Advice for our application - minimising time apart

[oscillate.wildly 1]

Hi everyone,

I am a British Citizen and my fiancé is from the US, and we have been together for 4 years. We are in the final stages of preparing our I-129f packet to send in, but would like some advice from you all before we do so, as our plans over the next few months/year will likely determine how much time we will be apart (sigh). Sorry if this post is long, and I know there are some answers out there, but I really need some advice regarding our specific situation.

Firstly, we want to figure out how best to prevent a long (5-6 month) separation:

My partner is going to be away in Canada working from May until mid-August. We are hoping that I can join him as I also have the same job offer, but this is a big IF as the CA work permits have been delayed. Therefore we are looking at what we will do if he has to go to Canada without me. This job allows him to make a lot of progress towards the poverty level income and so it's the most sensible choice, even if it means we will be separated.

Something to keep in mind is that we are from Virginia so we are assuming our application would go to the Texas processing centre. I see that they have huge delays....

Firstly, regarding my eligibility to come back to the US if our K-1 visa is not processed within a reasonable time:

- I came to the US in October on a B2 and currently have a flight out in April, which means I will have spent 6/12 months in the US and therefore would not be allow to return until October when I had spent 6 months out of the US. We are therefore deciding whether to spend March on holiday in Mexico, the reasoning being that it would allow me to return to the US a month earlier. We can't really afford it though, so need to know whether we need to:

1) I am not sure how strict they are on the 6/12 months allowed in the US on a B2;

2) I don't know if this would be pointless because if our application goes through in the general 4-6 month time frame, by the time we reach the 'gained month' of August where I could return to the US, I will most likely have to remain in the UK to deal with the visa interview and medical etc

I also have some concerns about my partner's income. Ironically our long-distance relationship has prevented him from getting any permanent employment as he has been travelling to the UK to live with me whilst I was studying my PhD, and for the last year he studied a Masters in the UK where I was doing my PhD, so that we could live together and he could also make sensible steps for our future together. We are now both done - my partner has a Masters degree and I have a PhD. His income will be about $15k by August, and we are very much hoping that he will have been accepted for a PhD position which he has applied for - we will know by the time of my interview - for which the income is approx $22k and the position for 4/5 years.

Therefore:

- how much standing would the fact that we both have higher degrees have for our application? I would hope having a PhD would put me in good standing for being low risk of becoming a public charge

- if he is accepted for the PhD position by the time of the interview, is this adequate for meeting the financial requirements? It would mean he would earn >125% of the poverty level for this year and the next 4/5, but last year's income for him is <2k (because studying Masters) and year before ~$13-14k (earned in Canada)

- if he doesn't get the position, we would get his mom for an affidavit of support, but VERY concerned that we would still be rejected

SO if anyone can please kindly give some advice about:

A) our plans to minimise time apart,

B) Texas processing times: when can we realistically be looking at an interview date?

C) our financial situation (as best to be thinking about this sooner rather than later)

Thanks so much everyone. This is so daunting. I thought this would get easier once I was done with studies but it seems to be getting harder

[canadian_wife 1,822]

I stopped reading at 6.5 months in the US

What does your I-94 say? 6.5 months in the US is unusual

good luck

[TabeaK 517]

Hi! Welcome to the forum. Don't worry, we are all obsessing about the process - at least you guys can still be together now, which is something to savour

I can not answer all of your questions, but I will try some of them.

A) Minimise time apart - difficult to answer. To be together, especially for extended periods of time, outside of the US is the safer bet.

B) No one has a crystal ball, but if current processing times remain accurate, you are looking at interview roughly 10 months from filing - assuming nothing goes wrong. Could they speed up? Sure - but there is no evidence for that right now and they could slow down even further.

C)You will get approved if you are above the requirement at interview. London also allows you to use your own assets, if you have any. Don't worry too much, Western Europe is generally considered low faud and hence a littler lower on the scrutiny.

