So confused about several things... please help

[Rachel and Sam 0]

Hi!

I'm just beginning this process and I have been reading up as much as I can, but I'm still so confused about many things and could really use some help and advice. My fiance lives in Australia and I visited him for the first time in person in Australia from May 10-June 19th. He is coming here on the VWP next Monday and will be staying for close to three months (July 1-September 21). I want to file for the K-1 while he is here, so that if it takes 5 months as I've seen in most places, we can at least be together for the first three months and will only have to be apart for, hopefully, two months. I have several questions though regarding the process, including what will happen when he enters the country this time around. (It was SO much easier going to Australia! Got my visitor visa in five minutes online, which is good for a year, and was asked no questions at all upon entry.)

1- What will happen when he gets here? What kinds of questions will he be asked? He is concerned because he really isn't sure what to expect, and neither am I. I've never been questioned upon entering any other countries (and I've visited many countries) so this is all very new and strange to me.

2- Will it take 5 months? Is there any hope of it being shorter? Would it be possible for him to come back on the VWP after, say, a month after going home so we can be together? I know he would then have to go back to Sydney for the interview, so we could just book him the return flight straight away and then change the flight to an earlier date if he can be scheduled for the interview. Would this be suspicious? It wouldn't be illegal, as his intent WOULD be to visit me whilst waiting for the visa approval.

3- I'm confused about the service center thing, and extra confused about the official processing dates search. (The only center that even lists K1 is Vermont, and the processing time says October 26th, 2012 or something to that nature.......huh?) Why don't the other service centers list K-1? And it seems that, from what I'm reading, Vermont is the slowest. Can I choose to send it to a faster one, even though I live on the east coast? I really don't want to send it there and have it take an excessive amount of time because it's a slower center.

4- I'm concerned about the affadavit of support. I am a 21 year old college student and I still live at home with my mom, and my fiance has only just turned 20. He works in Australia and plans on getting a degree in America once he gets citizenship. He currently lives with his mom. I'm not working currently as I am in school. When he comes here, he would be living with me and my mom and will be quickly getting a job, and his mother will be sending him $100/week until we are stable, which is more than enough to live on if you aren't paying rent or utilities. So we definitely will be fine as we will be living with my mom, but she isn't going to want to sign any paperwork or give her banking/work information for this. I'm already asking her to do so much by him moving in for a few years until we get on our feet, I can't ask her to do any more. Will this be an issue? There's no way in the world I'd ever apply for government support as it's something I don't personally believe in. I don't believe people should be getting support from the government, they should support themselves or their family should support them. It's not fair for that money to be taken out of the paychecks of hard workers.... anyway that's just my rant. I would NEVER do that but I wouldn't know how to prove that to the government. Not to mention, his mom would never let him live poorly, if he needed money she'd give it to him, she makes more than enough. Can she sign anything saying she will be sending him money? Would that count?

5- What is the total cost of the K-1 visa? And then, how much does the Adjustment of Status cost? All I keep seeing is "pay the required fees" but I haven't seen an actual NUMBER for the total cost.

6- Do I HAVE to change my name after we are married for proof for an adjustment of status? I haven't officially decided if I want to change my name ... I am close with my family and I love my Russian heritage and Russian last name. I may ultimately decide to change it but I only want to do that if I want to on my terms, not be forced to.

.... I *think* those are all of the questions I have at the moment, but I may end up having more later on! .... This whole process is frustrating, and I wish we had the freedom to just be together and function like a normal couple rather than having to wait to be together and jump through so many hoops to get there. Couples from the same country have it so easy, I'm jealous!

Thank you all in advance for your help!! I'm so glad I found this website to help me through this insane process.

[DeWayne&CeCy 6]

WELL i CAN ANSWER A FEW THINGS....WILL TAKE YOU ABOUT 3-8 MONTHS ANYWHERE IN BETWEEN. AND SOMEONE WILL HAVE TO MAKE ABOVE POVERTY LEVEL THATS FOR SURE AND FAR AS COST GOES WELL... BY THE TIME ITS ALL SAID AND DONE NOT INCLUDING TRAVEL AND IF YOU DO IT YOURSELF OR GET SOMEONE ELSE TO ...ANYWHERE FROM 1500.00 TO 3000.00 HOPE THAT HELPS A LITTLE GOOD LUCK

[Chris&Maureen 1]

Hi

Not sure if you have read the guides here yet but they are helpful: http://www.visajourney.com/content/k1guide

1 - Hopefully someone else can answer this one better for you, as I have not gone through this bit personally. I have a good friend who's fiance visits frequently from the U.K. and generally never has had any problems over the years. Being honest though will count and they may be concerned about him entering with the intent to marry.

2 - 5 months is the estimate right now, you can always home for it being shorter. But best to use the time to prepare, that is also just till your application gets approved. You still have another couple months to go through the process of interviewing and such. Some info for Australia: http://www.visajourney.com/consulates/index.php?ctry=Australia&cty=Sydney

3 - No choice on which service center will work on your application. From going through it they really fluctuate one isn't really faster than the other.

