Additional help for a newbie please!

[MarkBUK 0]

Hello everyone!

I've only recently found visajourney.com and I am really glad that I did; I have tried other websites and generally the forum members there have not been very helpful I have looked through the guides and I would like some clarification if you folks would be so kind to help me

I am living in England and my partner is a US Citizen based in California. We have been together for 2 years and in the next few weeks I am going to fly out to see her once again. We have talked very seriously about Marriage and it is something that we both want I have a professional degree and I have been submitting applications for work in CA based on a H1B visa and more realistically, a J1 academic sponsorship visa which is looking promising. While I am with her next month we talked about starting the process of filling in the I-129F.

I have several questions that I would be really grateful for help and advice!:

1. I will be in the US with my partner for around 4 weeks. If we complete all the necessary documentation as shown in your guides (G325As included) and we send it off relatively soon then I'm guessing the forms will probably not be processed by the time I have to leave. How much does it cost to file off the initial I-129F? Are there significant costs along the way?

2. I've looked at the flow chart in the guide and I'm a little confused with the timelines of entering on a K1 visa, working using an EAD application and bona-fide marriage.

Once I have left the US at the end of April I will most likely be returning again within 4-5 months if I am unsuccesful with my job applications. During this time has passed and forms have been completed and sent off by us both then the next time I enter the US would it be on a K1 visa rather than a Visa Waiver programme VWP? If so, is this when I have the 90 days 'one-shot' to get married or it's all over? Presumabley you can only be looking to work using the EAD once you are legally married within this 90 day period?

3. Further to question 2, if for some reason I could not get to the US in the time that I wanted and I was called for an interview do I have to attend the US embassy in my country or do I physically need to travel to the US?

4. I have heard anecdotal evidence that marrying 'spontaneously' when entering the US on a VWP is a valid route that others have taken that is even less time consuming than that of a genuine K1 visa application. Has anyone got any advice or experience with this?

5.. Finally, on a somewhat unrelated topic, I considered paying for a consultation with a reputable company that I found on the web that could advise me of my best way to achieve working in the US based on my circumstances. I am certain that in addition to my constant appling of positions that they will advise me that the K1 visa is the best step since I love and plan to marry my partner. Has anyone ever used this kind of service? I have been somewhat reluctant since the visajourney site is extremely resourceful!

I have to stress that marriage is not something that I would ever abuse and even if I can enter the US on a J1 or H1B visa to work I would be still be marrying my partner regardless.

Thank you in advance!

Mark.

[youngie 0]

4. I have heard anecdotal evidence that marrying 'spontaneously' when entering the US on a VWP is a valid route that others have taken that is even less time consuming than that of a genuine K1 visa application. Has anyone got any advice or experience with this?

Well seeing that you've mentioned it now, it would'nt really be spontaneous, would it?

[TimsDaisy 0]

What youngie means is that if you enter the country with the intent to marry and remain without having a K1 visa in hand (and, presumably, lying to the border agent about the purpose of your trip), then you are committing visa fraud - that's illegal and something people here frown on for obvious, law-abiding reasons.

What you do with this information is your business.

When you enter you should tell them you're visiting your girlfriend and just in case they give you a hard time, you should carry with you proof of ties to your home country - letters from your employer showing when you are expected back, mortgages, leases, proof that you have enough money to support yourself while you're here. Most likely, you wont' face any problems if you are simply honest and friendly with the immigration agent at the airport.

Oh - you said Cali - DON'T FLY INTO SAN FRANCISCO if you have anything you feel might cause them to want to send you home - which they can and will do with no problems. Have you had trouble coming to the US before? Have you been here before? As long as you've never broken a law, you should be fine. Talk about the things you want to do while you're here: I'm visiting my girlfriend and we finally get to go to disneyland like i've always wanted, etc.

You probably don't need to pay for a service.

Your interview for a K1 visa would take place in London.

If you filed tomorrow, you wouldn't be here on a K1 until probably December or January. Things don't go fast here in California.

[TimsDaisy 0]

Oh - the I-129F is filed by your US citizen-sweetie and it costs $170 (but fee increases are on the horizon). It would absolutely not be processed by the time you needed to leavein 4 weeks time (I can pretty much guarantee that - especially, again, with the California aspect).

Go read all the instructions on the I-129F form at www.uscis.gov (click "Forms" on the top of the site). That should give you a good basis for coming back here to read the guides and check out the timelines available here.

