Applying for K1 and timing

[dannosaur 11]

Hey all,

 

So I'm looking at this visa as the route me and my girlfriend want to take to get me into the US. I'm from the UK and am looking to hear from those that have successfully gone through this process and now reside in the US.

 

Specifically, I'm after information about how you timed your application with closing your life up in the UK. Those that are homeowners (which we all know isn't a quick process to sell up) how did you deal with this? I know that you ave a short(ish) window to enter the US upon approval, and you can't leave the US without permission once you've entered - so can't return to "close up" after you've entered on the visa in the first place. And that the timeline for approval can't even be estimated in that you can't pre-emptively start dealing with moving your life while the application is in process.

 

How did you decide when was the right time to start the application process? How did you deal with obtaining flights once the process was complete, and working with shipping companies to get your stuff moved over? If you had pets you needed to move over as well, I'm also very interested in hearing from you!

 

Thanks in advance

Dan

[KULtoATL 1,551]

On the I-129F stage, it takes roughly 3 months before a case is adjudicated. After NOA2 is issued to inform on the approval, it takes about a month for USCIS to forward a case to NVC and then from NVC to the respective embassy.

 

After that the beneficiary needs to go through medical checkup and schedule an interview and that can take yet another month easily. 

 

The embassy stage is the K-1. When the K-1 is approved, the beneficiary has 6 months to enter the US. Upon entering the US, the beneficiary has 90 days to marry the petitioner.

 

The 6 months should be enough buffer for you to quit your job and settle the necessary. As for home sales, not sure if 6 months is enough. However, if it's not enough, after your marriage in the US, immediately file for AOS + EAD + AP. The EAD + AP will generally be approved and issued fairly quickly. After receiving the EAD + AP combo card, you can then travel out of the US and be permitted to re-enter with the AP.

 

That's just giving you a rough idea

 

VJ K-1 guide: http://www.visajourney.com/content/k1guide

 

VJ K-1 flowchart: http://www.visajourney.com/content/k1flow

Edited April 1, 2017 by KULtoATL

[Unlockable 7,314]

If returning to your home country is important maybe you can look into the spousal visa. It gives you the ability to leave the US and return immediately instead of waiting 3 - 4 months after marriage/AOS to be granted permission.

[JessieABC 159]

Fiance Visa would restrict you from working upon entry and would require additional filing for Adjustment of status etc.

 

I guess you folks aren't married yet but if you were planning to (), Spouse visa would allow you to work upon entry and go through one process , 2 different departments making it cheaper albeit more expensive on the wallet for intermittent visitations.

 

I'm not very familiar with Fiance steps since we went with the spouse visa for its straightforward procedure .  

If you do chose the spousal visa, here are the timelines:

1. File I-130 (4-6months approximately)
2. I-130 approved and sent to NVC (another 3-4 weeks)
3. Case # Assigned, Fees Unlocked (another 2-3 weeks)
4. Mail all required documentation to NVC (2-4 weeks for documents to be entered into the system)

Now starts the waiting period and somewhere within the following is when you should start getting affairs in order.

1. NVC Review (11 weeks) 
2. Case Completed to Interview (1-2 months)
3. Interview Letter received (interview date will be one or more months out)
4. Get medical exam (you have 6 months from medical exam date to enter the us since validity of the vaccines expire after this period)
5. Interview

Technically, the above 5 steps in the process give you about 5-12 months of leeway to arrange for transition.  Even after the interview, as long as your medical doesn't expire, you still have 3+ months to "close up," look for a job in the US since you'll have the right to work once you enter, and such.

 

Hope that helps! 

Edited April 2, 2017 by JessieABC

[Scodavvyy 5]

I am experiencing a disrupted schedule and am beginning to feel the time crunch. My advice is to have things like property sales dealt with sooner rather than later. I have only 7 weeks left to enter the US before my K-1 expires and I am sitting waiting another 2-4 weeks before the buyer for my home gets there mortgage sorted out. 

 

Your K-1 visa will be valid for 6 months from the date of the medical not the date of approval at the interview. If there is any significant gap between the two you need to remember this, the expiry date will be printed on the visa. I had my medical on the 21st November but didn't have my interview till the 17th January, I wanted to travel on ESTA to spend Xmas with my fiance, and so my K-1 expires on the 21st of May.

 

We had a schedule planned out when we submitted the i-129F in April last year and had we been able to stick to it My visa would have been approved late September/early October and I'd have moved before Xmas but my father got sick and passed away just as we got to embassy received and it threw our plans into disarray. There is no such thing as planning for every eventuality, be flexible.

 

Good Luck 

[SparklePony 238]

There some flexibility when planning when to move once you receive your visa but there are so many variables in the process it can make planning difficult. Try to look into things like can you get some sort of power of attorney to someone you trust who can sign off on all paperwork to close property sales once you leave? Can you try to sell now and find someone trustworthy to stay with until you can move? If you work, how soon will your employer need a resignation note before you move? From my personal experience, international movers need a copy of your visa before they can ship your stuff to the US, but they're also flexible with packing beforehand and keeping your things in storage until you have your visa in hand - could this be an option for you?

