K1 visa questions (split)

[ceisenbruch 53]

I'm slowly making my way through this thread to see if my question has been answered, and also other threads; if i find what i'm looking for, i'll edit this post!

I submitted my paperwork Jul 31 (2016) and received my receipt notice (is that NOA1? IDK!!) Aug 5. Before I submitted my paperwork, the filing times were 3-4 months. I checked after i received that notice, and now it's up to 5 months. This affects our plans, as my fiance was going to move at the end of the year, right before the holidays, as i wanted to spend them and my birthday with him.

So, my conundrum is the following. If he visits instead, how do we go about legally getting him in and out of the country on the K-1? He can legally visit for up to 3 months on the ESTA, since he's coming from the UK, but does he have to fly to London and then back to Los Angeles (where I live) in order to properly return on the correct visa? Do they send his visa to his UK address? Basically I'm operating under the assumption that his K-1 will be approved by early January, so it's literally a difference of a few weeks. It's going to really suck having to pay for what amounts to an extra round trip flight if that's the case, so I just want to know what our options are (if we have any).

[lost_at_sea 995]

I'm slowly making my way through this thread to see if my question has been answered, and also other threads; if i find what i'm looking for, i'll edit this post!

I submitted my paperwork Jul 31 (2016) and received my receipt notice (is that NOA1? IDK!!) Aug 5. Before I submitted my paperwork, the filing times were 3-4 months. I checked after i received that notice, and now it's up to 5 months. This affects our plans, as my fiance was going to move at the end of the year, right before the holidays, as i wanted to spend them and my birthday with him.

So, my conundrum is the following. If he visits instead, how do we go about legally getting him in and out of the country on the K-1? He can legally visit for up to 3 months on the ESTA, since he's coming from the UK, but does he have to fly to London and then back to Los Angeles (where I live) in order to properly return on the correct visa? Do they send his visa to his UK address? Basically I'm operating under the assumption that his K-1 will be approved by early January, so it's literally a difference of a few weeks. It's going to really suck having to pay for what amounts to an extra round trip flight if that's the case, so I just want to know what our options are (if we have any).

The visa is placed in his passport, so he'll have to be in the UK to receive it, anyway. At the interview they will keep his passport for a few days to issue the visa, then return it to him. So, the extra round trip is unavoidable.

He will also have to attend a medical appointment prior to interview and submit additional documents. Have you read the K1 guide?

Edited August 24, 2016 by lost_at_sea

[ceisenbruch 53]

The visa is placed in his passport, so he'll have to be in the UK to receive it, anyway. At the interview they will keep his passport for a few days to issue the visa, then return it to him. So, the extra round trip is unavoidable.

He will also have to attend a medical appointment prior to interview and submit additional documents. Have you read the K1 guide?

Ok, that's pretty much what i thought.

Yes, I have read the guide! But i was still a little fuzzy on the timeline after the interview. I thought they mailed the visa at an indeterminate time after the interview. I didn't realize he would receive the visa at the interview, if he was approved. I guess my question is moot if that's the case, lol. Thank you!

[lost_at_sea 995]

Ok, that's pretty much what i thought.

Yes, I have read the guide! But i was still a little fuzzy on the timeline after the interview. I thought they mailed the visa at an indeterminate time after the interview. I didn't realize he would receive the visa at the interview, if he was approved. I guess my question is moot if that's the case, lol. Thank you!

He won't get the visa on the spot on the interview - they usually tell you if you are approved, take the passport and courier it back a few days later, after a couple more bits of paper shuffling behind the scenes. Sometimes people get approved, but then their case sits in additional processing for a while. It IS unpredictable, in that the timelines can vary from person to person, case to case, which is why this forum will recommend that you don't book un-changeable flights etc. until the passport with visa in it is back in the persons possession.

After you get your petition approved (I-129f, NOA2), there's some more paper shuffling and his bit of work on the UK side will take 2 - 5 months, all in all, depending on how fast you are at returning bits of paper, gathering the required documents and booking the medical (both the medical and interview occur in London, weeks apart).

[Dutchster 1,107]

I'm slowly making my way through this thread to see if my question has been answered, and also other threads; if i find what i'm looking for, i'll edit this post!

I submitted my paperwork Jul 31 (2016) and received my receipt notice (is that NOA1? IDK!!) Aug 5 Yes this is NOA1. Before I submitted my paperwork, the filing times were 3-4 months. I checked after i received that notice, and now it's up to 5 months. USCIS always gives 5 months timeline to approve a petition. They will adjudicate it within five months. This affects our plans, as my fiance was going to move at the end of the year, right before the holidays, as i wanted to spend them and my birthday with him. Unfortunately, after you submitted the petition, you're basically their puppet and you can not make plans until the petition is approved and the visa is granted at the Embassy/Consulate stage.

