Newbie - Preparing to apply for K1 Petition (UK Beneficiary) - Comments on our circumstances please..?

[UK1984 1]

Hi Guys, 

 

Firstly, I would like to apologise in advance for the length of this post! I thought it would be best to include my entire scenario in order for you all to have clear picture of our individual case to make relevant comments...

 

I stumbled across this forum in my search for answers to the million questions my partner and I have regarding the preparation of our K1 petition! Having read soooo many case studies and scenarios across the web, it's pretty daunting and we are naturally very anxious about covering all bases and doing it all right! I would be grateful for any comments and suggestions you may have based on our circumstances, and how we can override any potential red flags... 

 

OK, allow me to provide our background info. I am the British beneficiary, (33, wife to be) and my partner is the US citizen (43, husband to be!) :

 

My partner and I met overseas in August this year; granted, not that long ago when viewed upon by many. He was working on a project there and I was visiting family there on holiday. We bumped into each other at a restaurant bar one evening when we were each paying our bills, got chatting, and immediately hit it off. We have been inseparable ever since. Having got to know each other during the handful of remaining days left overseas together, and after an emotional goodbye at the airport, our relationship has gone from strength to strength since returning to our home countries. Naturally, the distance is a killer, but in a way it seems to have made us even closer. It's almost like an aching feeling the want of being together, the excitement of getting a moment to talk to each other, the anticipation finding out all about each other's day, etc - perhaps even more so than if we were actually physically together. It means that it is always so special and meaningful. Trying to grasp any opportunity to be together, I flew out to visit him in the States for 10 days at the end of October and I returned home at the beginning of this month. The idea of being separated again was just heart crushing, so it was during this trip that we decided that we want to marry and pave the way to be together properly and build a new life together. 

 

We both share very similar background experiences, one of many reasons for our strong connection. We have both been married before, my fiance once to a US citizen for 14 years where they share 2 beautiful daughters, 11 & 19. They have been divorced for about 4 years now. Myself married twice before where I worked overseas at the time, both to locals. My first marriage of 7 years and now 11 year old daughter together, my second marriage of 5 years and a 4 year old daughter together. Although of course separated, my divorce for my last marriage is still ongoing and estimated to be finalised within the next month. There was never really any urgency before, but obviously having met my partner, this is my biggest priority to formally terminate the marriage and I have full cooperation from my soon to be ex-husband. This was a muslim marriage conducted in the country I resided in for 10 years due to work, (the only marriage allowed in this country, hence no other choice), so the proceedings for divorce are very quick and straightforward. I personally follow no religion, as does my partner. 

 

Among other things, having shared in common very rocky childhoods and unpleasant marriages, being together has enabled us to really open up and talk about our past insecurities, the repercussions it had on our feelings of loneliness, emptiness and self-doubt. Albeit a seemingly short time together, it has really allowed us to console one other for the first time, and it is in this that we believe we have really 'found' each other - as cliche as it sounds! It has really been so uplifting for both of us and proven against our past skepticism that there really is a partner somewhere out there just waiting to be found. Given we also first met outside of our own home countries with an even smaller chance of finding each other, has solidified that belief too. We have simply found happiness, drive and completion in each other, and our past life experiences has given us the maturity and wisdom to fully believe that we are making the right decision and are more than ever ready for this. 

 

Lost in the excitement of the prospect of getting married, the bureaucracy and understandably meticulous process involved to make this happen hadn't initially dawned on us, hence, this is where we are at now and the reason for stumbling across this forum.  Having delved into as much research as we could possibly do to figure out a way to miraculously make this happen, the lengthy processing times and the fact that we can't be together during that time were a huge shock to us both. The idea of still having to be apart for what could be 6-8 months is utterly heart wrenching, but in a sensible frame of mind of course a small price to pay to ensure a way for us to really move forward to build a life together in the States. 

 

We were planning for me to visit my partner in the States again mid December to celebrate Xmas and New Year together for 3 weeks, where my 4 year old daughter will accompany me this time (He has met her previously during our initial meeting overseas). My 4 year old would be moving to the States with me when Will and I marry (her father is very supportive for her to do so), my eldest daughter from my first marriage will not as she lives with her father overseas. A mutually and amicably agreed arrangement between her father and I, not through the courts. 

 

It is during my trip to the States in December that we plan to file the K1 Fiance Petition, as having now understood the processing times just to be PERMITTED to marry, we don't want to waste a moment longer and just want to get the ball rolling. I understand that we can do this whilst I am in the States on my ESTA (obviously I'll be leaving at the end of my trip), however I wouldn't be able to come back and visit him afterwards while the visa is processing unless i can provide enough evidence to convince the border control otherwise, but I'm hesitant to take that risk and mess everything up for the K1 visa! Presumably though, he would be able to come and visit me in the UK over this time, or we could meet elsewhere for a vacation together (Caribbean, Italy, etc?). We are trying to plan meeting trips in a way that we can still physically spend time together at some point during the many months of processing. Just the idea of it all is sole destroying though.  