[dannosaur 11]

Thanks everyone, some extremely useful advice here. A few things to reply to everyone;

 

@NuestraUnion, @JessieABC; Regarding the use of the K3 instead of the K1, how does that work in terms of getting married beforehand? Is this basically bypassing the whole K1 process and jumping to the second stage, so to speak...the part where you just apply for the visa and enter and that's the end of it? Can you just go on a visitor visa to get married (and use the usual "visiting friends" answer to CBP when they ask you for the purpose of your visit..while still technically true, it's bending the truth a hell of a lot), then leave to start the visa process? Or am I misunderstanding this?

 

@Scodavvyy; this is what I fear the most..not, obviously, your circumstances, but delays in general when attempting to leave the home country. I guess some things you have to play by ear and deal with whatever life throws at you at the time. You're right, you can't plan for every eventuality.

 

On the whole, it makes it seem like the K1 process is relatively quick in terms of turnaround in comparison to some of the other options, that K3 takes a bit longer but less of a hassle upon arrival.

 

@SparklePony; possibly. I've only been in contact with one removals company right now to get an idea of costs to know how much money will be needed to throw at the whole thing. As it stands, I don't know for sure if they'll do this, but definitely noted to ask them when it gets closer to the time. I don't really know anyone else in the local area, except my parents, who don't have the room. Push comes to shove I'm sure I could find a short-lease rental to live in until the time comes. I've also thought about the power of attorney idea, and, worst case scenario, I can hand it off to my parents to finish up on my behalf..I don't believe this would be an issue. And my employer has a 1 month notice for resignation, so I'm not concerned about this.

 

Edited April 2, 2017 by dannosaur
Hit save too soon....

[Unlockable 7,314]

It shouldn't be a K3 it should be a CR1. K3's are obsolete and very seldom processed now-a-days.

 

No it is not "by-passing" the K1. They are two separate visas. The K1 is a fiance visa, the Cr1 is a spouse visa. When is when you are NOT married to the beneficiary and one is when you ARE married to the beneficiary.

 

You should never lie to the border patrol. If you are coming to get married then that is what you say. Their is no bending the truth. If caught in a lie you could be banned from the US. Also, planning to use a visitor visa to enter the US to marry and stay is immigration fraud. But if you want to enter and marry, then return to your country and wait for the process to finish you can do that.

[dannosaur 11]

That's what I thought. And that is also where my concern lies. I would never want to lie to CBP (especially whereas a caught out lie would significantly impact my life plans, makes me extremely uncomfortable anyway), but even if you tell the truth ("What is the purpose of your visit?" - "To marry my girlfriend") surely that would raise some alarm bells with them? I guess if you can prove to them at the border entry point that you have every intention of returning home once it's been done then it'd be OK, but my question is then, how would one reliably convince the officer that that is the case? Is there any documentation that should be prepared to show to them at the point of entry to allieviate their fears of you staying permanently on this specific trip (maybe a completed I-130 ready to be sent or something)? I guess this is a question more for the CR1 forum...apologies if no one here can answer this.

 

My point about by-passing the first stage of the K1 was more getting at the idea that (the way I interpret this anyway) K1 is designed for you to come to the US, marry and stay (what my initial plans are to do), and I guess CR1 is for if you've married elsewhere (home country, for instance). Is that not the case?

 

Sorry for my naiivity on this, I just want to make sure I've got all the facts straight in my head and that I'm interpreting this correctly and go down the right route.

[JessieABC 159]

48 minutes ago, dannosaur said:

That's what I thought. And that is also where my concern lies. I would never want to lie to CBP (especially whereas a caught out lie would significantly impact my life plans, makes me extremely uncomfortable anyway), but even if you tell the truth ("What is the purpose of your visit?" - "To marry my girlfriend") surely that would raise some alarm bells with them? I guess if you can prove to them at the border entry point that you have every intention of returning home once it's been done then it'd be OK, but my question is then, how would one reliably convince the officer that that is the case? Is there any documentation that should be prepared to show to them at the point of entry to allieviate their fears of you staying permanently on this specific trip (maybe a completed I-130 ready to be sent or something)? I guess this is a question more for the CR1 forum...apologies if no one here can answer this.

 

My point about by-passing the first stage of the K1 was more getting at the idea that (the way I interpret this anyway) K1 is designed for you to come to the US, marry and stay (what my initial plans are to do), and I guess CR1 is for if you've married elsewhere (home country, for instance). Is that not the case?

 

Sorry for my naiivity on this, I just want to make sure I've got all the facts straight in my head and that I'm interpreting this correctly and go down the right route.