4 - As far as I know, that will be all on you. It doesn't matter what he has and what his Mom can send. You have the meet the 125% of the poverty lines here: http://www.uscis.gov/files/form/i-864p.pdf, and from what it sounds like you will need to have a co-sponsor since you're not working.

5 - The fee to file is $340, and to Adjust Status it is $1070, and you will also be looking at fees at the embassy too should be covered in the Australia link above.

6 - I don't see any reason why you would have to change your name.

[LmmL 46]

1. Hope someone will give a best answer.

2. The time frame is different for different cases, mine took 7 days to get the first notification, then i waited for 177 days to get the second notification, and my fiancé and I are preparing the requirements to be given to the embassy, and then i still need to wait for the interview schedule for days or even weeks or perhaps a month. So, it takes more than 5 months for sure.

3. You can't choose which center you want. Mine was with the CSC. But some people also got the approval fast from VSC, so I think it's based on the cases, they study all the cases.

4. The co-sponsor can't be from your fiancé's side, they have to be from your side. If your mom can't be the co-sponsor, maybe you can start finding who will be willing to. Ask favor from friends or uncles or aunties, you'll find one. My fiancé's manager is our co-sponsor because they are best friends and he will be my fiancé's bestman so being a co-sponsor is our wedding gift from him

5. When you file the petition you will pay $340, when you got the second notification your fiancé needs to pay too, US embassy in my country asks $350. And when adjusting status we need to pay $1070, and i'm not sure for the total until the end of this journey.

6. To change or not is up to you

[baron555 934]

No, it takes about 5 months for NOA2, then about one month for NVC processing and then another 2 months to schedule his interview. Add up the months for a better idea of the total of when we may obtain the visa and be able to return here.

[NikLR 13,227]

All of these timelines are approximate. I could take anywhere from 1-10+ months for the initial petition while 4-6 months is typical. However every few months the one of the service centers start churning out 8+month petitions and you'll see the "What the heck is going on with CSC or VSC?" threads.

Considering the cost of flying back and forth from NZ I suggest not doing it when you have to change flights to fly back for an interview.

[belinda63 3,038]

Count on the process taking about 8 months total and if it takes less this will be a nice surprise. Cost will be for the petition, the visa fee, the medical and any immunizations, a copy of the police report, flight to the US, AOS fees of about $1080.So you are looking at about $2,000 not including transportation. He will not be able to work when he arrives, when you file to adjust status you can file for an employment authorization at the same time at no cost. It will take about 90 days after filing to receive. You do not get to choose the service center, all fiance petitions are mailed to the Dallas address and from their disbursed to the service centers. You will always be the primary sponsor. If you do not make 125% of the poverty level for your family size you will need a cosponsor. The cosponsor must be a US citizen or LPR residing inside the US. Any assets that might be used must be US based.

I suggest you read the guides to get a grasp of what the process requires.

[HK12 273]

1- What will happen when he gets here? What kinds of questions will he be asked? He is concerned because he really isn't sure what to expect, and neither am I. I've never been questioned upon entering any other countries (and I've visited many countries) so this is all very new and strange to me.

I have never had any problems when entering the U.S. visiting my husband (then-boyfriend) on the VWP. Procedures varied from a quick "How are you? Good? Great! Have a nice stay!" to a couple more inquisitive questions about who I am visiting, how I got to know him, what he and I do for a living (with a question about how I can afford the trip since at that time I was still a college student), and if/when we are planning to get married (I think my baffled face was good enough for an answer because at that time this was only the second time that we were seeing each other, and I by no means intended on getting married at that time!). Just have your fiancé be prepared and if possible have him take some ties to his home country with him.

2- Will it take 5 months? Is there any hope of it being shorter? Would it be possible for him to come back on the VWP after, say, a month after going home so we can be together? I know he would then have to go back to Sydney for the interview, so we could just book him the return flight straight away and then change the flight to an earlier date if he can be scheduled for the interview. Would this be suspicious? It wouldn't be illegal, as his intent WOULD be to visit me whilst waiting for the visa approval.

It generally takes 5-6 months to get the petition approved, plus add a couple more months for the consulate process. You can get an estimate of how long things currently take to get your petition approved here: http://www.visajourney.com/timeline/monthly_filers.php?form=1&visa=1&scenter=2&option=3&sortby=2 (then choose your service center). Also check your regional forum for more precise information about your consulate's processing times.

3- I'm confused about the service center thing, and extra confused about the official processing dates search. (The only center that even lists K1 is Vermont, and the processing time says October 26th, 2012 or something to that nature.......huh?) Why don't the other service centers list K-1? And it seems that, from what I'm reading, Vermont is the slowest. Can I choose to send it to a faster one, even though I live on the east coast? I really don't want to send it there and have it take an excessive amount of time because it's a slower center.

No, you cannot choose a Service Center. They are being assigned, usually according to the state where you live. Generally, if you live in the Western U.S., your case will go to California, if you live in the Eastern part of the States, your case will be routed to Vermont. Of course there are exceptions once in a while, but this is the general rule.

