K-1 Fiance Visa Process Starting from scratch

[antoniamole 0]

Hi,

Would someone be able to help me in my process of applying for a K-1 Fiancee Visa? Moving from UK - USA

-In May I am going to america to visit my BF (who works in the navy) where he is going to the propose to me. I was told that from the moment of proposal we should file for a VISA and so begin the process.

-Can i confirm it is the K-1 Visa i need?

- Do i need all of the following forms? : Form I-129F, Form I-134, Online Application DS-160, G-325A, DS-156, DS-230 ?

Im, sure the information is within this site but i am getting a bit overwhelmed and confused by all the information!

- Is there a certain amount of time i need to have known my bf?

[broe 4]

Heres a couple of guides,

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

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

Should make it easier to get your head around the processes, start with the first link which explains eligibility and how to file and what to send, the second link explains the process after you have been approved.

You could actually start the process before he proposes, we did. Or you can at least begin getting the relevant forms filled out and collecting your photos and other evidence of meeting etc. I think a lot of people decide to get married as the best option of being together and begin filing. I proposed nine months after we began the process, just as well she said yes!

[lostandthenfound 4]

Technically she can just get married in US. You’re from the UK ...your fiance is in the US Navy.... you pretty much have it made either way. I believe if you get married (legally) in the US it will save a little bit on time/costs in your case.but i'll defer to more experienced UK posters. Most people will state that this is not allowed but i know several friends that married international students in college and their spouses were able to get a permanent resident cards despite them overstaying on their tourist visas.

[broe 4]

I believe from what I've read that the K1 processing time is faster, If you marry on the visa waiver you have to return home regardless and you won't be able to travel to the US while they process your application. (which ive read can take over a year) I'm sure people have stayed while their applications were processed but I can't imagine they are happy about it.

I travelled twice while my K1 was being processed without any problems to the US, both trips were 90 days, I seem to like push my luck,

[kitthekat 1,317]

1. Can i confirm it is the K-1 Visa i need?

2.Do i need all of the following forms? : Form I-129F, Form I-134, Online Application DS-160, G-325A, DS-156, DS-230 ?

3. Is there a certain amount of time i need to have known my bf?

1. Yes, it is the K1 visa you need.

2. Follow the guides the previous poster linked...not all the forms you listed need to be sent in with the initial I-129F petition. You don't need the DS-156 or DS-230 at all for a K1 -- at least not anymore.

3. There is no set amount of time you need to have known your bf/fiance, the requirement is that you have met in person at least once within the last 2 years. If you have seen him in person in the two years prior to this, you could actually get started on the I-129F petition tomorrow. A formal proposal is not required.

[kitthekat 1,317]

I believe from what I've read that the K1 processing time is faster, If you marry on the visa waiver you have to return home regardless and you won't be able to travel to the US while they process your application. (which ive read can take over a year) I'm sure people have stayed while their applications were processed but I can't imagine they are happy about it.

I travelled twice while my K1 was being processed without any problems to the US, both trips were 90 days, I seem to like push my luck,

Yes, right now K1s are being processed much quicker than IR1/CR1s (spousal visas).

Both K1s and IR1/CR1 applicants can attempt to enter the US while their applications are being processed. It will be up to CBP to decide whether or not to let them through.

It is considered fraud to enter the US on the VWP with the intention to marry and adjust status. AOS from VWP/tourist visas is legal for people who did not come with intent to adjust status (e.g. someone who entered for a short visit, then learned they lost their job back home and decided to marry and stay instead). They will not be able to leave the US until they obtain either advance parole or a green card, or their application will be deemed abandoned.

[antoniamole 0]

Thanks everyone for the responses and help ! - May isnt too far away now and I do like to be prepared . I will proabably be back with more questions at that time

[baron555 934]

Hi,

Would someone be able to help me in my process of applying for a K-1 Fiancee Visa? Moving from UK - USA

Well, really the USC is the petitioner and should lead the petitioning process. You can certainly be involved and can fill out all the forms.

-In May I am going to america to visit my BF (who works in the navy) where he is going to the propose to me. I was told that from the moment of proposal we should file for a VISA and so begin the process.

Don't need to formally propose. The Letters of Intent is all that is required.

-Can i confirm it is the K-1 Visa i need?

Yes, if the intention is for you to immigrate to the US and permanently reside here.

- Do i need all of the following forms? : Form I-129F, Form I-134, Online Application DS-160, G-325A, DS-156, DS-230 ?

Read the Guides, Follow the Example Forms....links at the top of this page.

Im, sure the information is within this site but i am getting a bit overwhelmed and confused by all the information!

- Is there a certain amount of time i need to have known my bf?

No, just that you have met in person within two years prior to the filing date....AND....you are both free to marry at the time of filing.

