Questions on K-1 visa

[Jinny49 0]

Hi all,

Just about to start the K-1 process, and I wondered if anyone out there can help with the following questions, which I haven't been able to find answers to on the forums:

1. Will they ask for proof of residence/prior employment for my fiance? He has been in continuous employment for the past five years, but he doesn't have any of the paperwork left for some of his prior jobs and apartments.

2. Does it matter that he has had five different addresses in the last five years? I'm guessing the answer to this is no, but on paper it makes him look like a bit of a nomad (he's moved at the end of his yearly lease each year) so I thought it would be a question worth asking!

3. Will they contact my fiance's work? He doesn't want to jeopardize his job until he's ready to leave it (once the visa has been approved).

4. We both live in the UK - I am a dual UK/US citizen and have lived there since birth. My fiance is Latvian and has been living in the UK for 7+ years. We've been together for 3+ years and obviously have plenty of evidence to this effect. I have photos of us that I can send, and I thought I would also send bills to our shared address (unfortunately we don't have any joint ones with both our names on, but we have separate bills from the same timeframe with our names on to the same address). Is it necessary to send more than that? It seems like overkill to send email correspondence, travel documents etc. since we haven't been travelling to see one another (but rather have been on vacation together), as with most of the fiance cases. What do people think about this? Is it just a case of the more evidence we can send, the better? Also, would a written, signed document from my parents confirming our relationship count?

5. I do not have any US income/tax returns to show because I have always lived in the UK (US citizens who were born and have always resided abroad do not have to file tax returns unless they are earning US income). I do have US bank accounts, and have savings of $20k in the US. Will this be sufficient proof that I can support my fiance?

6. (Last one, I promise!) We originally wanted to get a lawyer to help us through the process, but having read a few posts on that on the forum, and received outlandish quotes from a few lawyers, we're starting to re-think that. I wondered what other people's experiences with lawyers are in this regard? Is it worth the money for the peace of mind, or is it easy enough to go it alone? Apart from the fact that we both live in the UK and I am a dual citizen, I believe our case is straightforward (no criminal infractions or anything like that).

Before people ask, the reason we have decided to go the K-1 route rather than get married in the UK is because we understand the K-1 process to be the quickest way to get him approved to be in the US, and because we want to get married in front of my family, who are all in the US.

Thanks so much for your help guys - I know that was a lengthy one but I really appreciate your advice!

Jinny

[P A U L 14]

take what i say with a grain of salt.

1. the lawyer i spoke to said that no official will background check my fiancee's employment. i consulted a lawyer because my fiancee had been living in korea on an expired visa for 5 years, and has been paid under the table, by an illegal institution (gambling house). essentially, she has zero paper trail in korea. lawyer said, just be truthful about everything, uscis will overlook it. they will not background check. they do not care about what went on overseas. they care for 2 things...bona fide relationship, and that the fiancee will not be a nuisance to the U.S. government upon entry and eventual life in america. i would focus on establishing credibility upon those 2 things.

2. on my form, i didn't even write out the addresses of where my fiancee lived for 5 years. just the names of provinces and cities. i also attached a note that said we do not remember the addresses to every apartment she's lived in as she has not rented any of it under her own name and has been living as a roommate with friends.

3. they will not contact employers. this is the government, they can verify everything on their own, they just want to see if you're truthful or not.

4. for the initial petition, you don't need overkill, just a sufficient amount to show that there's at least a relationship. during the interview is when you would want an overkill of evidence to prove the relationship is legitimate.

5. - i dont know. 20k in savings sounds plenty sufficient to me. i think approximately 20k income is the minimum needed for a 2 person family/home, but seeing as you have an entire year's recommended salary in savings...should not be a problem. anyway, i don't know for sure about this.

6. lawyers are useless. only go with one if you have uncertainties about your case or yours is unique in someway that would require a lawyer's assistance. if you can fill out the forms and prepare everything on your own, then DIY.

[cazzers 83]

I'll try to answer, cause we are almost in the same situation as you(my fiancé has dual citizenship and he has been living in Europe for the last 10 years), but if I am wrong someone please correct me.