 

Given the nature of our situation, there are naturally endless questions in our minds about the chances of being granted the K1 visa, particularly due to our 'short' relationship. In anyone's experience here, would you say that we have a very good chance of getting it? It's all so daunting and I can't think of anything else. Perhaps the worst thing to do, but I have also done a lot of research into examples of refused cases which has sent my mind into overdrive. Here are my concerns:

 

• Short relationship - we have been together since August 2017. By the time we file for the petition in December, that'll be 4 months. 
   
• EVIDENCE:

• • Obviously we have photos together, just a couple from our time together overseas though, plenty from my trip to the states. 
  • Since ALL of our long distance communication has been via Whatsapp or Facetime, etc, we won't be able to produce telephone bill records, email logs etc, that has been suggested. We do of course still have ALL of our Whatsapp conversations on our phone, but can this even be used?? Will is not on Facebook, but I have posted photos of us together on mine, so presumably I could also print that off..?
  • I have postal receipts of cards/gifts that I have sent to him from the UK over this time. He has a postcard from me too that I sent from overseas when he departed before me during our initial meeting. 
  • Passport stamps, printable e tickets / boarding cards from our trips (initial meeting trip, and my trip to him in the States) that would show we are in the same country at the same time. 
  • Receipts - I won't have any credit card receipts to prove my time in USA as I paid everything with cash, just as I always do when I travel (to save on the bank exchange rate!). I didn't even think to keep cash receipts from when i was in the states for restaurants etc, but I don't see how that would prove i was together with him anyway? He will have of course have bar & restaurant bills on his credit card statement, but again, how would that even prove he was with ME? 
  • My ESTA has him and his address as my primary USA contact, if this would help?
  • Engagement - as unromantic as it may sound, there was no flamboyant proposal or anything like that. Just 2 people in love and the want to be together and sharing the same view to build a new life together. Could this be taken negatively?
  • Wedding plans - with the uncertainty of the processing times, it seems near impossible to even plan a wedding ahead of time. With the pressure of the 90 day time frame and not even knowing when that would be, our vision is to have a small, intimate and meaningful ceremony to us. We just want to be together with our children, neither of us have a desire to be over the top and waste money, but just be practical to build foundations together. Our passion is to build lifelong experiences and memories together. Again, would this come across to the assessors as not legitimate?
  • Past marriages - I have read that this can be taken as a negative factor? Given that both our past marriages were over a period of several years, with children etc, presumably they would be seen as legitimate and just one of life's past chapters and not a concern..?
  • Children - Again, I have read that children from past marriages can be considered in a negative manner? As i mentioned above, my 4 year old would be joining me to the states. My 11 year old from my first marriage will remain with her father overseas, as per the existing arrangements have been for 5 years already (we have daily video contact and fantastic relations though). Would this pose as a problem?
  • Employment/Finances - To begin with, he would be the only person raising an income. My last formal employed job was in 2013, where I left to raise my last baby at the time overseas. I will not even have salary slips etc for this as I worked for my ex-husbands company (2009-2013) and didn't actually get paid a salary as I was naturally just part of the business, although not by shares. (This is complete naivety and stupidity on my part and one of my biggest regrets to date!). I moved back to the UK in 2014 where I continued to provide home administrative & communication support to my ex-husband's new business start up, again nothing formally on paper and nothing paid. He has agreed to pay me child support of GBP £1,500 per month once the divorce is settled, an amicable arrangement outside of court. Would it help if he provides a signed letter for that? I have a background in travel, tour operations and hospitality and plan to pursue that avenue for employment as soon as I am granted eligibility to work in the States. (I don't have a degree). Until then, I couldn't provide any financials of my own. What would be your comments on this?
     

• Past Muslim marriages - both of my past marriages were conducted overseas in an islamic country where I worked and met my then local partner's (100% Muslim country), so the marriages were Islamic. I follow no religion, my partner too, and is certainly of no concern for our own wedding. But would for any reason my past muslim marriage raise any problems for the visa?

 

With all the pressures of having to prove that a couple's relationship is bona fide, it almost feels like you have to put on a show and force yourself to do things to make everything look textbook legitimate. The last thing we want is for all the bureaucracy take the joy and organic shaping into how we would like our relationship and wedding ceremony to be. Do you think we have anything to be concerned about taking all into consideration? Needless to say, this is completely new to us and we just want to make sure that we do everything right, get this tedious and unpleasant process over with, and be together. 

 

Thanks so much for taking the time to read all of this, and I welcome your comments :-)

 

 

 

 

Edited November 16, 2017 by UK1984

[TransplantUSA 167]

Welcome! 