Technically she can just get married in US. You’re from the UK ...your fiance is in the US Navy.... you pretty much have it made either way. I believe if you get married (legally) in the US it will save a little bit on time/costs in your case.but i'll defer to more experienced UK posters. Most people will state that this is not allowed but i know several friends that married international students in college and their spouses were able to get a permanent resident cards despite them overstaying on their tourist visas.

So.....you're advocating committing visa fraud?

OP: Do NOT follow this advice.

[lostandthenfound 4]

I would not advise it in her case unless it offered some considerable advantage over the k1 visa. Based on her country of origin and her fiance’s occupation I do not believe it will. However, I can assure you that a legal marriage presented before a court is a legally binding contract irrespective of national origin and/or legal status. A US marriage license trumps many immigration laws. Again, it is all relative to the case….in this instance NO…. in a case of an illegal immigrant from Latin America…..ABSOLUTELY YES!!!!

[antoniamole 0]

Hi - So some change to it all.

We are going to get married in America in May. So how does this affect everything?

- Which forms do i need?

- Is the evidence the same?

- Do we have had to know one another for a certain amount of time?

- Does the marriage certificate have to be sent away or a copy is ok?

Ill then be going back to the UK after my holiday so is there anything i need to have done while in America before i leave?

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about fiance(e) vs. spousal visas~

[baron555 934]

-In May I am going to america to visit my BF (who works in the navy) where he is going to the propose to me. I was told that from the moment of proposal we should file for a VISA and so begin the process.

Don't need to do that. Have you two met in person (for any reason) within the past two years? If so then you're good to go; formal proposals are not required, only the signed Letters of Intent.

-Can i confirm it is the K-1 Visa i need?

- Do i need all of the following forms? : Form I-129F, Form I-134, Online Application DS-160, G-325A, DS-156, DS-230 ?

Read the Guides and follow the Example Forms...links at the top of this page.

Im, sure the information is within this site but i am getting a bit overwhelmed and confused by all the information!

- Is there a certain amount of time i need to have known my bf?

No min time required.

[Tina and Johan 206]

Hi - So some change to it all.

We are going to get married in America in May. So how does this affect everything?

- Which forms do i need?

- Is the evidence the same?

- Do we have had to know one another for a certain amount of time?

- Does the marriage certificate have to be sent away or a copy is ok?

Ill then be going back to the UK after my holiday so is there anything i need to have done while in America before i leave?

there's a very good chance that if asked by the border patrol upon arriving in the US if you plan to marry your boyfriend while visiting on a tourist visa, and you truthfully answer yes, as you're required to do by law, they will refuse you entry. If it were this easy, we'd ALL do it. You have a premeditated plan now to commit visa fraud. True, many people have done this and gotten away with it, but with all the stiff penalties, is it really worth the risk? I would wholeheartedly NOT follow the advice of the person who told you that it was a good idea.

Is there some special circumstances I'm unaware of with regards to US military members NOT having to go through the K1 process like everyone else?

[antoniamole 0]

there's a very good chance that if asked by the border patrol upon arriving in the US if you plan to marry your boyfriend while visiting on a tourist visa, and you truthfully answer yes, as you're required to do by law, they will refuse you entry. If it were this easy, we'd ALL do it. You have a premeditated plan now to commit visa fraud. True, many people have done this and gotten away with it, but with all the stiff penalties, is it really worth the risk? I would wholeheartedly NOT follow the advice of the person who told you that it was a good idea.

Is there some special circumstances I'm unaware of with regards to US military members NOT having to go through the K1 process like everyone else?

Hi -

Sorry, i must be misinformed ! So if it wasnt to my knowledge and then we just got married, is that acceptable or would in the future it be as invalid?

I dont think the forces have special circumstances ....

Thanks !

[Harpa Timsah 13,258]

there's a very good chance that if asked by the border patrol upon arriving in the US if you plan to marry your boyfriend while visiting on a tourist visa, and you truthfully answer yes, as you're required to do by law, they will refuse you entry. If it were this easy, we'd ALL do it. You have a premeditated plan now to commit visa fraud. True, many people have done this and gotten away with it, but with all the stiff penalties, is it really worth the risk? I would wholeheartedly NOT follow the advice of the person who told you that it was a good idea.

Is there some special circumstances I'm unaware of with regards to US military members NOT having to go through the K1 process like everyone else?

This is wrong.

OP: Oh dear, already a lot of wrong information in this thread.

You can come and get married in May. You do not need a special visa to get married. However, you cannot move to the US on that trip. You can come and get married and then leave, as you had planned to do, in accordance with your tourist privileges.

Then you can start the spousal visa process. First, the US Citizen will file a petition that establishes a marital relationship between you two, then the petition will be approved and do some stuff at the National Visa Center (NVC), then you will apply for a spousal visa in London. Once approved, you will enter the US and you will become a Permanent Resident upon entry. That whole process will take 8-12 months.

Here is the VJ guide for spousal visa. http://www.visajourney.com/content/i130guide1

Good luck.

Edited March 27, 2014 by Harpa Timsah