Answer to your Q:  You can provide all the paperwork in the world (employment letter stating you are expected to return to work, home ownership, titles, etc.) but the customs official have the right to turn you away in which case you would miss your own wedding.  Just depends on who you get and whether they perceive you as a potential risk.  Would you really want to take the risk of being a no-show groom? http://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html

 

K1:  Apply for spouse who is still residing outside of the US.  Once approved, your spouse will come to the US and you must marry within 90 days of the visa issuance.  Note that it is a single entry visa. Your spouse will not be able to work until she completes her adjustment of status and Employment Authorization which may take several more months.

• Pros: You can be with your spouse a few months earlier if you're lucky.  At times this process can actually exceed CR1 processing times though lately, it seems CR1 is lagging.
• Cons:  More expensive by about a grand, more processes (129F, I-485, I-130, EAD, interview, etc.), more forms/paperwork and your spouse must wait several months before having the right to employment in the states. Also, if you leave the US before Adjustment of Status is approved without applying for Advanced Parole, you forfeit your pending Adjustment of Status case meaning your fees and active case.  http://www.visajourney.com/content/k1flow

CR1: Get married outside of the US, go home, start the filing process.  Once approved and visa has been issued, your spouse books a flight and can legally work once s/he crosses the border.

• Pros: Cheaper, immediate right to employment upon US entry, less paperwork/processes (I-130, I-864+civil docs, interview)
• Cons:  Typically takes a 2-4 months longer than K1 though there are exceptions depending on case/country of origin

 

I decided to marry abroad and even then, I got a UK marriage visitor visa which only took 2 months or less for approval. I only had to take a week or so off from work since UK requires only 7 days of residence before marriage. Then i returned home and started the CR1 proceedings.  Much simpler and cheaper, also more flexible since we both have work and K1 would restrict our abilities to do so. 0 Risk.

 

Hope that sheds some light on the differences.  

Edited April 3, 2017 by JessieABC

[dannosaur 11]

Thanks for the replies everyone. Some extremely useful information here to digest. Honestly, having discussed this with my girlfriend already, we both agree that the K1 is probably the easiest, safest route to persue at this point in time (even if it is more of a money dump and restrictive in the short term post arrival). I usually think the worst in almost any scenario in life, and a part of me foresees issues with the evidence stages of the CR1 since, having applied almost immediately after getting married - to me anyway, would raise some red flags or questions/probing, which I'd rather not be subjected to.

 

From her perspective, she's more than willing to support me while the AOS/EAD paperwork goes through, and I'll be able to walk into a job in no time at all once that part is complete (I work in computing/programming...there's plenty of work!)

 

Thanks again, everyone. No doubt I'll have tons more questions along the way up to and beyond submitting the initial applications!

 

Cheers!

Dan

[NatO23 235]

15 hours ago, dannosaur said:

Thanks for the replies everyone. Some extremely useful information here to digest. Honestly, having discussed this with my girlfriend already, we both agree that the K1 is probably the easiest, safest route to persue at this point in time (even if it is more of a money dump and restrictive in the short term post arrival). I usually think the worst in almost any scenario in life, and a part of me foresees issues with the evidence stages of the CR1 since, having applied almost immediately after getting married - to me anyway, would raise some red flags or questions/probing, which I'd rather not be subjected to.

 

From her perspective, she's more than willing to support me while the AOS/EAD paperwork goes through, and I'll be able to walk into a job in no time at all once that part is complete (I work in computing/programming...there's plenty of work!)

 

Thanks again, everyone. No doubt I'll have tons more questions along the way up to and beyond submitting the initial applications!

 

Cheers!

Dan

Hey Dan,

 

I thought I'd jump in here and just share my experience of selling my house. My fiancee and I had spent a long time discussing the K1 process and if it was suitable/if we were ready before she proposed to me and we got started, but of course - once the ball was rolling, I wanted to get everything tied up over here in the UK asap, including the sale of my house. I spend a month or so doing a lot of small jobs to modernise the place and having an initial clear-out, then put it straight on the market. After a couple of months with bad luck in terms of buyers (one pulled out, one had their mortgage fall through, one found another property during the negotiation phase), I've opted for an Investor Purchase. It's not the ideal plan, as they tend to only offer you 80-90% of the market value, but if you're after a speedy completion, it's a good option as they typically say 6-8 weeks from instructing to completion. If you want to chat in more detail or want some specific recommendations, feel free to PM me. After all the initial disappointment with sales attempts, I feel quite experienced in this area now!

 

Nat

 

[dannosaur 11]

Hey Nat,

 

That's awesome, thanks for offering. No doubt I'll have many questions for you when the time comes (bookmarked this post as a reference for me when I get to that part). The Investor Purchase option does indeed offer a safety barrier, though I'm pretty certain that when this house goes on the market it'll get snapped up pretty quickly - 3 bed semi for less than £100k, but it's always good to know there's an alternative way to shift it quickly if needs must.

 

Thank you again!

 

Dan