You should be absolutely fine. UK is a low fraud country. You’re not asked to provide financials, only the US citizen. Your proof is good (passport stamps, boarding tickets and photos (max 20)) and a few select conversations from each month should suffice. 

 

The waiting is terrible. I filed in June this year and I’m still waiting to hear back about our petition. 

 

I wish you all the best for your future. As soon as you’ve filed, make sure you join your months forum!  

[UK1984 1]

Thank you so much for your reply emylady. My biggest concern is the 'short' time we have been together I suppose. It's impossible not to scare yourself thinking of all the 'what if's'... fingers crossed!

 

Best of luck with your application too! Gosh, what a long time already.. it's soul destroying! Will keep my eyes peeled for how you get on..cant be long now!!

 

xx

[Boiler 45,911]

It will be a longer time by the point you get to the interview.

 

Admittedly I only scanned your post as most f it seemed to be irrlevant to the subject in hand but having lived and being Married in Muslim countries stuck out, might make the background check process longer.

 

Nothing you can do until you are divorced so plenty of time to read up on the process.

[John & Rose 7,239]

50 minutes ago, Boiler said:

It will be a longer time by the point you get to the interview.

Yes!  LOL  Sad but true.  They get to add another 8 to 10 months before the interview.  I wasn't sure if I wanted to laugh or cry at that comment!

[Wuozopo 4,293]

Needed from your long list:

• Obviously we have photos together, just a couple from our time together overseas though, plenty from my trip to the states. 
• Passport stamps, printable e tickets / boarding cards from our trips (initial meeting trip, and my trip to him in the States) that would show we are in the same country at the same time. 
• Past marriages - I have read that this can be taken as a negative factor? No, but you need all final divorce decrees with English translations sign by the translator.
• Children - Again, I have read that children from past marriages can be considered in a negative manner? As i mentioned above, my 4 year old would be joining me to the states. Not a problem, but the embassy in London will want something signed from the parent saying he is okay with the child moving to the US. Typically it would be counter signed by a solicitor since notaries are not generally available everywhere in the U.K.

Extra security background checks possible:

•  Past Muslim marriages - both of my past marriages were conducted overseas in an islamic country where I worked and met my then local partner's (100% Muslim country), so the marriages were Islamic.

The rest you described is not part of immigration law. The rules are specified and the rest of your "What will they think?" worries are a little much. You have to be fee to marry but there is nothing that says how long that has to be. Your overseas job or pay is not a factor. You can visit, and even if turned away because you went too often, it doesn't keep you from getting the visa if you meet the requirements.

 

Read the actual requirements from the source.

Petition https://www.uscis.gov/i-129f

Visa https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/

 

[TransplantUSA 167]

1 hour ago, UK1984 said:

Thank you so much for your reply emylady. My biggest concern is the 'short' time we have been together I suppose. It's impossible not to scare yourself thinking of all the 'what if's'... fingers crossed!

 

Best of luck with your application too! Gosh, what a long time already.. it's soul destroying! Will keep my eyes peeled for how you get on..cant be long now!!

 

xx

Love doesn’t have a timeframe. When you know, you just know! I wouldn’t worry about it at all. Read up on the process and have pretty much everything ready to start as soon as your divorce comes through.

 

What Boiler mentioned could happen, the background could take longer should any hits occur but we all have that possibility. 

 

My VJ timeline is looking towards the beginning of December for potential movement but who knows when we’ll actually hear something. I’m currently just downsizing my belongings and making sure I’m ready for the next steps! 

 

Many find comfort in the monthly filer forums, we are like a big family! I’ll be sure to follow the December forum to see when you’ve posted your petition!   

[eastcoastgroove 329]

Just to ease your fears on length of time knowing each other, I met my now- husband last August (chance meeting, no previous online relationship) and we filed 6 months later in February.  We would have filed sooner, but like you, I was in the process of getting a divorce (it went through at the end of January and we filed a few weeks after).   Just make sure the divorce has actually gone through before you file the petition, and that you provide the divorce certificates for all marriages (yours and his).  I was worried it would "look bad" filing so close to my divorce, but I'm also from a low fraud country (Canada) and it was no problem.  I had more visits in before filing than you will, but again, coming from a low fraud country I don't think it should matter.  

 

I visited the USA twice during the process and wasn't turned away.  I was always nervous and had evidence of my return (letter from job, evidence of return flight booked) but they never asked for it.  I was once asked for the NOA2 (after explaining I was in the visa process) but that was it.   

Edited November 16, 2017 by eastcoastgroove

[yuna628 9,697]

3 hours ago, UK1984 said:

Hi Guys, 

 

Firstly, I would like to apologise in advance for the length of this post! I thought it would be best to include my entire scenario in order for you all to have clear picture of our individual case to make relevant comments...

