New here and the K1 process

[HollyandSim 7]

Hi everybody!

I'm Holly, a US citizen from Kentucky, and my fiancé is Simon. He's from the UK. We just got engaged on 2/22 and now we're figuring out the whole process for the K1 visa and getting together documentation for the I-129F. Neither of us know anybody that has gone through this, so I feel stressed. He's back in England now too, so we're trying to figure everything out seperately then discuss it after I get off work and before he goes to bed (darn 5 hour time difference) AND while I'm taking care of my 7 year old son.

Soooo I guess I'm trying to figure out if maybe there is a specific forum for my phase of the process and/or people that have been through it that can help?

I'm not sure if I need to get an attorney or not. Both of us are fairly intelligent people, so he thinks it's not necessary. I don't know if there are any good reasons to use one.

It just seems like it takes so long and I would like to speed it up in any way.

I heard that of he just came here and we got married (can you even do this?!?) that the USCIS can deny perms at residence due to malicious intent or something ( as in..he comes with a tourist visa knowing we'd be getting married). I don't want to do anything the wrong way and risk our future.

I also asked if he could come here while we're waiting and I called the USCIS customer service and they basically said no.

Also, some form related specific questions....

1) Do you really have to have every box completed? I read somewhere that you should enter 'N/A' in any box that doesn't apply.

2) On question 10 of my info (USC was granted through..), I have birth in US selected. Do I need to complete anything in the box below that?

3) Its 2/28 and the form expires tomorrow. Should I scrap this and wait for a new version? Has this happened to anyone before? Does a new version post straight away?

4) Do I need to send in any other forms with this? He doesn't have any kids ( so not bringing any lol). I'm not referring to the evidence, but actual forms from the USCIS.

5) When will he need to send anything anywhere? I've seem some things that said now and others that say nothing until he bring stuff with him to the interview.

Obviously any help would be appreciated!!!!

Thanks,

Holly. :-).

By the way - I'm happy I found this.

[raymaga 25]

Firstly, welcome to VJ!!! You will find a lot of useful information here as well as lots of very helpful people.

You definitely do not need a lawyer to get through the K-1 process. Most people here on VJ did it themselves, myself included. Read through the "Guides" and "Visa FAQ's" sections to get a lot of answers to any questions you might have.

Sometimes, even if a form has expired, you can still use older versions. Check the USCIS website, go to the forms section, then go to the I-129F, and it will tell you if any expired forms are still acceptable.

Good luck with the process and keep us posted as to your progress. It will feel like a very long process, but every day is one day closer to you being able to start your lives together.

[Grant PDX 183]

Good luck guys! There are tons of resources here, starting with this guide http://www.visajourney.com/content/k1guide. It shows how to fill out forms, what evidence is required, and basically is a walk through to get your I-129F filed. Very helpful.

You don't need a lawyer. This pretty simple, especially with the guide and help here on visajourney.

Don't plan to have him come here and get married on a tourist visa. If they determine that you had planned that or considered doing that, they can refuse adjustment of status to a permanent resident. It can be really bad news for you. You can always get married and then work on his visa, but that can take longer, but it is cheaper.

Personally I'm going the K-1 visa route (for the second time) and think it's not a bad option.

The old forms are just fine. They won't really expire, there is nothing new taking their place.

Follow the guides, they will show you how to complete all the forms including the specific questions you asked.

Welcome to the journey, there are hundreds of us on the path with you.

Edited February 29, 2012 by Grant n Karleen

[TBoneTX 45,273]

I'll add a qualification to Rayma's excellent answer. It's advisable to involve a lawyer if there are any "red flags" to your case: overstays in the U.S., criminal background of the beneficiary, aspects of the relationship that are outside the norms of the beneficiary's culture, et al. Typically, if your time, temperament, and comprehension skills are compatible with the process, you can do things yourself.

Read the forms carefully and thoroughly, interpret the questions literally, and answer completely and honestly.

Farther down the list of forums is the list of Regional subforums. There's one for the UK that's populated with experienced, helpful, knowledgeable people.

Welcome to VJ and good luck, si man!

[Harpa Timsah 13,258]

I want to add, your fiance can visit you while the visa is pending. The bar will be a bit higher at the entry, so it is advised he brings with him proof of his need to return to the UK just in case (a job, etc).

[HollyandSim 7]

Grant n Karleen - That link doesn't work for me. When I went to the Guides section, it shows me the instructions from the USCIS website. I have that. It says on there about entering 'N/A' or 'None' in any sections that won't apply. I entered it in everywhere that was blank and wanted to see if I was being excessive.

It also doesn't say anything specifically about what whether I would enter anything in the box in question 10. I know I send in a copy of my birth certificate, but I'm not sure if I enter anything in that box.

[Grant PDX 183]

Oh sorry about that link. Just go to the top of the page here, click guides and then on that page find the K-1 visa guides. That's where I was trying to send you. There are pages for the guide, a flowchart, and a FAQ. Lots of info in there.

Edited February 29, 2012 by Grant n Karleen

[Harpa Timsah 13,258]

The VJ guide is here: http://www.visajourney.com/content/k1guide

[Xanax 349]

Hi, welcome to VJ.

This site is wonderful and you will meet some wonderful people.

I would definately head over to your countries "portal" where you will find lots of information pertaining to people moving from the UK.

There are also so very active posters from the UK on these boards who always seem to be very helpful.

1) Do you really have to have every box completed? I read somewhere that you should enter 'N/A' in any box that doesn't apply.