[oscillate.wildly 1]

I stopped reading at 6.5 months in the US

What does your I-94 say? 6.5 months in the US is unusual

good luck

By 6/12 I mean 6 out of 12 months (can't seem to edit my post to make clear...). On a B2 Visitor Visa I am allowed to be in the US for 6 months at any one time, but no more than 6 months out of any rolling 12 months

We have also looked into the marrying now and applying for AOS, but no time for Advance Parole and I HAVE to return to the UK in April for my PhD defence... so K1 it is

Edited February 2, 2015 by oscillate.wildly

[oscillate.wildly 1]

Hi! Welcome to the forum. Don't worry, we are all obsessing about the process - at least you guys can still be together now, which is something to savour

I can not answer all of your questions, but I will try some of them.

A) Minimise time apart - difficult to answer. To be together, especially for extended periods of time, outside of the US is the safer bet.

B) No one has a crystal ball, but if current processing times remain accurate, you are looking at interview roughly 10 months from filing - assuming nothing goes wrong. Could they speed up? Sure - but there is no evidence for that right now and they could slow down even further.

C)You will get approved if you are above the requirement at interview. London also allows you to use your own assets, if you have any. Don't worry too much, Western Europe is generally considered low faud and hence a littler lower on the scrutiny.

10 months..... seems unimaginable what about marriage out of the US and AOS?

I have about $30k in savings, would that put me in good stead and can I use that to make up the difference?

Thanks for your help

[baron555 934]

Therefore:

- how much standing would the fact that we both have higher degrees have for our application? I would hope having a PhD would put me in good standing for being low risk of becoming a public charge

None. Current income is key.

- if he is accepted for the PhD position by the time of the interview, is this adequate for meeting the financial requirements? It would mean he would earn >125% of the poverty level for this year and the next 4/5, but last year's income for him is <2k (because studying Masters) and year before ~$13-14k (earned in Canada)

Good, current income is key.

- if he doesn't get the position, we would get his mom for an affidavit of support, but VERY concerned that we would still be rejected

No, current income is key, even for the cosponsor.

SO if anyone can please kindly give some advice about:

A) our plans to minimise time apart,

Seems OK.

B) Texas processing times: when can we realistically be looking at an interview date?

Plan for 10 months be happy with 5.

C) our financial situation (as best to be thinking about this sooner rather than later)

Seems OK.

[oscillate.wildly 1]

- if he doesn't get the position, we would get his mom for an affidavit of support, but VERY concerned that we would still be rejected

No, current income is key, even for the cosponsor.

Sorry, do you mean no we WOULD or WOULD NOT get rejected, or would a co-sponsor meeting 125% of poverty requirements be ok?

Thanks

Edited February 2, 2015 by oscillate.wildly

[Boiler 45,517]

A visitor visa is for visiting, there is no set amount of time you are allowed in the US but usually on a B2 you are admitted for 6 months, obviously very few people stay that long.

I do not know what your past travel pattern has been, may be an issue.

You know that they ask you when you enter what the purpose of your visit is and how long are you visiting and I am sure you do not need anyone to tell you that if you say permanent and I am going to AOS what would happen next.

You should have enough to self sponsor in London, you can check with them for the current number.

[oscillate.wildly 1]

A visitor visa is for visiting, there is no set amount of time you are allowed in the US but usually on a B2 you are admitted for 6 months, obviously very few people stay that long.

I do not know what your past travel pattern has been, may be an issue.

You know that they ask you when you enter what the purpose of your visit is and how long are you visiting and I am sure you do not need anyone to tell you that if you say permanent and I am going to AOS what would happen next.

You should have enough to self sponsor in London, you can check with them for the current number.

I have had 5 trips total to the US - first in 2010 on J1 internship; second March 2011; third 10th Dec 2012 to 3rd Jan 2013; fourth 26th March 2013 to 30th April 2013; fifth this one, entered 10th Oct, flight out 7th April - the exact date the I-94 is valid until - we were planning on travelling to South America but it fell through.

Basically I am trying to figure out when I can come back, and whether I need to spend some time out of the US before April

[Boiler 45,517]

The general rule of thumb is to spend at least as long out of the US as you spent in it.

As an aside leaving it to the last day to leave is not a good idea, a slight overstay and there goes your B2.

Also look up the substantive presence test for IRS regulations.