1. No

2. No

3. I'm pretty sure they won't do that

4. Send any proof that shows that you two met each other in the last two years(photos, traveling papers from your vacation etc). You might wanna also attach a paper explaining your situation

5. that's for the interview stage. Probably you'll need a co-sponsor, cause I don't think your savings will do

6. I wouldn't go to a lawyer. Seems a pretty easy case.

Good luck!

[Nich-Nick 3,354]

Before people ask, the reason we have decided to go the K-1 route rather than get married in the UK is because we understand the K-1 process to be the quickest way to get him approved to be in the US, and because we want to get married in front of my family, who are all in the US.

Thanks so much for your help guys - I know that was a lengthy one but I really appreciate your advice!

Jinny

Sorry I've got to comment on this one before answering questions. You can go to the US on holiday and marry in front of your family and return to the UK and do Direct Consular Filing (DCF) at the USCIS office in London. It's the fastest way of all . A spouse visa is a much smarter choice in your situation. It's fees are cheaper and its a better visa. LauraDP just got the petition approved using DCF London in 16 days. Timeline http://www.visajourney.com/timeline/profile.php?id=138150

That certainly beats the current timeline of 116 days at California Service Center or 186 days at Vermont Service Center to get the first step completed (petition approval).

Here's the process http://london.usembassy.gov/dhs/uscis/i130filing.html

Edited November 19, 2012 by Nich-Nick

[Jinny49 0]

Hi everyone,

Thanks so much for the speedy answers so far - they're definitely useful.

Keep them coming!

Nick, we've heard mixed reports on the spousal route, but I've certainly taken on board what you've said as well, and will look into it again.

Thanks again!

[Nich-Nick 3,354]

Hi everyone,

Thanks so much for the speedy answers so far - they're definitely useful.

Keep them coming!

Nick, we've heard mixed reports on the spousal route, but I've certainly taken on board what you've said as well, and will look into it again.

Thanks again!

Well air your concerns and see if what "you heard" is valid. There's a lot of screwy advice out there including some you've gotten in this thread. Also a post in the UK forum might be a good start because going through London is a different situation than many other countries when you start asking about the fiancé Affidavit of Support or relationship evidence for fiance's presented at the interview in London. Very different. So weigh in on British folks who have already been through the process as part of your research.

[Jinny49 0]

Well air your concerns and see if what "you heard" is valid. There's a lot of screwy advice out there including some you've gotten in this thread. Also a post in the UK forum might be a good start because going through London is a different situation than many other countries when you start asking about the fiancé Affidavit of Support or relationship evidence for fiance's presented at the interview in London. Very different. So weigh in on British folks who have already been through the process as part of your research.

Good idea - will do. Can I ask what advice you feel is 'screwy' from the above posts? You seem to be quite well-versed in the area - do you have any advice on the other questions I asked (since most will apply for either route)?

We've been told that the spousal route will take longer before he can actually come to the US initially, and it's important (for family reasons) that we get out there as soon as possible, so that's one of the main issues with the spousal route.

Thanks.

[Nich-Nick 3,354]

Good idea - will do. Can I ask what advice you feel is 'screwy' from the above posts? You seem to be quite well-versed in the area - do you have any advice on the other questions I asked (since most will apply for either route)?

We've been told that the spousal route will take longer before he can actually come to the US initially, and it's important (for family reasons) that we get out there as soon as possible, so that's one of the main issues with the spousal route.

Thanks.

It's a lot of questions and I'm going out very shortly.

About the time...I guess you didn't follow what I was explaining about how long it takes to get a petition approved.

Let's say Vermont Service Center since I don't know who will process your case. Possible days K1

Petition approval- 186 days

Getting through NVC to Embassy- 15 days

Visa application In London to approval- 75 days

Total to be free to enter US- 276 days or 9.2 months

Spouse visa by filing DCF in London

Petition approval- 16 days

Getting through NVC to Embassy- 0 days (you skip that step with DCF)

Visa application in London to approval- 75 days

Total to be free to enter US- 91 days or 3 months (Let's even say 4 months for extra measure)

Timelines vary by how prepared you are and how well you read instructions, and sometimes just luck. If using a lawyer, expect longer. But the above is a current comparison with DCF because you qualify by living in the UK, but only for a spouse visa so you would have to marry first either in the US or UK.

