When to file for K1

[AndyR82 8]

Hello all,

I have a quick question, myself and my good lady are looking to get married on the 21st May 2016. After conversations with our lawyer he thinks the best time would be to file on the 16th December. Is this a realistic time frame?

We are looking to put down a deposit on a venue tomorrow.

Thanks

[canadian_wife 1,822]

No - do not put a deposit down. Not until the visa is in hand.

Good luck

[shellymarie 24]

Hello all,

I have a quick question, myself and my good lady are looking to get married on the 21st May 2016. After conversations with our lawyer he thinks the best time would be to file on the 16th December. Is this a realistic time frame?

We are looking to put down a deposit on a venue tomorrow.

Thanks

Realistically...there's no way of knowing when a "realistic time frame is." As of "right now" all new applications are being routed to CSC, which has a 5 month processing time (but even that is not guaranteed-could be less, could be more). But by the time December comes around, you don't know if the applications will still be sent there, what the processing times will be etc. For example-there's people in the TSC that have been waiting 5, 6, 7, 8+ months and still no word as to when they'll be approved. It's never, ever a good idea to plan anything until the visa is in hand. There are many surprises that could come up along the way.

Remember, once you have the visa, it's good for (I believe 120-180 days *I forget which one* can anyone clarify that?) Plus, you have 90 days to get married once they are in the country. So you should plan accordingly to that, knowing that even if you get your visa a little before May of next year, you still have some time to plan etc.

Hope this helps and good luck!

[cho iketeru 2]

It is advisable not to put any money down or many any type of non-refundable reservations until you have visa in hand. There are to many variables out of your control. First, It depends on the service center where you package is assigned. Second, you may or may not receive an RFE which adds time to the processing of your case. Third, you do not know when you interview will be scheduled. If anything you should file as early as possible. Frankly, your setting yourself up for a big let down if you file in December and hope the entire process will be completed in time for the wedding. Filing early is better than filing later.

Good Luck!!!

[AndyR82 8]

Thanks for the responses they are appreciated, I have just said about asking if we would be able to change to a later date if needs be. I'll be back over at the end of August so it might be worth mentioning about possibly looking to file a little earlier.

I've given family the date as a hopeful one more than anything else.

It will all be worth it

Edited June 4, 2015 by AndyR82

[canadian_wife 1,822]

So why not file now? Considering how much time there is on the other end (up to 180 days) to use the visa after it is issued. Plus the process can be slowed down once it passes USCIS.

So why not file now? Sounds like that is the better option than just waiting and hoping and possibly losing money and changing dates

good luck

[Boiler 45,468]

I was wondering the same, file now.

[AndyR82 8]

Unfortunately we have a few loose ends to be tied up which can't happen until we are able to speak to the lawyer, will ask though about setting everything up earlier.

[ChasUno 101]

Unfortunately we have a few loose ends to be tied up which can't happen until we are able to speak to the lawyer, will ask though about setting everything up earlier.

You don't need a lawyer to file for an I-129F/ K1 visa, unless you have other legal issues that prevent you from getting married (e.g. currently going through a divorce to someone else etc.). Most here on VJ are doing our applications on our own thanks to the enormous help and valuable resources/ advice that is the VJ forum.

The K1 visa gives you 90 days to get married upon entering the USA. Once issued, I'm not sure but you have a good few month to use it by (3 - 6 months before it expires?) i.e. those 90 days start ticking down upon setting foot in the USA with a K1, not the date that the K1 visa was issued.

As many have already mentioned above, it's impossible to give an accurate timeline for the process from start to finish. Every case is different, and throw the different service centres into the mix (currently TSC and CSC) that makes it even harder to estimate as some have gone from NOA1 to NOA2 in a matter of weeks whereas some are waiting 7+ months.

Depending on your individual case, you are looking at approx. a minimum of 5 months up to, or even more than 10 months from start to finish before you get your visa in hand. Your lawyer is giving you very bad advice suggesting that you file on the 16th December to guarantee that you will have a May 2016 wedding (why not suggest you file much earlier?) Once filed, there is no way to expedite the process unless in extreme circumstances (i.e. the beneficiary is from a country onset by civil war and their life is at risk, NOT that you have booked a wedding venue). Unless you have legal issues restricting your application, you would be wise to start the process ASAP. It might also be wise to ditch your current lawyer and getting one who knows the process and time frame better, or you go it alone with the help from VJ.

[Boiler 45,468]

There was an egg incident, perhaps a divorce to finalise?

[Nich-Nick 3,354]

I'm guessing a divorce needs to become final. The lawyer who said Dec 16 is not the best person to seek advice from on immigration matters.

[AndyR82 8]

Sorry for not responding quicker trying to be sneaky at work

No divorces for either of us. Having never done this we decided to use an immigration lawyer just to make sure that everything was being completed properly.

I need to get the Police Report, pictures of us, immunized etc.

[Nich-Nick 3,354]

Sorry for not responding quicker trying to be sneaky at work

No divorces for either of us. Having never done this we decided to use an immigration lawyer just to make sure that everything was being completed properly.

I need to get the Police Report, pictures of us, immunized etc.

No, the police report and immunizations and proof of income are not part of the first step...petition filed by the US citizen. Those come later.

[AndyR82 8]

So it's best off to start getting the wheels in motion sooner rather than later.

Thanks

[Transborderwife 4,666]

Sorry for not responding quicker trying to be sneaky at work

No divorces for either of us. Having never done this we decided to use an immigration lawyer just to make sure that everything was being completed properly.

I need to get the Police Report, pictures of us, immunized etc.

More often than not you'll find that immigration lawyers complicate things or possibly mess things up viewing cases on here