Here's the story with the timelines:

If you apply for and are granted a K1 visa, it is valid for 6 months, meaning you have 6 months from the date of issue to enter the United States. Once you arrive, you use that visa, and the clock starts ticking on your 90 days. That's the same amount of time as you would have to legally remain in the US if you entered under the visa waiver program - it's the same grant of time nearly all visitors ever get to be in the US lawfully. Within those 90 days, you need to legally marry your fiance (be that in a church with the dress and the big party, or just at city hall to take care of the legalities and give you time to plan the big wedding). Once you are legall married, go apply to adjust your status (that's the green card process), abbreviated here at "AOS" (adjustment of status). Once those papers are filed, you'll be in process and you won't be here illegally if you remain past the 90 days. If you don't file to adjust within that time, you'd be out of status and need to leave and start a whole new process (don't do that, that'd be dumb).

Some ports of entry (usually airports - like JFK in new york) will give you an early authorization stamp to work in your passport. Many won't. You'll have to wait to be granted permission to work during the AOS process before you can legally work in the U.S. That can take a varied amount of time - around 6 months, or 3 or more than 6 or whatever, depending on where you enter the country and where you file your paperwork.

[Minya's wife 24]

1. I will be in the US with my partner for around 4 weeks. If we complete all the necessary documentation as shown in your guides (G325As included) and we send it off relatively soon then I'm guessing the forms will probably not be processed by the time I have to leave. How much does it cost to file off the initial I-129F? Are there significant costs along the way?

The cost for filing the I-129F is $170. Once that is approved, you will have fees for the Police Certificate(s), Medical Exam, the visa application itself, all of which differ depending on which consulate you will go through to get your visa. (i.e. which country).

2. I've looked at the flow chart in the guide and I'm a little confused with the timelines of entering on a K1 visa, working using an EAD application and bona-fide marriage.

Once I have left the US at the end of April I will most likely be returning again within 4-5 months if I am unsuccesful with my job applications. During this time has passed and forms have been completed and sent off by us both then the next time I enter the US would it be on a K1 visa rather than a Visa Waiver programme VWP? If so, is this when I have the 90 days 'one-shot' to get married or it's all over? Presumabley you can only be looking to work using the EAD once you are legally married within this 90 day period?

Once you are issued your K1 visa, it will be stamped in your passport and you will use that to enter the US. Yes, that is when the "90 days to get married" countdown starts. The EAD(Employment Authorization Document) is a completely different animal. Once you marry officially in the US, you must fill out a whole new set of forms (and pay the corresponding application fees) to adjust your status. This is the AOS process. Among these forms are the application for the EAD. Depending on processing times, you will get the EAD in about 4 months or so. Once you have that you will be able to legally work. You can begin looking for employment anytime once you enter the US on the K1 visa, its just that you are not allowed to legally work until you have either the temporary (2year) green-card, or the EAD.

3. Further to question 2, if for some reason I could not get to the US in the time that I wanted and I was called for an interview do I have to attend the US embassy in my country or do I physically need to travel to the US?

The interview and the subsequent granting of the visa all occurs in your home country, and you need to be there to attend the interview at the consulate.

Good luck with your 'journey'

-P

[MarkBUK 0]

Thank you all for your speedy replies and warm welcomes to me to the site!

I should've made clear in my post that my fourth point regarding the visa waiver programme is that is was just something that I had heard and wanted to bring up in this particular post and I am certainly not wishing to commit any kind of fraud. As I said we both take marriage very seriously regardless of the potential timelines and costs.

[MarkBUK 0]

Once you are issued your K1 visa, it will be stamped in your passport and you will use that to enter the US. Yes, that is when the "90 days to get married" countdown starts. The EAD(Employment Authorization Document) is a completely different animal. Once you marry officially in the US, you must fill out a whole new set of forms (and pay the corresponding application fees) to adjust your status. This is the AOS process. Among these forms are the application for the EAD. Depending on processing times, you will get the EAD in about 4 months or so. Once you have that you will be able to legally work. You can begin looking for employment anytime once you enter the US on the K1 visa, its just that you are not allowed to legally work until you have either the temporary (2year) green-card, or the EAD.

Thank you for the EAD clarification but with respect to entering on a K1 and then legally marrying what is the procedure for a temporary green-card since it is different to the EAD?