So, my conundrum is the following. If he visits instead, how do we go about legally getting him in and out of the country on the K-1? He can legally visit for up to 3 months on the ESTA, since he's coming from the UK, but does he have to fly to London and then back to Los Angeles (where I live) in order to properly return on the correct visa? Do they send his visa to his UK address? Basically I'm operating under the assumption that his K-1 will be approved by early January, so it's literally a difference of a few weeks. It's going to really suck having to pay for what amounts to an extra round trip flight if that's the case, so I just want to know what our options are (if we have any).

He can visit you during the K1 pending for approval on an ESTA. However, he has to be in the UK to attend the medical and later the interview (sometimes one week prior interview you will have your medical) and at the interview, if approved, they keep the passport and it will be send back to his UK adress and he can fly to Los Angeles to be with you. However, it's up to the CBP officer if he lets him through or not. During K1, it can be a risk to travel but not prohibited. I suggest he visits during the USCIS stage but remains on his UK adress when the approved petition is send to the London Embassy/Consulate.

Edited August 24, 2016 by stephadams

[ceisenbruch 53]

He won't get the visa on the spot on the interview - they usually tell you if you are approved, take the passport and courier it back a few days later, after a couple more bits of paper shuffling behind the scenes. Sometimes people get approved, but then their case sits in additional processing for a while. It IS unpredictable, in that the timelines can vary from person to person, case to case, which is why this forum will recommend that you don't book un-changeable flights etc. until the passport with visa in it is back in the persons possession.

After you get your petition approved (I-129f, NOA2), there's some more paper shuffling and his bit of work on the UK side will take 2 - 5 months, all in all, depending on how fast you are at returning bits of paper, gathering the required documents and booking the medical (both the medical and interview occur in London, weeks apart).

oh gosh, that makes it worse. So he may not even be able to book a visit, if his interview is around that time, since he won't know when he'll get his passport back?

i guess it doesn't help i'm working on an extremely hypothetical timeline (i'm using the data here and the processing time listed on the CSC's site, which was 5 months) so i guess i really am stuck in a "wait and see" scenario.

thank you!

[lost_at_sea 995]

oh gosh, that makes it worse. So he may not even be able to book a visit, if his interview is around that time, since he won't know when he'll get his passport back?

i guess it doesn't help i'm working on an extremely hypothetical timeline (i'm using the data here and the processing time listed on the CSC's site, which was 5 months) so i guess i really am stuck in a "wait and see" scenario.

thank you!

That's right. It's annoying! Maybe you could go visit him around then and help him pack, instead?

Sadly, "hypothetical timeline" is sort of the tagline for things around here - dealing with US immigration is unfortunately hard to pin down, time wise. You'll get used to it!

[ceisenbruch 53]

That's right. It's annoying! Maybe you could go visit him around then and help him pack, instead?

Sadly, "hypothetical timeline" is sort of the tagline for things around here - dealing with US immigration is unfortunately hard to pin down, time wise. You'll get used to it!

yeah, i'm beginning to realize that may be what has to happen, though he's just going to pay a company to pack/ship his stuff, lol. our personal timeline is very forgiving, it doesn't really matter when he moves here, i'd just hoped to have him here for my b-day and Christmas. Buuut looks like i picked the wrong time to file paperwork for that to happen!

[Boiler 45,466]

If he is here now he can just adjust status, sounds like he does not have anything to rush back for.

[Nich-Nick 3,354]

yeah, i'm beginning to realize that may be what has to happen, though he's just going to pay a company to pack/ship his stuff, lol. our personal timeline is very forgiving, it doesn't really matter when he moves here, i'd just hoped to have him here for my b-day and Christmas. Buuut looks like i picked the wrong time to file paperwork for that to happen!

You set your own timeline when the case gets to London. You pick the medical date and interview date. Pick something for February. He visits for Christmas on visa waiver as he always has and pursues the London stuff when he gets back. It's the uncertainty of getting it all in before the holidays which is a problem. Delaying is not.

[ceisenbruch 53]

You set your own timeline when the case gets to London. You pick the medical date and interview date. Pick something for February. He visits for Christmas on visa waiver as he always has and pursues the London stuff when he gets back. It's the uncertainty of getting it all in before the holidays which is a problem. Delaying is not.

fair, this may end up happening if I don't get my NOA2 by early Oct. not so sore about it. didn't realize i could delay in the middle, the whole process kinda swept away with me i've definitely been lurking on the England forums too and send my fiance your whole thread about the London interview process, thank you so much for that!

[Nich-Nick 3,354]

fair, this may end up happening if I don't get my NOA2 by early Oct. not so sore about it. didn't realize i could delay in the middle, the whole process kinda swept away with me i've definitely been lurking on the England forums too and send my fiance your whole thread about the London interview process, thank you so much for that!

That thread is shakey at best. I can't edit it. London changed their entire website so links changed. The process changed to book your own appointment in May so no more waiting on an appointment letter. The official London Instructions are here https://uk.usembassy.gov/visas/fiancee-2/ Read all the Links at the top. The one called Applying for the Visa gives steps to follow for paperwork. You decide when you want to follow those steps. There is no problem with stalling a bit.