Here's a FAQ from London website--

We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry

.

Your fiancé can use Visa Waiver and go to the US , so no B-2 visa needed to hop a plane and go get married, then return to the UK to start the process.

It's just something to consider since you are eligible for a fast track by living in the UK.

There's a lot of London specific K1 questions answered in this informational thread. It discusses what happens after your initial 6-7 month wait for the Fiancé petition to be approved and the case to get to London where he applies for his K1 visa. http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/

[KayDeeCee 4,893]

Good idea - will do. Can I ask what advice you feel is 'screwy' from the above posts? You seem to be quite well-versed in the area - do you have any advice on the other questions I asked (since most will apply for either route)?

We've been told that the spousal route will take longer before he can actually come to the US initially, and it's important (for family reasons) that we get out there as soon as possible, so that's one of the main issues with the spousal route.

Thanks.

Perhaps the stuff about putting unknown for where you lived the last 5 years. Just fill in where you lived for the last 5 years. It does not matter if it was 5 different addresses. Just put the truth.

Also, the part about $20k in savings sounding like enough. When using assets, the petitioner needs at least 3 times the amount they would need in income. So, if you were doing assets only, you would need a bare minimum of $56,736 in assets. London has their own way of dealing with the financial support stuff though. Nich-Nick knows all about how it works at the London consulate. I also agree that the DCF route sounds best for your situation. It is cheaper and faster and your spouse would enter the US and have permanent resident status right away. You will probably need to find a joint sponsor though.

[Gary and Alla 3,694]

Hi all,

Just about to start the K-1 process, and I wondered if anyone out there can help with the following questions, which I haven't been able to find answers to on the forums:

1. Will they ask for proof of residence/prior employment for my fiance? He has been in continuous employment for the past five years, but he doesn't have any of the paperwork left for some of his prior jobs and apartments.

2. Does it matter that he has had five different addresses in the last five years? I'm guessing the answer to this is no, but on paper it makes him look like a bit of a nomad (he's moved at the end of his yearly lease each year) so I thought it would be a question worth asking!

3. Will they contact my fiance's work? He doesn't want to jeopardize his job until he's ready to leave it (once the visa has been approved).

4. We both live in the UK - I am a dual UK/US citizen and have lived there since birth. My fiance is Latvian and has been living in the UK for 7+ years. We've been together for 3+ years and obviously have plenty of evidence to this effect. I have photos of us that I can send, and I thought I would also send bills to our shared address (unfortunately we don't have any joint ones with both our names on, but we have separate bills from the same timeframe with our names on to the same address). Is it necessary to send more than that? It seems like overkill to send email correspondence, travel documents etc. since we haven't been travelling to see one another (but rather have been on vacation together), as with most of the fiance cases. What do people think about this? Is it just a case of the more evidence we can send, the better? Also, would a written, signed document from my parents confirming our relationship count?

5. I do not have any US income/tax returns to show because I have always lived in the UK (US citizens who were born and have always resided abroad do not have to file tax returns unless they are earning US income). I do have US bank accounts, and have savings of $20k in the US. Will this be sufficient proof that I can support my fiance?

6. (Last one, I promise!) We originally wanted to get a lawyer to help us through the process, but having read a few posts on that on the forum, and received outlandish quotes from a few lawyers, we're starting to re-think that. I wondered what other people's experiences with lawyers are in this regard? Is it worth the money for the peace of mind, or is it easy enough to go it alone? Apart from the fact that we both live in the UK and I am a dual citizen, I believe our case is straightforward (no criminal infractions or anything like that).

Before people ask, the reason we have decided to go the K-1 route rather than get married in the UK is because we understand the K-1 process to be the quickest way to get him approved to be in the US, and because we want to get married in front of my family, who are all in the US.

Thanks so much for your help guys - I know that was a lengthy one but I really appreciate your advice!

Jinny

1. No

2. No

3. Very unlikely

4. No. For the peition you need only prove youi have met in person one time in the last two years.

5. Explain this when it comes time for the visa interview. You WILL have to show how you are going to support your fiance IN THE UNITED STATES. Do you have a job here? 20K in savings is nt enough to make up for no income. A co-sponsor could work.

