How hard is it to time the medical and interview date

[vosovski 33]

My fiancee and I plan to have our wedding on August 21st. I will be sending in the papers on 22nd of this month since I am just coming back from visiting her.

We would like to spend some time (2-3 or as much as her B1/B2 visa permits) together in US before the wedding, but face few options.

1. All the paperwork is done properly and she gets her k-1 before may thus able to visit me for may, june, and july. At this time we can get married and hopefully get advanced parole for her to leave and re-enter us.
2. The paperwork is delayed or the process taken longer than usual. She can visit me earlier (say february, march, april, and maybe may) then we both go back for the wedding and interview. After interview we come back together and get married.

Is there a chance to get a hint which is more likely to happen? There shouldn't be any problems if she is staying here on her b1/b2 while processing for k-1 is in the works, right?

[TBoneTX 45,284]

Make no set-in-stone or nonrefundable arrangements before the visa is in hand.

If you go back "for the wedding and interview," she's disqualified from receiving a K-1 visa. Nothing that smacks of a wedding or marriage is advised until she is officially married in the U.S. after her entry via the K-1 visa.

Technically, you could marry in the U.S. and adjust her status while she's here on the B2 visa, but you can't now do so, because of the preconceived intent.

The short answer is this: Don't expect the immigration/visa process to fit your preconceived schedule. Even more important is not to presume that a visa will be granted at all.

[aaron2020 11,651]

This is not how to plan the K-1.

The US Embassy advises to make no plans untold the visa is in her hands.

You will end up in the exact same situation as others who have prepaid for a wedding, disappointment when the US Embassy does not issue a visa in time.

Married is married. There is no going back to get the visa.

[vosovski 33]

Sorry for making my original post unclear, for us there are two marriages. One where we get married in church, and second is getting married in court. We will be getting married in church on August 21st regardless of I-129F, even if it is rejected beforehand. And getting married in court obviously will take after fiancee enters US via K-1 visa.

Ideally we would want to have visa issued around our church wedding date which is 214 days away from today.

I looked at timelines for Ukraine and amount of days from NOA1 to Interview ranges on average between 110-190. My guess is that most applications that too ~110 days to interview had everything included with no RFE, yet some (if not most) applications that took 190 days probably had RFE.

Is this making any sense? We are trying to delay the interview to have it before or around our church wedding date by not including enough evidence of ongoing relationship.

Sounds stupid, but we have reasons to have interview before or around church wedding day.

Thank you for understanding and sorry once again for asking something so stupid

[aaron2020 11,651]

Sorry for making my original post unclear, for us there are two marriages. One where we get married in church, and second is getting married in court. We will be getting married in church on August 21st regardless of I-129F, even if it is rejected beforehand. And getting married in court obviously will take after fiancee enters US via K-1 visa. This will not work. Married is married. If you get married in church on August 21, then she is married. Married people can not use a K-1 visa. That's immigration fraud.

Ideally we would want to have visa issued around our church wedding date which is 214 days away from today.

I looked at timelines for Ukraine and amount of days from NOA1 to Interview ranges on average between 110-190. My guess is that most applications that too ~110 days to interview had everything included with no RFE, yet some (if not most) applications that took 190 days probably had RFE. By not including enough evidence of an ongoing relationship, you are putting yourself on a path to an RFE. What if you are wrong? What if there are problems? Why would you ignore the US Embassy's advice not to make plans without a visa in hand? Why?

Is this making any sense? What you are proposing makes no sense. You are going against common wisdom. We are trying to delay the interview to have it before or around our church wedding date by not including enough evidence of ongoing relationship. No polite way to say this - pure stupidity. A wedding disqualifies her for the K-1 To get the K-1 requires evidence of an ongoing relationship.

Sounds stupid, but we have reasons to have interview before or around church wedding day.

Thank you for understanding and sorry once again for asking something so stupid

Your plan is flawed. Deeply flawed. You are going against common wisdom to not make plans before having a visa in hand. Furthermore, you think that she can still use a K-1 fiancee visa once she is married. Married is married. It doesn't matter if the Aug. 21 wedding is in the Ukraine or the US. She can't use a K-1 visa afterwards to enter the US. That's immigration fraud. You are putting yourself on a road for frustrations and heartache. Do this the right way. Do it the way everyone else has to do it. You are not special. You have to jump through the hoops that US immigration say you have to jump through. You can't have it your way. US immigration is not Burger King.

[vosovski 33]

I see what you mean, we will wait for the K-1 and then go on with wedding from there to avoid the immigration fraud. Sorry.

[TBoneTX 45,284]

That's the right thing to do. Good luck during your process.

[vosovski 33]

I have got some final questions before I send in the packet. Form G-325A require mother's maiden name for the petitioner and the beneficiary. I have done just that, but is there a need to also attach parents' marriage certificate or no?