 

I stumbled across this forum in my search for answers to the million questions my partner and I have regarding the preparation of our K1 petition! Having read soooo many case studies and scenarios across the web, it's pretty daunting and we are naturally very anxious about covering all bases and doing it all right! I would be grateful for any comments and suggestions you may have based on our circumstances, and how we can override any potential red flags... 

 

OK, allow me to provide our background info. I am the British beneficiary, (33, wife to be) and my partner is the US citizen (43, husband to be!) :

 

My partner and I met overseas in August this year; granted, not that long ago when viewed upon by many. He was working on a project there and I was visiting family there on holiday. We bumped into each other at a restaurant bar one evening when we were each paying our bills, got chatting, and immediately hit it off. We have been inseparable ever since. Having got to know each other during the handful of remaining days left overseas together, and after an emotional goodbye at the airport, our relationship has gone from strength to strength since returning to our home countries. Naturally, the distance is a killer, but in a way it seems to have made us even closer. It's almost like an aching feeling the want of being together, the excitement of getting a moment to talk to each other, the anticipation finding out all about each other's day, etc - perhaps even more so than if we were actually physically together. It means that it is always so special and meaningful. Trying to grasp any opportunity to be together, I flew out to visit him in the States for 10 days at the end of October and I returned home at the beginning of this month. The idea of being separated again was just heart crushing, so it was during this trip that we decided that we want to marry and pave the way to be together properly and build a new life together. 

 

We both share very similar background experiences, one of many reasons for our strong connection. We have both been married before, my fiance once to a US citizen for 14 years where they share 2 beautiful daughters, 11 & 19. They have been divorced for about 4 years now. Myself married twice before where I worked overseas at the time, both to locals. My first marriage of 7 years and now 11 year old daughter together, my second marriage of 5 years and a 4 year old daughter together. Although of course separated, my divorce for my last marriage is still ongoing and estimated to be finalised within the next month. There was never really any urgency before, but obviously having met my partner, this is my biggest priority to formally terminate the marriage and I have full cooperation from my soon to be ex-husband. This was a muslim marriage conducted in the country I resided in for 10 years due to work, (the only marriage allowed in this country, hence no other choice), so the proceedings for divorce are very quick and straightforward. I personally follow no religion, as does my partner. 

 

Among other things, having shared in common very rocky childhoods and unpleasant marriages, being together has enabled us to really open up and talk about our past insecurities, the repercussions it had on our feelings of loneliness, emptiness and self-doubt. Albeit a seemingly short time together, it has really allowed us to console one other for the first time, and it is in this that we believe we have really 'found' each other - as cliche as it sounds! It has really been so uplifting for both of us and proven against our past skepticism that there really is a partner somewhere out there just waiting to be found. Given we also first met outside of our own home countries with an even smaller chance of finding each other, has solidified that belief too. We have simply found happiness, drive and completion in each other, and our past life experiences has given us the maturity and wisdom to fully believe that we are making the right decision and are more than ever ready for this. 

 

Lost in the excitement of the prospect of getting married, the bureaucracy and understandably meticulous process involved to make this happen hadn't initially dawned on us, hence, this is where we are at now and the reason for stumbling across this forum.  Having delved into as much research as we could possibly do to figure out a way to miraculously make this happen, the lengthy processing times and the fact that we can't be together during that time were a huge shock to us both. The idea of still having to be apart for what could be 6-8 months is utterly heart wrenching, but in a sensible frame of mind of course a small price to pay to ensure a way for us to really move forward to build a life together in the States. 

 

We were planning for me to visit my partner in the States again mid December to celebrate Xmas and New Year together for 3 weeks, where my 4 year old daughter will accompany me this time (He has met her previously during our initial meeting overseas). My 4 year old would be moving to the States with me when Will and I marry (her father is very supportive for her to do so), my eldest daughter from my first marriage will not as she lives with her father overseas. A mutually and amicably agreed arrangement between her father and I, not through the courts. 

 

It is during my trip to the States in December that we plan to file the K1 Fiance Petition, as having now understood the processing times just to be PERMITTED to marry, we don't want to waste a moment longer and just want to get the ball rolling. I understand that we can do this whilst I am in the States on my ESTA (obviously I'll be leaving at the end of my trip), however I wouldn't be able to come back and visit him afterwards while the visa is processing unless i can provide enough evidence to convince the border control otherwise, but I'm hesitant to take that risk and mess everything up for the K1 visa! Presumably though, he would be able to come and visit me in the UK over this time, or we could meet elsewhere for a vacation together (Caribbean, Italy, etc?). We are trying to plan meeting trips in a way that we can still physically spend time together at some point during the many months of processing. Just the idea of it all is sole destroying though.  

 

Given the nature of our situation, there are naturally endless questions in our minds about the chances of being granted the K1 visa, particularly due to our 'short' relationship. In anyone's experience here, would you say that we have a very good chance of getting it? It's all so daunting and I can't think of anything else. Perhaps the worst thing to do, but I have also done a lot of research into examples of refused cases which has sent my mind into overdrive. Here are my concerns:

 

• Short relationship - we have been together since August 2017. By the time we file for the petition in December, that'll be 4 months. 
   
