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Thomas J

When to file

By Thomas J in K-1 Fiance(e) Visa Process & Procedures

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Thomas J Rookie

Thomas J   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

Hello,

My Fiance and me just got engaged and she left back to Australia. I am about 90% done with all the K-1 visa packet for her and could finish and send it off this week easily. Here is the thing, we are marrying this time next year (already have the church reserved). I know once the process is done and she gets the visa she has 6 months to enter the US. If the whole process goes real quick (I've heard of the California service center finishing in 11 weeks and sending it off), we could have the issue of her visa expiring before the wedding, which is when she is coming to the states.

Any advice or any information I could use? Like is there a point we could hold up the process if it moves to fast? Like the interview at the consulate? Or should I just file soon and hope for the best?

Thanks for the help.

amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

Well she has 6 months to use it and then 3 months to get married. So that's 9 months already right there.

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It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

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ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

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Thomas J Rookie

Thomas J   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
  • Author
Posted

Well she has 6 months to use it and then 3 months to get married. So that's 9 months already right there.

Oh, sorry. To clarify we are doing a religious ceremony in Australia before she comes to the states. I'm worried the six months will end before the religious ceremony. We are doing the legal one in he states after that.

missicy Community Regular

missicy   87

Posted
Filed: Citizen (apr) Country: Slovenia
 Timeline
Posted

It currently takes at least 5-6 months for I-129F to be approved, then at least a couple more months at the consulate (depends on the country). According to this it takes about 2 months on average from NVC to actual interview in Australia so you are looking at about 8-9 months right now. If I was you I would just send it off. It is very unlikely that you will get the visa "too fast". Remember, she has 6 months to enter the US and 90 days to get married so together almost 9 months.

My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

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KiwiBird Community Regular

KiwiBird   132

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted (edited)

If you marry in Australia before she comes to the States, then she is no longer your fiance and you cannot use a K1 visa. If you file for a K1, wait that long, then marry before she is in the States, then you will have to. Start all over again with a spouse visa. She will not be granted entry if she is already married to you and attempting to use a fiance visa to enter.

Oops, just saw the legal thing in the US. Disregard my last post.

Derp... thanks VJ for combining my post.. and making me look retarded. :P

Edited by KiwiBird
Spoiler

 

07/20/2011-------I-485 and I-765 Sent
07/26/2011-------NOA1 received via email
08/05/2011-------RFE Notification via email and text
08/11/2011-------RFE Hardcopy in mail
08/12/2011-------RFE Sent back
08/15/2011-------RFE Received at USCIS
08/24/2011-------Biometrics Appointment
09/06/2011-------Notice of Interview! (via text)
09/15/2011-------EAD Approved Notification via text
10/06/2011-------Adjustment of Status Interview - APPROVED!!!

11/08/2011-------Green Card Received!!

07/09/2013-------Lifting Conditions Filed

07/12/2013-------NOA received

10/01/2013-------Approval Date

10/15/2013-------Ten Year Green Card Received! Finally!

 

 

Habakkuk2vs3 Explorer

Habakkuk2vs3   3

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

I think the OP's concern is that if she leaves Australia because of the 6 months limit, they wont be able to do the religious wedding in Australia.

What I would suggest is to go ahead with the process now. What should matter the most is being together. If you are "LUCKY" enough to get through this painfully straining process early (which is a problem i wouldnt mind having) you can apply for AP and then hope your luck continues and then go and have the wedding. Hope that helps a little bit and goodluck.

03/17/2011----->I-129F mailed to Lewisville TX

03/21/2011----->Package delivered, signed by CATES

03/25/2011----->NOA1 received via text &email @ 1:15am

(Case transfered to Vermont)

03/29/2011----->NOA1 hardcopy received dated 3/23/11

03/29/2011----->TOUCHED

07/05/2011-----> NOA2 received via text & email

07/07/2011-----> NOA2 hardcopy receive dated 7/05/11

07/18/2011----->Package left NVC for Nigeria

07/25/2011-----> NVC hardcopy case number received dated 07/08/11

10/14/2011-----> Interview date-------APPROVED!!!!!! :)

10/21/2011----->VISA IN HAND ....Doxology :)

01/14/2012----->Arrival via Chicago

01/28/2012----->Married

03/28/2012----->AOE/EAD/AP filed

04/04/2012----->NOA1 received

04/27/2012----->Biometrics appointment

KiwiBird Community Regular

KiwiBird   132

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted

Ok.. after misreading your post, then having trouble editing mine.. lets try this again.

My timeline is a great example of the Sydney Consulate at the time. So when is your ceremony in Australia?

If you file now... you have a 5-6 month wait for the I-129F. Then another month for NVC processing. Then 2ish months for the Consulate. She has 6 months to get here from then. If you mail it now, you will have a window of six months to do the ceremony in about 8-9 months from now. So between December 2011 to June next year.

Spoiler

 

07/20/2011-------I-485 and I-765 Sent
07/26/2011-------NOA1 received via email
08/05/2011-------RFE Notification via email and text
08/11/2011-------RFE Hardcopy in mail
08/12/2011-------RFE Sent back
08/15/2011-------RFE Received at USCIS
08/24/2011-------Biometrics Appointment
09/06/2011-------Notice of Interview! (via text)
09/15/2011-------EAD Approved Notification via text
10/06/2011-------Adjustment of Status Interview - APPROVED!!!

11/08/2011-------Green Card Received!!

07/09/2013-------Lifting Conditions Filed

07/12/2013-------NOA received

10/01/2013-------Approval Date

10/15/2013-------Ten Year Green Card Received! Finally!

 

 

Thomas J Rookie

Thomas J   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
  • Author
Posted

Ok.. after misreading your post, then having trouble editing mine.. lets try this again.

My timeline is a great example of the Sydney Consulate at the time. So when is your ceremony in Australia?

If you file now... you have a 5-6 month wait for the I-129F. Then another month for NVC processing. Then 2ish months for the Consulate. She has 6 months to get here from then. If you mail it now, you will have a window of six months to do the ceremony in about 8-9 months from now. So between December 2011 to June next year.

The ceremony is for the 24th of march 2012. So between december 2011 t June 2012 would be the perfect time table. I'll be sending it out soon as possible. Thanks for the help.

KiwiBird Community Regular

KiwiBird   132

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted

Also, come join us in the Regional Section of the forums. All the Aussies are awesome (and their fiances too!) :)

Spoiler

 

07/20/2011-------I-485 and I-765 Sent
07/26/2011-------NOA1 received via email
08/05/2011-------RFE Notification via email and text
08/11/2011-------RFE Hardcopy in mail
08/12/2011-------RFE Sent back
08/15/2011-------RFE Received at USCIS
08/24/2011-------Biometrics Appointment
09/06/2011-------Notice of Interview! (via text)
09/15/2011-------EAD Approved Notification via text
10/06/2011-------Adjustment of Status Interview - APPROVED!!!

11/08/2011-------Green Card Received!!

07/09/2013-------Lifting Conditions Filed

07/12/2013-------NOA received

10/01/2013-------Approval Date

10/15/2013-------Ten Year Green Card Received! Finally!

 

 

 
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