[oscillate.wildly 1]

As an aside leaving it to the last day to leave is not a good idea, a slight overstay and there goes your B2.

I know... this is why we're thinking of going away. Wasn't the intention, we had great plans for a trip away but just didn't work out

[yuna628 9,676]

I cannot speak to the policy of coming in and out on a B2. However I know that in general, even using the VWP you shouldn't be spending so much time in the US without some breaks in between without drawing an IO's hackles. I know that being apart is extremely difficult, in your case it sounds like you have a lot going on. If you cannot afford it, my suggestion would be to hold off and patiently wait on visiting. Making sure you never overstay would be an important thing, nor would you want the hassle of being turned back at the border. Remember once approved, you're going to need some funds to adjust your status and start your life together, and you won't be able to work until you're authorized.

As you will be placed with TSC and barring no miracle transfers along the way, you're looking at 6-8 months (maybe 6-7 if you start pestering them or the fiancé's politicians) to get past the NOA2 stage. And then maybe a month or two more to have your interview. Once you have the visa, you have six months from the date of the medical to enter the US, but once you enter you cannot leave until you have AP. There's no way of knowing how much slower TSC will become. Rule of thumb is -- plan for the worst, be happy and surprised if it's sooner.

The goal of immigrating on a K1 is to marry and live in the US. If your fiancé is then working and I presume, living in Canada, how would that work out if they have to quit to return to the US? However it is certainly possible to use a co-sponsor. What is your concern in being rejected using a co-sponsor? If your co-sponsor makes the 125%, if the fiancé makes 125% you are good. London also allows self-sponsoring, but either way once you adjust your status your then spouse or any cosponsor you use will have to prove the 125%. Your education level has no bearing on your application being approved, but I'd say such a high education would help you once you have settled here in finding employment.

You have a lot going on at the moment, so I wish you best of luck at it.

[oscillate.wildly 1]

You should have enough to self sponsor in London, you can check with them for the current number.

That would be perfect - I can probably end up with $40 - $45k by the time I get to the interview. I can't find any specific figures, seems like they are keeping it deliberately subjective so that the person interviewing me has the final say, but I would hope that's enough

Thanks, I did not know about this until now as I read some time ago that my own assets could not be considered

[oscillate.wildly 1]

I cannot speak to the policy of coming in and out on a B2. However I know that in general, even using the VWP you shouldn't be spending so much time in the US without some breaks in between without drawing an IO's hackles. I know that being apart is extremely difficult, in your case it sounds like you have a lot going on. If you cannot afford it, my suggestion would be to hold off and patiently wait on visiting. Making sure you never overstay would be an important thing, nor would you want the hassle of being turned back at the border. Remember once approved, you're going to need some funds to adjust your status and start your life together, and you won't be able to work until you're authorized.

As you will be placed with TSC and barring no miracle transfers along the way, you're looking at 6-8 months (maybe 6-7 if you start pestering them or the fiancé's politicians) to get past the NOA2 stage. And then maybe a month or two more to have your interview. Once you have the visa, you have six months from the date of the medical to enter the US, but once you enter you cannot leave until you have AP. There's no way of knowing how much slower TSC will become. Rule of thumb is -- plan for the worst, be happy and surprised if it's sooner.

The goal of immigrating on a K1 is to marry and live in the US. If your fiancé is then working and I presume, living in Canada, how would that work out if they have to quit to return to the US? However it is certainly possible to use a co-sponsor. What is your concern in being rejected using a co-sponsor? If your co-sponsor makes the 125%, if the fiancé makes 125% you are good. London also allows self-sponsoring, but either way once you adjust your status your then spouse or any cosponsor you use will have to prove the 125%. Your education level has no bearing on your application being approved, but I'd say such a high education would help you once you have settled here in finding employment.

You have a lot going on at the moment, so I wish you best of luck at it.

Thanks for your encouragement. His Canadian position is just very good temporary job in our area of work (ornithological research) which he has done in the past, which allows him to be earning whilst we're apart. He has applied for a PhD in the US which would start in the coming Fall if he gets it.

Just got through 3 1/2 years of working around my fieldwork in Nigeria, this all seems so never-ending.