K-1 Advice

[Hollie&Greg 4]

Hi Everyone,

 

I'm wondering if anyone has a similar situation to mine and can provide me with advice or even some reassurance.

 

My partner and I met online in December 2016 and after a period of a few months we developed feelings for one and other, our situation at the time was rather complicated being that we were both in unhealthy relationships so I suppose we confined in each other and as a result, ended up falling inlove.

I have conversation histories saved from January 2017 on Line (mobile app like viber) and Facebook Messenger where we speak daily for hours, call each other for hours at a time etc. I recently traveled to the US to meet him and his family and everything was perfect and set in stone how genuinely inlove we are.  I have photos of us together etc. 

 

Anyhow, we have discussed marriage a number of times throughout our relationship (i have screenshots etc) and when I was in the United States we also discussed it.  His family also aware of our intentions.  He is a US Marine so travelling is a little difficult so he has yet to meet my family however will come in time. Although these have been discussions we have not made specific plans due to the uncertainty of processing times, nor has a ring been purchased (mainly because a ring isn't overly important to me, the commitment we have to each other in my opinion far outweighs the materialistic aspect). Is this enough? Do wedding plans actually have to be made and a ring be purchased to prove? (we're well aware we would need to get married within 90 days which is our intention). 

 

It appears the process time is fairly lengthy and it's extremely hard being separated for such long periods of time, my main question is, would it be sensible to file the first step i.e. I-129F prior to purchasing a ring and him coming here...?

I was given estimated times such as 6-8 months, however have read some statistics of it being sooner, can the process be sped up? Does your nationality have anything to do with the processing times? 

 

I really appreciate any correspondence, from anyone in a similar situation or that has been through this process already.

 

Thanks for reading and goodluck to anyone that is looking into or going for applications! 

 

Extremely stressful, especially when everything is sincere and your fate is in the hands of someone you don't know!

 

Hollie

Edited August 15, 2017 by Hollie&Greg
typo

[geowrian 22,338]

You don't need any kind of ring or firm wedding plans for USCIS. The letter of intent to marry (1 from each of you) is sufficient. It is heavily not recommended to make any firm wedding plans until the visa is in hand...processing timelines are only estimates and a case can get held up at any point. Don't make any plans/payments (flight tickets as well) that you aren't willing to miss completely. You can file the I-129F so long as you have met at least once within the past 2 years and have all documentation ready. I will just note that while an I-129F may be approved with just those requirements, the CO assesses if the relationship is bona fide. The I-129F's adjudication is taking roughly 4 months on average right now.

 

A K-1 visa is currently taking about 6-8 months on average from I-129F filing to interview. Individual cases can take a month or two less, or it can take well over a year. There is no way to speed up the process other than to avoid an RFE by making sure you provide all forms completely filled out along with all supporting documentation. An RFE typically adds a couple to several weeks to the process. The exception to those timelines is for expedites, but they are very limited and require documentation. Nationality shouldn't have an impact for the I-129F. For the interview, 1) some embassies are faster/have smaller backlogs than others, and 2) nationality does tend to play a role in scrutiny of the relationship and possibly for extended AP due to background checks.

[KULtoATL 1,551]

You already have some bonafide relationship evidence, that's a pretty good start if you guys are planning to file a I-129F  Engagement ring and concrete wedding plans are not needed for the petition filing. As long as you have met in person preceding the filing date and intended to get married, you guys can file now before he visits you and your family in Australia. 

 

And yes, the current processing times is between 6 to 8 months. To get a NOA2, it is now taking about 4 months instead of 3 months. If you guys were adjudicated in Q4 of 2016, you'd have gotten a NOA2 around 40 days, which is not the current case. 

 

This is USCIS expedite criteria: https://www.uscis.gov/forms/expedite-criteria. Unless you meet any of those, you'll probably be stuck waiting along everyone else within normal processing times. 

[Hollie&Greg 4]

Thank you both for your speedy responses! Both of you have provided some reassurance. 

Looks like we're going to start gathering everything in the next couple of weeks (we have majority of it, it's just a case of compiling it!). 

Some of the wording is most confusing!!!

[Hollie&Greg 4]

Actually, Another question, I've uploaded part 3 of the I-129F regarding the "multiple flier waiver" what on earth does this mean? My partner doesn't have any criminal convictions nor do I, therefore would have thought that this wasn't applicable, however I have read that they expect you to leave no empty spaces so have been N/A anything that doesn't apply - in this case, do we skip that section entirely (apart from the "no" checkboxes convictions obviously). 

On second thoughts.... the box that has "not applicable" ..................... i think i've been looking at this too long!! hahaha

Edited August 15, 2017 by Hollie&Greg

[geowrian 22,338]

haha Yes you have! If this is your first I-129F, then "Not applicable" is the way to go.

[Hollie&Greg 4]

Ekkk! I think I'm starting to be a worry wart... I did some more reading about some cases.. There's also a 7 year age gap between myself and Greg, being that I'm 7 years his senior. I'm 29, he's 22. Is it likely there will be any discrimination due to this?.. Although apparently I look about 23 (I'm ID'd frequently) and maturity and looks wise you'd never guess his age - he looks and acts a lot older but on paper that's obviously not visible... It seems that it's a lot more socially acceptable for men to date younger women however when the other way round.. it's frowned upon.  Should we mention anything about it when write a letter outlining our relationship? it's never been an issue for us because our outlook on life is very similar and we've not had any issues where our age gap has posed a problem.

[geowrian 22,338]

8 minutes ago, Hollie&Greg said:

Ekkk! I think I'm starting to be a worry wart... I did some more reading about some cases.. There's also a 7 year age gap between myself and Greg, being that I'm 7 years his senior. I'm 29, he's 22. Is it likely there will be any discrimination due to this?.. Although apparently I look about 23 (I'm ID'd frequently) and maturity and looks wise you'd never guess his age - he looks and acts a lot older but on paper that's obviously not visible... It seems that it's a lot more socially acceptable for men to date younger women however when the other way round.. it's frowned upon.  Should we mention anything about it when write a letter outlining our relationship? it's never been an issue for us because our outlook on life is very similar and we've not had any issues where our age gap has posed a problem.

Seven years isn't that much of an age gap. I don't know NZ's local customs, but I would assume it's nothing unusual. Typically age gaps that are a red flag are in the ~30+ year range, or maybe 20 years difference. Even then it all depends on the local culture. And a red flag is not a cause fore denial - it just means you need sufficient relationship evidence to show.

 

I personally wouldn't mention or focus on the age gap, and I don't think they will care. Focus on the relationship. Just as a note, a letter to outline the relationship isn't required, but a timeline can help either USCIS or the CO make better sense of how the relationship developed.

Edited August 16, 2017 by geowrian

[TBoneTX 46,320]

A post has been removed at the poster's request.

[Hollie&Greg 4]

Got our paperwork sent. Was received 10/13. Now the waiting game begins!!