• EVIDENCE:

• • Obviously we have photos together, just a couple from our time together overseas though, plenty from my trip to the states. 
  • Since ALL of our long distance communication has been via Whatsapp or Facetime, etc, we won't be able to produce telephone bill records, email logs etc, that has been suggested. We do of course still have ALL of our Whatsapp conversations on our phone, but can this even be used?? Will is not on Facebook, but I have posted photos of us together on mine, so presumably I could also print that off..?
  • I have postal receipts of cards/gifts that I have sent to him from the UK over this time. He has a postcard from me too that I sent from overseas when he departed before me during our initial meeting. 
  • Passport stamps, printable e tickets / boarding cards from our trips (initial meeting trip, and my trip to him in the States) that would show we are in the same country at the same time. 
  • Receipts - I won't have any credit card receipts to prove my time in USA as I paid everything with cash, just as I always do when I travel (to save on the bank exchange rate!). I didn't even think to keep cash receipts from when i was in the states for restaurants etc, but I don't see how that would prove i was together with him anyway? He will have of course have bar & restaurant bills on his credit card statement, but again, how would that even prove he was with ME? 
  • My ESTA has him and his address as my primary USA contact, if this would help?
  • Engagement - as unromantic as it may sound, there was no flamboyant proposal or anything like that. Just 2 people in love and the want to be together and sharing the same view to build a new life together. Could this be taken negatively?
  • Wedding plans - with the uncertainty of the processing times, it seems near impossible to even plan a wedding ahead of time. With the pressure of the 90 day time frame and not even knowing when that would be, our vision is to have a small, intimate and meaningful ceremony to us. We just want to be together with our children, neither of us have a desire to be over the top and waste money, but just be practical to build foundations together. Our passion is to build lifelong experiences and memories together. Again, would this come across to the assessors as not legitimate?
  • Past marriages - I have read that this can be taken as a negative factor? Given that both our past marriages were over a period of several years, with children etc, presumably they would be seen as legitimate and just one of life's past chapters and not a concern..?
  • Children - Again, I have read that children from past marriages can be considered in a negative manner? As i mentioned above, my 4 year old would be joining me to the states. My 11 year old from my first marriage will remain with her father overseas, as per the existing arrangements have been for 5 years already (we have daily video contact and fantastic relations though). Would this pose as a problem?
  • Employment/Finances - To begin with, he would be the only person raising an income. My last formal employed job was in 2013, where I left to raise my last baby at the time overseas. I will not even have salary slips etc for this as I worked for my ex-husbands company (2009-2013) and didn't actually get paid a salary as I was naturally just part of the business, although not by shares. (This is complete naivety and stupidity on my part and one of my biggest regrets to date!). I moved back to the UK in 2014 where I continued to provide home administrative & communication support to my ex-husband's new business start up, again nothing formally on paper and nothing paid. He has agreed to pay me child support of GBP £1,500 per month once the divorce is settled, an amicable arrangement outside of court. Would it help if he provides a signed letter for that? I have a background in travel, tour operations and hospitality and plan to pursue that avenue for employment as soon as I am granted eligibility to work in the States. (I don't have a degree). Until then, I couldn't provide any financials of my own. What would be your comments on this?
     

• Past Muslim marriages - both of my past marriages were conducted overseas in an islamic country where I worked and met my then local partner's (100% Muslim country), so the marriages were Islamic. I follow no religion, my partner too, and is certainly of no concern for our own wedding. But would for any reason my past muslim marriage raise any problems for the visa?

 

With all the pressures of having to prove that a couple's relationship is bona fide, it almost feels like you have to put on a show and force yourself to do things to make everything look textbook legitimate. The last thing we want is for all the bureaucracy take the joy and organic shaping into how we would like our relationship and wedding ceremony to be. Do you think we have anything to be concerned about taking all into consideration? Needless to say, this is completely new to us and we just want to make sure that we do everything right, get this tedious and unpleasant process over with, and be together. 

 

Thanks so much for taking the time to read all of this, and I welcome your comments :-)

 

 

 

 

Hi OP, that's a lot of text but hopefully this will put some of your mind at ease.

 

Firstly, you can't do much without making that divorce final so that will have to be your priority. You're also going to likely need documentation of the father's permission for any children to move with you. Both you and child will need to ensure passports and vaccinations are up to date when the time comes, but that will be a long time from now. You'll also need to make sure you have proof of any divorces you both have had and translations if it needs it.

