa

[dwar49 0]

Not sure about what VARTAN said about filing in England there are restrictions on what you can file while on visitors visa. Did he use the VWP to enter UK, if so I dont think he can file in London. Even after being married.

[vartan 0]

They can't do DCF in England if she's on a visit visa

Cool thanks.. didnt know that. I assumed you could.. My Fiance is from Taiwan and hell I think you you snuck in their country they would let you .. they are just nice like that . ...

[Joey559 1]

Hi all

I was hoping could pick your brains and get a little help

So my situation is this. I am hoping to marry my U.S fiancee later this year we have just stumbled across all the procedures we need to go through to marry in the states and reside in Maryland state.

We both currently live in Chester, England ( my hometown i am an English resident), my Fiancee is on a visitors VISA and we plan to fly to the states in late Augest.

my questions are

Does my U.S fiancee have to file the USCIS form I-129F in the States?

How much is the whole thing likely to cost? we have a somewhat small budget

Do i have to go for an immigration interview before i can claim the K1-VISA and if so is it in London?

How long is this process likely to take? i was hoping to work in America under the K1-VISA and i have already arranged work to begin on the 24th of Augest. But the way i understand it at the moment is i will be unable to fly out on a K1-VISA because my Fiancee is currently in England with me and would therefore be unable to file the forms in the states. I understand i am not aloud to travel to the states under a waiver VISA and then apply to be married so I'm not quite sure what options we have at the moment considering its important for work reasons i am in the states in Augest (we have a one year old son to support). If we marry in England i understand we can not live together in the U.S because of green card processing times?

If i am unable to complete the VISA in time are we able to travel out together in Augest, stay for 3 months and apply for the VISA the day we arrive? will i still have to go home!!?? i get the feeling this is gonna burn a big hole in my already depleted wallet!! but i know in the end it will all be worth it!

Any help would be very much appreciated!

1. As long as he has an address in the US to file from he can file the 129F now. But the paperwork will all go there and you'll need the payment fee ($170) to be sent via a US money order or official bank check.

2. Cost just depends on any hurdles you encounter. And there's the airfare/interview travel fare as well but for the just basic K1 process. $170 filing fee, GBP 160 medical plus any fees for immunizations you'll need (my fiance's medical ending costing about GBP220). Then it's I believe GBP10 to have the visa couriered to you. Once you get to the US new charges start with filing Adjustment of Status, etc. But that's what you're looking at to begin with. It's not cheap to be frank.

3. Yes, you will need to go to a medical AND an interview in London. The medical must be done by the embassy specified doctor and the interview will be at the US Embassy there.

4. With the new IMBRA laws the timelines are all a bit off. My fiance is British, however, we didn't fall under IMBRA and the process is looking at about six months for us. With imbra i'm not sure. I do know you WILL NOT be here by August. And if you were, you wouldn't be able to work. Once you come in a K1 visa you have to wait to get a social security and you have to apply for a work permit. It takes I believe between 4-6months before you'll be able to work.

5. You can come and TRY to enter the country as a visitor but you CANNOT WORK.

Hope that helps and anyone can answer any holes or miscommunications I gave.

Good luck, Joey

[gwenneh 7]

Does my U.S fiancee have to file the USCIS form I-129F in the States?

Yes. You cannot file directly at the consulate unless the USC is a resident of the UK.

How much is the whole thing likely to cost? we have a somewhat small budget

Several hundred dollars if it's simple. They nickel and dime you to death, be warned.

Do i have to go for an immigration interview before i can claim the K1-VISA and if so is it in London?

Yes, you will have an interview at the US consulate in London.

How long is this process likely to take? i was hoping to work in America under the K1-VISA and i have already arranged work to begin on the 24th of Augest.

The process used to take four to six months if the case was straightforward and there were absolutely no problems. At the moment, because of new policies, it is taking slightly longer for even the best cases.

ut the way i understand it at the moment is i will be unable to fly out on a K1-VISA because my Fiancee is currently in England with me and would therefore be unable to file the forms in the states. I understand i am not aloud to travel to the states under a waiver VISA and then apply to be married so I'm not quite sure what options we have at the moment considering its important for work reasons i am in the states in Augest (we have a one year old son to support). If we marry in England i understand we can not live together in the U.S because of green card processing times?

You are correct. You cannot fly to the states on visa waiver with intent to settle-that is illegal. Even if you had your K-1, you wouldn't be able to work until adjustment of status is complete, another four to six months (again, provided everything is good). If you marry in England (which is difficult to do without a fiance visa for the UK, you will have to file for permission to do that and get a Certificate of Approval, and even then your options are severely limited) then you can file for a K-3 visa (which is not faster than the K-1) or you could always wait it out in the UK, have her get a spousal visa to live with you there for a bit, and then eventually file directly at the consulate-this will take a LOT of extra time (more than a year, at the least) but you will have no gaps in being able to be employed.

The truth of the situation is that you will not be able to be working in the US next month. You should begin making alternate plans.

If i am unable to complete the VISA in time are we able to travel out together in Augest, stay for 3 months and apply for the VISA the day we arrive? will i still have to go home!!?? i get the feeling this is gonna burn a big hole in my already depleted wallet!! but i know in the end it will all be worth it!

You can come here in August, but as per the VWP you will be restricted to a 90 day stay and not be able to work. Yes, you will have to go home. There is no visa which you can apply for and receive in the US, unfortunately. The process is long and complicated, and takes a lot of planning and foresight. Sorry.