6. No lawyer needed

[Jinny49 0]

It's a lot of questions and I'm going out very shortly.

About the time...I guess you didn't follow what I was explaining about how long it takes to get a petition approved.

Let's say Vermont Service Center since I don't know who will process your case. Possible days K1

Petition approval- 186 days

Getting through NVC to Embassy- 15 days

Visa application In London to approval- 75 days

Total to be free to enter US- 276 days or 9.2 months

Spouse visa by filing DCF in London

Petition approval- 16 days

Getting through NVC to Embassy- 0 days (you skip that step with DCF)

Visa application in London to approval- 75 days

Total to be free to enter US- 91 days or 3 months (Let's even say 4 months for extra measure)

Timelines vary by how prepared you are and how well you read instructions, and sometimes just luck. If using a lawyer, expect longer. But the above is a current comparison with DCF because you qualify by living in the UK, but only for a spouse visa so you would have to marry first either in the US or UK.

That's really interesting, because it's not in line with the information we were given before (not doubting you by the way - I've been reading a ton of other threads since receiving your reply and they all agree with you). I feel like we now need to rethink the whole process, which is a bit of a pain - but if we get over the States quicker then it's worth it.

Thanks Nich-Nick.

[Nich-Nick 3,354]

That's really interesting, because it's not in line with the information we were given before (not doubting you by the way - I've been reading a ton of other threads since receiving your reply and they all agree with you). I feel like we now need to rethink the whole process, which is a bit of a pain - but if we get over the States quicker then it's worth it.

Thanks Nich-Nick.

Hey--just back and wanting to say that a regular spouse visa can take slightly longer, but the Direct Consular Filing isn't available at many consulates and most US citizens are living in the US and aren't eligible. So what you heard applies to the masses, but you have a unique opportunity to do the DCF if you marry first. And your fiancé can easily enter the US with you to marry in front of your family because Latvia is a visa waiver country.

When taking advice on forums, know who the players are...the ones who have good sense and lots of experience. Jay-Kay (above) is always spot on and super smart. Gary (above) tends to make it sound a little easier than it might be but he knows his stuff. He has sailed through, but he is a careful planner, intelligent, and sometimes just a bit lucky. (Did I describe Gary accurately, folks??) And I have followed London issues closely for over four years and can help you, but I am more knowledgeable about K1s. (I won't answer unless I'm very positive it's correct,) However there are many similarities with DCF and K1 with regards to documents, police certificates, medical exams, and getting an interview in London that are different from the regular spouse visa track. There is a whole forum dedicated to DCF and lots of experience hanging out in the UK forum since your whole process would happen in London if you decide on DCF.

I could write pages to answer your first post, but until you re-think what you want to do, it could be a waste of time. Just remember most comparisons of fiancé vs spouse visa is not comparing fiancé vs spouse DCF. Big difference in time and actual procedure.

Here's an example of regular spouse visa things you get to skip if you do DCF:

I-130 Approved : happens significantly quicker

NVC Received :

Received DS-3032 / I-864 Bill :

Pay I-864 Bill 2009-10-14

Receive I-864 Package :

Return Completed I-864 :

Return Completed DS-3032 :

Receive IV Bill :

Pay IV Bill :

Receive Instruction Package :

Case Completed at NVC :

NVC Left :

Consulate Received : travels to a different office within the embassy compound rather than from the US.

[Jinny49 0]

Thanks for all that info - to everyone who has replied. I see now where we've been waylaid - I had no idea the DCF option didn't follow the same route as the regular spousal visa. From here I'll be moving over to the DCF forum it seems!

Thanks again everyone - it's been really helpful!

[Nich-Nick 3,354]

Thanks for all that info - to everyone who has replied. I see now where we've been waylaid - I had no idea the DCF option didn't follow the same route as the regular spousal visa. From here I'll be moving over to the DCF forum it seems!

Thanks again everyone - it's been really helpful!

Holly 2234 is an excellent resource over there for UK DCF. LauraDP is still learning but asks good questions and gives thoughtful answers about things she's already worked through. Don't get too sidetracked by what other consulates do. Each can vary in how they collect Information, inform you of progress, or assign interviews, for example. Good luck to you.