 

Keep in mind the standard processing time of six months doesn't always reflect reality. It may be longer than that, it may even be shorter than that. Once out of that phase you will still have the rest to go, so additional time will be tacked onto that. There is always backlog. As Boiler has mentioned the fact you have lived in Middle East countries and married there may have the potential to cause additional scrutiny or delay, but there's not much you can do about that fact. The distance is always hard for people in LDRs, but the fact is it can be good in some ways, to allow for additional time to plan your future and get to know each other better. You have met and committed to marrying very quickly, so it cannot hurt. Expect it to take a long time, and be happy if it doesn't take as long as you thought.

 

Now to the other points: Photos are considered secondary evidence. So while you have some, you'll need to provide other items that are considered better test of proof. In terms of receipts, well, we certainly used them. We tend to pay cash too, but we provided receipts of dinner and a movie for two, and photographs of us at the table and outside the theater to back that up. We had photos at specific landmarks and events as well which had matching receipts. As you are planning to meet up before you file, focus on that small amount of time to gather evidence like that, which you could include. Do you have an engagement ring/receipt? Remember please do not provide originals of anything, it needs to be photocopies.

 

Passport stamps, boarding passes are all great. Include those.

 

Wedding plans. None of this factors into the K1 process. I suppose you might get an interviewer at the Embassy that could ask, but it still doesn't factor into anything. They do not care what your plans are in HOW you're getting married. They only care that you will get married. Some people get married at a courthouse and that's it. As for planning a wedding, well... we certainly did! There was no way we were going to let the government dictate to us how our wedding should be because of crazy timeframes. It can be done, but it is difficult and not for the faint of heart. Typically I would advise a person to not bother with planning (the government advises not to plan either) if it will provide them a source of additional stress and logistical nightmares. However, keep in mind that once you obtain the visa in hand, you do have six months from the date of the medical to actually enter the USA. That does leave plenty of time to plan something if something larger was wanted. Other couples have courthouse weddings and then have a bigger ceremony sometime down the road once the paperwork to adjust status is complete, after the marriage.

 

Working and financials: Firstly, the burden to sponsor you and child is on the US citizen fiancé. They won't care about your financials unless you intend to self-sponsor (which is allowable in some situations). If your fiancé has children in his household that will also need to be factored in. So the question will be does he make enough to sponsor you? If not, a co-sponsor is allowed. When you enter the US on your visa and marry, you will not be allowed to work or travel until you apply for adjustment of status (AOS) + the work permit (EAD) + travel permit (AP). That can take up to 90-120 to obtain the work/travel permit, and up to a year for the green card to be complete. Savings can be helpful of course to see you through that time, where you'd be relying on one income. The additional financial burden will come to your new family in the form of health insurance. Immigrants are eligible, and insurance is expensive... so that's something to consider.

 

Anything else to consider is if you have anything that will make things complicated - such as prior criminal history or drug use. Follow the guides here, and make efficient use of your visit to get face-to-face evidence. We never provided them a stitch of our ten years LDR worth of texts/emails. As far as visiting goes - you are allowed to visit while the K1 is processing - the burden of proof to visit is exactly the same. If you should get denied and sent back, it has no bearing on your K1. I'd advise you to study up more about how to file the paperwork, especially if the child is coming along, and make sure you really do have all required documents before filing. Then head over to the UK forum and review the stickied thread about preparing for the rest of the process after filing.

[AnaUmo 419]

4 hours ago, UK1984 said:

Short relationship - we have been together since August 2017. By the time we file for the petition in December, that'll be 4 months. 

The length of your relationship will not be too questionable as long as you can provide proof genuine and mutual feelings between both you and the consent to marry each other under good faith. The furthest I can see the scrutiny of your relationship going would be during the interview very personal questions might be raised on how much you know your partner and such. Also I would front-load (just a little) on your petition with pictures of both you with your families and such.

 

4 hours ago, UK1984 said:

I understand that we can do this whilst I am in the States on my ESTA (obviously I'll be leaving at the end of my trip), however I wouldn't be able to come back and visit him afterwards while the visa is processing unless i can provide enough evidence to convince the border control otherwise, but I'm hesitant to take that risk and mess everything up for the K1 visa! Presumably though, he would be able to come and visit me in the UK over this time, or we could meet elsewhere for a vacation together (Caribbean, Italy, etc?).

You can visit as long as you provide strong ties to your home country.

 

If you are going to visit without your child, at POE I would suggest if asked about your ties to your home country it would help to explain that you have no desire to overstay especially since you have a child still in the UK. If you have made plans that have been documented such as a doctor's appointment then you can bring that as proof.

 

If you are traveling with your child I am uncertain of the outcome but there are a few ways to it can go (both positively and negatively) but you will definitely need to provide proof of your ties especially if you are traveling and not been employed for a while (maybe a year or so) as well if you are traveling to be with your fiance before actually submitting the I-129f petition. The reason I say that is because of visa fraud, BC has tightened up to ensure that persons do not enter the state on the incorrect visa to get married and skip the entire process which also means that they end up overstaying.  