Edited July 13, 2006 by Gwen666

[mozplay 29]

Hi all

I was hoping could pick your brains and get a little help

So my situation is this. I am hoping to marry my U.S fiancee later this year we have just stumbled across all the procedures we need to go through to marry in the states and reside in Maryland state.

Any help would be very much appreciated!

Just wanted to wish you good luck. My fiance and I were just as confused about the whole process when we started too. We honestly thought that it would take 30 - 60 days tops, then you would be presented with some sort of a temp. work visa right away and poof! magic! I'd be able to be with David (USC also in MD) as the long-distance is very hurtful now and hopefully help him through school as well. Boy were we mistaken! lol. We have decided at this point that I will simply visit him here throughout the process and hope for the best.

Nevermind ... the people here will give you lots of amazing advice. Just take the time to listen to them and do your research THOROUGHLY before you file. Better to be well informed now and know what to expect than to be taken by surprise later on.

All the best!

Mo

[john_and_marlene 162]

I agree that you need to alter your plans. Your current plans are not realistic.

In addition to what others have already said here, you need to consider support requirements.

First, you will have to convince the consulate that you will not become a public charge once in the U.S. This is usually satisfied by the income of the USC ... in this case it looks as though she doesn't have income. You may need to start looking for cosponsors that are willing to provide financial support. After you are in the U.S. and are applying for permanent residence, you are again required to prove support using the I-864. There are income minimums that must be met at that time.

I suggest you replan your journey after reading the guides here and getting a much better understanding of the process and requirements.

[Rixxyccfc 0]

Wow thanks for the advice guys, i really do appreciate all of your responces.

I guess my plans have to change now, my main concern is not being able to be with my son. My finacee has to go back to the U.S on the 24th of Augest with my son (he has U.S citizenship). I understand i can leave on a 3 month visitors VISA but to do that i would have to quit my job and i think that having no ties back in the U.K would arouse much suspicion at customs, espcially when i have my son in the states already. I think it would be to big a risk emmotionally and financially to be turned back at the gates plus id have to leave after 3 months anyway.

Does anybody know if there is a special circumstance such as my own where i can be aloud into the U.S becuase of my son? or am i going to face facts that legally i will no longer be able to be with my son or fiancee for a considerable ammount of time?

Thanks again for all your support guys i hope one day with your help i may be in return able to help someone in the same situation as myself

[john_and_marlene 162]

or am i going to face facts that legally i will no longer be able to be with my son or fiancee for a considerable ammount of time?

As unfortunate as it is, you have this correct.

[gwenneh 7]

Does anybody know if there is a special circumstance such as my own where i can be aloud into the U.S becuase of my son? or am i going to face facts that legally i will no longer be able to be with my son or fiancee for a considerable ammount of time?

Unfortunately, there is no way to expedite your process just because your son is a USC. I wish it wasn't so, but it is. Plenty of trans-atlantic couples are in the same situation; the USCIS doesn't consider children a pressing emergency to expedite cases. Your best bet is to get yourself through this process as fast as possible so you can be re-united. We can help and give advice on that!

[Joey559 1]

Wow thanks for the advice guys, i really do appreciate all of your responces.

I guess my plans have to change now, my main concern is not being able to be with my son. My finacee has to go back to the U.S on the 24th of Augest with my son (he has U.S citizenship). I understand i can leave on a 3 month visitors VISA but to do that i would have to quit my job and i think that having no ties back in the U.K would arouse much suspicion at customs, espcially when i have my son in the states already. I think it would be to big a risk emmotionally and financially to be turned back at the gates plus id have to leave after 3 months anyway.

Does anybody know if there is a special circumstance such as my own where i can be aloud into the U.S becuase of my son? or am i going to face facts that legally i will no longer be able to be with my son or fiancee for a considerable ammount of time?

Thanks again for all your support guys i hope one day with your help i may be in return able to help someone in the same situation as myself

Unfortunatley - no. There are no special circumstances. Have you looked in to living in the UK for a bit then filing for a DCF? Basically if you were to come here and marry then apply to bring your spouse to the UK it would be a much shorter process. THEN down the line you could both look into making the move back to the US. The K3 and DCF still take time to process, and you still wouldn't be allowed to work when you first arrive here, but they are a possibility for the future.

The best i can say is now if you want to keep things the way they are, keep your job, return with your fiancee and son for a brief visit and file that K1 RIGHT AWAY. While thats' being processed your fiancee will need to work on either finding a co-sponsor or she needs to begin working so she can support your family. Once you were brought over from the US you could then marry and you would get your work permit later on in the process.

Or could she marry him in the UK and return home and file a K3 - not sure there...

[gwenneh 7]

Or could she marry him in the UK and return home and file a K3 - not sure there...

Not as easy, as in the UK you need a fiance visa to get married. Period. There is no marrying on the VWP; the best they could do is to apply for a Certificate of Approval to waive those conditions.

Personally, I do think the best option is to see if you can get a Certificate of Approval and marry in the UK. When she returns home in August, have her apply for a spousal visa at the local consulate (if he has a reasonable job and can support her, it takes about a week to get the visa if you don't actually go in person, in which case she would get it that day). Then they could wait out the time in the UK until they could DCF; that way, he can work, she can work (spousal vias in the UK conveys that right), and they can file directly. That way the family is split up less.

Edited July 13, 2006 by Gwen666