4- I'm concerned about the affadavit of support. I am a 21 year old college student and I still live at home with my mom, and my fiance has only just turned 20. He works in Australia and plans on getting a degree in America once he gets citizenship. He currently lives with his mom. I'm not working currently as I am in school. When he comes here, he would be living with me and my mom and will be quickly getting a job, and his mother will be sending him $100/week until we are stable, which is more than enough to live on if you aren't paying rent or utilities. So we definitely will be fine as we will be living with my mom, but she isn't going to want to sign any paperwork or give her banking/work information for this. I'm already asking her to do so much by him moving in for a few years until we get on our feet, I can't ask her to do any more. Will this be an issue? There's no way in the world I'd ever apply for government support as it's something I don't personally believe in. I don't believe people should be getting support from the government, they should support themselves or their family should support them. It's not fair for that money to be taken out of the paychecks of hard workers.... anyway that's just my rant. I would NEVER do that but I wouldn't know how to prove that to the government. Not to mention, his mom would never let him live poorly, if he needed money she'd give it to him, she makes more than enough. Can she sign anything saying she will be sending him money? Would that count?

If you do not have enough income, you will need a co-sponsor that makes over the poverty limit. Here: http://www.uscis.gov/files/form/i-864p.pdf. The co-sponsor cannot come from his side. Also, I would like to point out that your then-husband won't be able to "quickly get a job". After getting married, he will have to apply for an EAD first, which takes about 60-90 days to get processed.

5- What is the total cost of the K-1 visa? And then, how much does the Adjustment of Status cost? All I keep seeing is "pay the required fees" but I haven't seen an actual NUMBER for the total cost.

You can find the current fees in the instructions on the USCIS website. Always make sure they are still current by the time you send the application. AOS (+ EAD and AP) is currently $1,070, K1 is $340 (petition) plus consulate fees (at the time I applied last year it was $350), fees for the medical examination, etc.

6- Do I HAVE to change my name after we are married for proof for an adjustment of status? I haven't officially decided if I want to change my name ... I am close with my family and I love my Russian heritage and Russian last name. I may ultimately decide to change it but I only want to do that if I want to on my terms, not be forced to.

Your decision.

Also read the guides on here - they provide valuable information. Good luck!

[Rachel and Sam 0]

Thank you everyone so much!! All of this information has been so so helpful and I feel so much less confused now. I really appreciate everyone taking the time to respond My biggest concern at the moment is the affidavit of support because I don't think that my mom, even though she will be supporting us with no problem, would fee comfortable giving my fiance her personal, sensitive documents and letting him leave the country with them. Hopefully we can work something out though!

And the reason I was wondering about the name change was because I wasn't sure if, in the case that I didn't change it, they would question the marriage when we apply for the adjustment of status. I wasn't sure if this would, for some reason, make it seem less true and legit in thier eyes.

Again, thank you everyone!

[JRF 117]

Good luck with your journey. Understand that it involves a fair amount of waiting, uncertainty, expense, and trusting. In that sense it's no different than any other relationship.

On days that I feel sad about being physically apart from my wife I remember two things - first, it was our choice to take this journey. Second, I am not away from her on deployment to a war zone. The biggest risk to my safety is the 405.

Hang in there and good luck!

[Kelli/Ozzy 8]

Rachel, I just sent you a huge email thru this website along with my contact info, we live about 15 minutes apart and I'm in the adjustment of status phase for my husband so I have a wealth of information I can share with you, my best advice, right now, breathe deep, pray, believe and read everything you can find here on VJ and the internet 3 to 4 times and when you think you understand it, read it again

p.s. I did everything myself and never got an RFE (request for evidence), you don't need a lawyer if you pay super close attention to instructions and detail

[a+j 77]

You'll need a US citizen or legal permanent resident that makes 125% of the poverty guidelines as a co-sponsor. He/she will have to be domiciled in the US. Before applying for a K1 visa, make sure Australia accepts co-sponsor for that visa (some consulates don't, especially when the petitioner doesn't have any income). Try posting in the regional forum for that.

Have you considered going the CR-1 route instead? http://www.visajourney.com/content/compare. You could get married and file the i-130 while he's in the US. He'll have to leave before his 90 days on the VWP expire. Overall it would be cheaper, and your then-husband would be allowed to work as soon as he enters the US on that visa (not the case with the K1 - it takes 2-3 months to receive the Employment Authorization Document after marrying and applying for Adjustment of Status). Also, your co-sponsor will definitely be accepted, provided he/she meets the poverty guidelines.

[NikLR 13,227]

Any USC or LPR can be your joint sponsor for the I-134, which is legally not enforceable, unlike the I-864 you submit when you AOS - however if you need a joint sponsor for the I-134 you may need one for the I-864 since you're a student.

Your fiancé and yourself may want to put off getting married until you've graduated and can undertake the responsibility of sponsorship yourself. Just a thought.