Never leave anything blank. N/A or none if it does not apply to you.

2) On question 10 of my info (USC was granted through..), I have birth in US selected. Do I need to complete anything in the box below.

No. I do not believe so.

3) Its 2/28 and the form expires tomorrow. Should I scrap this and wait for a new version? Has this happened to anyone before? Does a new version post straight away?

Not too sure, I would start with a fresh one.

4) Do I need to send in any other forms with this? He doesn't have any kids ( so not bringing any lol). I'm not referring to the evidence. 5) When will he need to send anything anywhere? I've seem some things that said now and others that say nothing until he bring stuff with him to the interview.

Send all the forms for the I129f packet from the check list.

This is what you need, some of these things he needs to do

Assembling the I-129F Package: Checklist

1.Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted.

2.Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3.Form I-129F: Petition for Alien Fiance(e) (see example)

4.Declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question 18 of the I-129F. Make sure to sign and date it.

5.Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example)

6.Proof of having met in past two years. (click here for examples)

7.G-325A filled out by the US Citizen signed and dated (see example).

8.One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

9.G-325A filled out by the foreign fiance(e) signed and dated (see example).

10.One passport-type photo (see specification) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

11.Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.

12.Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

13.Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

14.In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.

[Nich-Nick 3,354]

I'm not sure if I need to get an attorney or not. Both of us are fairly intelligent people, so he thinks it's not necessary. I don't know if there are any good reasons to use one.

It just seems like it takes so long and I would like to speed it up in any way.

No you don't need a lawyer if you have time to study the process. A lawyer doesn't get to cut in line.

I heard that of he just came here and we got married (can you even do this?!?) that the USCIS can deny perms at residence due to malicious intent or something ( as in..he comes with a tourist visa knowing we'd be getting married). I don't want to do anything the wrong way and risk our future.

People are successful with that all the time. Intent is rarely even questioned at the interview. Generally they "suddenly" decide to get married after he is here and apply for a greencard. There is no appeal if something goes wrong and he is denied a greencard with that method.

I also asked if he could come here while we're waiting and I called the USCIS customer service and they basically said no.

He can visit but not "live" here. The more often he comes and the longer he visits, the more likely the immigration officers will eventually say "enough" and put him on the next plane to the UK. Short visits, well spaced work.

Also, some form related specific questions....

1) Do you really have to have every box completed? I read somewhere that you should enter 'N/A' in any box that doesn't apply.

NONE is also a good answer. Other names used? NONE. SSN and A#? NONE. It lets them know you read the question and have no aliases, SSN, wives, children, etc. Otherwise a blank might make them think you skipped a question.

2) On question 10 of my info (USC was granted through..), I have birth in US selected. Do I need to complete anything in the box below that?

A good place for N/A. The long blank is for a naturalized citizens. Since you already indicated you were born in the US, a naturalization certificate would not be applicable to you.

3) Its 2/28 and the form expires tomorrow. Should I scrap this and wait for a new version? Has this happened to anyone before? Does a new version post straight away?

Forms do not expire. They are revised if laws change or new information is deemed necessary.The revision date is at the bottom of the page. That OMB date at the top is for internal review by the Office of Management and Budget. They review it to make sure the form still serves the purpose and doesn't ask for unnecessary info. The 60 day notice for public comment on this particular form was posted October 28, 2011. If they decide all is well with the form, it will get it's next 2 year review date at the top but the form won't change. Short answer: Use the form.

Obviously any help would be appreciated!!!!

Good picture of the whole process http://www.visajourney.com/content/k1flow

Guides http://www.visajourney.com/content/k1guide

Tips http://www.visajourney.com/content/k1tips

Some graphs showing averages of processing http://www.visajourney.com/content/k1historical

You can get held up at any step of the way. Theses are averages of VJ people.

UK forum http://www.visajourney.com/forums/forum/99-united-kingdom/

You can click on timelines of people still not there yet (with the visa) and get a sense of how long they've been at it.

Good thread in UK forum for London specific process. Get your petition filed first, then start learning about the London part while you wait on approval of the I-129F http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/

Sample forms filled out http://www.visajourney.com/content/examples

Read, read, read and don't make any plans for a wedding until you have a visa.

Edited February 29, 2012 by Nich-Nick

[Ban Hammer 13,334]

People are successful with that all the time. Intent is rarely even questioned at the interview. Generally they "suddenly" decide to get married after he is here and apply for a greencard. There is no appeal if something goes wrong and he is denied a greencard with that method.

this in bold should be a viewed as a caution not to do things this way.

[Nich-Nick 3,354]

this in bold should be a viewed as a caution not to do things this way.

I meant that as a caution Charles. It happens but I wasn't actually advocating it. Many risks involved.

[Ban Hammer 13,334]

I meant that as a caution Charles. It happens but I wasn't actually advocating it. Many risks involved.

i know you did. just someone didn't read it that way, so i thought i'd clarify it.

[Mad_Scottish 0]

I completed the k1 visa process at the end of january. Try and not stress over it. As long as neither of you have anything beyond the norm, ie criminal records etc or anything else that will flag up on the system dont worry about it. You definitely do not need a lawyer. Use the guides for the K1 visa process that they have on this site.

File what you need to for the k1 visa petition with the USCIS, this will take around 3-4 months. Then get your fiance to prepare for the interview in london, which is really straight forward.

I cannot reiterate enough though, try and not stress out. It isnt a hard process as long as you are both legit and he doesnt have any issues that will cause problems with the US Immigration and customs.

There are embassy reviews for london on this site as well.