[Ksenia_O 696]

My fiancee and I plan to have our wedding on August 21st. I will be sending in the papers on 22nd of this month since I am just coming back from visiting her.

We would like to spend some time (2-3 or as much as her B1/B2 visa permits) together in US before the wedding, but face few options.

1. All the paperwork is done properly and she gets her k-1 before may thus able to visit me for may, june, and july. At this time we can get married and hopefully get advanced parole for her to leave and re-enter us.
2. The paperwork is delayed or the process taken longer than usual. She can visit me earlier (say february, march, april, and maybe may) then we both go back for the wedding and interview. After interview we come back together and get married.

Is there a chance to get a hint which is more likely to happen? There shouldn't be any problems if she is staying here on her b1/b2 while processing for k-1 is in the works, right

Usually, the longest part in a K1 process is to get your I-129F approved. After approval the case will be moving to US Embassy in Kiev. In most cases it doesn't take long, and in 3-4 weeks she should receive the mail from the Embassy. Since that moment she can schedule her medical, and then - interview. In Kiev it's really easy to get the nearest date for medical and interview. So, if everything is fine and her K1 gets approved, it is really possible to have visa in passport within a month after receiving the mail from the Embassy.

As soon as K1 visa approved, B1/B2 is not valid anymore. To re-enter the US she will need to file the AOS along with EAD/AP. After Marriage in the US. As stated above, DO NOT do any "wedding in church" or somewhere else or other ceremonies in Ukraine, if you go the K1 route.

For now, If she has a valid B1/B2 , then yes, she should be still good to go while you are waiting on your I-129F approval. At least, I've done this and haven't had any issues. But I wouldn't travel after receiving the NOA2 (approval notice) of the I-129F.

Good luck

Edited January 21, 2016 by Ksenia_O

[Ksenia_O 696]

I have got some final questions before I send in the packet. Form G-325A require mother's maiden name for the petitioner and the beneficiary. I have done just that, but is there a need to also attach parents' marriage certificate or no?

No, you don't have to attach parents' marriage certificate.

[vosovski 33]

For now, If she has a valid B1/B2 , then yes, she should be still good to go while you are waiting on your I-129F approval. At least, I've done this and haven't had any issues. But I wouldn't travel after receiving the NOA2 (approval notice) of the I-129F.

As soon as K1 visa approved, B1/B2 is not valid anymore. To re-enter the US she will need to file the AOS along with EAD/AP. After Marriage in the US. As stated above, DO NOT do any "wedding in church" or other ceremonies in Ukraine, if you go the K1 route.

Good luck

She has a valid B1/B2 visa, but can visit me only in the begging of April for the 180 days period to pass since lass departure from USA on B2.

Could you clarify what you mean by "As soon as K1 visa approved"? Approved meaning that I-129F petition was approved with NOA2 or K-1 approved/stickied after the interview?

We would love to see each other sometime between April 1st and her interview date, that is if interview will be in summer. In either case, she should be able to travel back to Ukraine for medical and interview from USA imminently if interview date is assigned. Most of the other papers from Packet 3 are prepared already.

Thank you

[vosovski 33]

I have included proof of having met in the past two years along with proof on ongoing relationship. However, what kind of proof of ongoing relationship would work when fiancee visits the consulate for the interview? We chat through iMessage and have video calls via FaceTime pretty much daily. How can my fiancee present this? Screenshot of the FaceTime call-log? Snippets of our messages? I will be also sending her money through moneygram, would that work as proof of ongoing relationship after I-129F was received and before the interview? Just trying to make sure we have something to show by that time.

[RobertM54 36]

As soon as K1 visa approved, B1/B2 is not valid anymore. To re-enter the US she will need to file the AOS along with EAD/AP.

Doesn't she re-enter on the K1. They get married, file AOS etc. then go back for the formal wedding?

How long after the AOS is filed does it take before the beneficiary can leave the country (in general)?

[aaron2020 11,651]

Doesn't she re-enter on the K1. They get married, file AOS etc. then go back for the formal wedding?

How long after the AOS is filed does it take before the beneficiary can leave the country (in general)?

AP is required for her to reenter the US if she leaves during AOS. AP takes about 90 days to get after filing with the AOS. If she leaves without AP, the process is deemed abandoned. Doesn't matter if she has another visa.

Edited January 22, 2016 by aaron2020

[Ksenia_O 696]

As soon as she leaves Ukraine for the US with K1 visa in passport, she will be ENTERING the country as a K1 visa holder.

As aaron2020 said, usually it takes about 90 days to receive AP or so called combo EAD/AP card after submitting the AOS.. If you filed the AOS along with I131 (application for Travel Document) and I765 (Application for Employment Authorization).

Edited January 22, 2016 by Ksenia_O