 

There's an entire thread dedicated to this:

 

POE does also play a role in this as well. Depending on the POE, the "harassment" level will vary. Some officers will politely/conversationally ask about the relationship and let you go while other may take you to a secondary area for questioning.

 

You can read up on other VJ members reviews on each POE here: http://www.visajourney.com/reviews/poereviews.php

 

 

4 hours ago, UK1984 said:

Since ALL of our long distance communication has been via Whatsapp or Facetime, etc, we won't be able to produce telephone bill records, email logs etc, that has been suggested. We do of course still have ALL of our Whatsapp conversations on our phone, but can this even be used?? Will is not on Facebook, but I have posted photos of us together on mine, so presumably I could also print that off..?

I'm in the same boat as you with this one. My suggestion would be to use 10-15 screenshots across the months of communication to show that the relationship is on-going. The USCIS website states phone bills, email log, etc because those are conventional means of communication but many persons have successfully used screenshots of Whatsapp, Facebook Messenger and other social media apps.

 

4 hours ago, UK1984 said:

I have postal receipts of cards/gifts that I have sent to him from the UK over this time. He has a postcard from me too that I sent from overseas when he departed before me during our initial meeting.

A few receipts would be good as well but not too many because you're from a low fraud rated country so it isn't necessary.

 

4 hours ago, UK1984 said:

• Passport stamps, printable e tickets / boarding cards from our trips (initial meeting trip, and my trip to him in the States) that would show we are in the same country at the same time. 
• Receipts - I won't have any credit card receipts to prove my time in USA as I paid everything with cash, just as I always do when I travel (to save on the bank exchange rate!). I didn't even think to keep cash receipts from when i was in the states for restaurants etc, but I don't see how that would prove i was together with him anyway? He will have of course have bar & restaurant bills on his credit card statement, but again, how would that even prove he was with ME? 

Ensure that you keep the stamps, tickets and such as proof of meeting each other for your petition. I had the same questions about how this proves that we were together but aside from pictures together and these receipts that's all the USCIS can really expect to be provided. It's like a jigsaw puzzle for them. They have put the pieces together and have faith in the petitioners to tell the truth.

 

4 hours ago, UK1984 said:

My ESTA has him and his address as my primary USA contact, if this would help?

It would be noticed but not necessarily a direct push towards your case (I think). I haven't seen anything out of the ordinary towards cases when it comes to this.

 

4 hours ago, UK1984 said:

Engagement - as unromantic as it may sound, there was no flamboyant proposal or anything like that. Just 2 people in love and the want to be together and sharing the same view to build a new life together. Could this be taken negatively?

Because of the diversity of how many different types of persons apply for immigration, it's been broken down as just a process for background checks, validity and such. No romantic gestures needed, not even a ring. That's why the "Intent to Marry" letter is needed. That's a binding agreement that you are both willing and able to marry each other AKA an engagement.

 

4 hours ago, UK1984 said:

Wedding plans - with the uncertainty of the processing times, it seems near impossible to even plan a wedding ahead of time. With the pressure of the 90 day time frame and not even knowing when that would be, our vision is to have a small, intimate and meaningful ceremony to us. We just want to be together with our children, neither of us have a desire to be over the top and waste money, but just be practical to build foundations together. Our passion is to build lifelong experiences and memories together. Again, would this come across to the assessors as not legitimate?

I've read many cases and received feedback from different persons who have successfully received their K-1 visas and had courthouse weddings. I plan to have one as well. It is hard to judge the processing times at the moment with the backlog and changes that have been made (as well as those that could possibly be made soon) so it is not an expectation that an extravagant wedding will be held for unions. As long as you can assure that you will both be married to each other within 90 days (and if not, you will willing exit the country before or at the end of the 90 days) then that is fine.

 

4 hours ago, UK1984 said:

Past marriages - I have read that this can be taken as a negative factor? Given that both our past marriages were over a period of several years, with children etc, presumably they would be seen as legitimate and just one of life's past chapters and not a concern..?

Past marriages are not the negative factors intrinsically. It is whether or not those marriages have been properly ended/annulled or if those marriages involved the immigration of a spouse into the US. It might raise a red flag as to whether or not if there might be a history of abuse or if fraud might be involved. Outside of those factors as long as at the time of completing the petition you are able to marry each other you should be fine.

 

4 hours ago, UK1984 said:

Children - Again, I have read that children from past marriages can be considered in a negative manner? As i mentioned above, my 4 year old would be joining me to the states. My 11 year old from my first marriage will remain with her father overseas, as per the existing arrangements have been for 5 years already (we have daily video contact and fantastic relations though). Would this pose as a problem?

I am not completely familiar with the K-2 visa process but children are not an issue as long as the consent of the other parent has been given for the child to immigrate. I would include the detail of your 11yr old if required on the petition. At the interview, ensure that you explain the situation with your 11yr old and you should be fine. Withholding information is heavily frowned upon if it is unintentional.

 

4 hours ago, UK1984 said:

Employment/Finances - To begin with, he would be the only person raising an income. My last formal employed job was in 2013, where I left to raise my last baby at the time overseas. I will not even have salary slips etc for this as I worked for my ex-husbands company (2009-2013) and didn't actually get paid a salary as I was naturally just part of the business, although not by shares. (This is complete naivety and stupidity on my part and one of my biggest regrets to date!). I moved back to the UK in 2014 where I continued to provide home administrative & communication support to my ex-husband's new business start up, again nothing formally on paper and nothing paid. He has agreed to pay me child support of GBP £1,500 per month once the divorce is settled, an amicable arrangement outside of court. Would it help if he provides a signed letter for that? I have a background in travel, tour operations and hospitality and plan to pursue that avenue for employment as soon as I am granted eligibility to work in the States. (I don't have a degree). Until then, I couldn't provide any financials of my own. What would be your comments on this?

"The sponsor is usually the petitioner of an immigrant petition for a family member. An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years). " - USCIS

 

Your work history may come into question but it should not be a big issue as long as you provide the details you have outlined when any work/salary related questions arise. During the K-1/K-2 visa process an affidavit of support must be done by the petitioner.

 

"An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently." - USCIS

 

More details here: https://www.uscis.gov/greencard/affidavit-support

 

4 hours ago, UK1984 said:

Past Muslim marriages - both of my past marriages were conducted overseas in an islamic country where I worked and met my then local partner's (100% Muslim country), so the marriages were Islamic. I follow no religion, my partner too, and is certainly of no concern for our own wedding. But would for any reason my past muslim marriage raise any problems for the visa?

The K-1 visa is a single entry visa to facilitate the entry of a non-US citizen into the US to marry a US citizen. The ceremony part isn't as important as that the need to provide legal proof that you are both married within the 90 days of entry (ie: marriage license and such). I am almost certain that those previous marriages will come into question and checks will be made but they won't necessarily negatively affect your case. It would be more so about why those marriages ended, what prompted both marriages (how you met them and so on) if any questions are raised.

 

Not sure if you've visited this side of the forum yet but just in case: http://www.visajourney.com/forums/forum/99-united-kingdom/

 

 

If you are still worried about the length of time you two have been together or other factors of your relationship and how the adjudicator will view these things just remember that there is another option known as the IR1 or CR1 but this might be the lengthier option (with all this backlog who really knows anymore??). You two can get married in the UK or any other country (aside from the US) and start to file for this. The risk of denial for failure to prove a valid relationship is risk is slightly lower for a K-3 visa than for a K-1.

 

 

Personal advice: Don't drive yourself crazy with this whole process before you even start it lol believe me, it will do that for you . You two are in love and engaged and things will work out one way or another. Follow the USCIS process exactly as documented on their website and you will be fine. Also just in case you've considered it, if you feel more comfortable working with a lawyer then that's also an option but I don't recommend it because I think it is unnecessary and I've seen many members complain that the lawyer slowed down their process with documents not submitted, forgetting to pass on information, etc.

 

K-1 Process: https://www.uscis.gov/family/k-1-process-step-step

I-129f Petition (first step) and instruction on how to file it (very important): https://www.uscis.gov/i-129f

 

Good luck

[Little_Vixen 1,869]

8 hours ago, UK1984 said:

 

Just breathe sweetheart. Everything will be ok. Stop worrying.

 

We are planning to file our K1 in December too when I'm in the states for the holidays. So I guess I get to welcome you to the pre- 'december filers club'

I read all the monthly filers threads and they are great. It's wonderful to see others finally getting their NOA 1 and NOA2, then their interview and finally their Visa. It's heartwarming and makes you realise that even though our long long wait hasn't even started yet, time does move on and our time will come too. 

Plus, you get a lot of great tips!

 

Big hugs and lots of Love 

 

[marknir 12]

When I visited , during the process, I flew from Dublin via Shannon as you go through immigration before you reach America.

 

I really didn't want to have to take the flight and then being turned back. As it turned out, no problems and it breaks up the wait and looks good for your interview.

[UK1984 1]

18 hours ago, Wuozopo said:

Needed from your long list:

• Obviously we have photos together, just a couple from our time together overseas though, plenty from my trip to the states. 
• Passport stamps, printable e tickets / boarding cards from our trips (initial meeting trip, and my trip to him in the States) that would show we are in the same country at the same time. 
• Past marriages - I have read that this can be taken as a negative factor? No, but you need all final divorce decrees with English translations sign by the translator.
• Children - Again, I have read that children from past marriages can be considered in a negative manner? As i mentioned above, my 4 year old would be joining me to the states. Not a problem, but the embassy in London will want something signed from the parent saying he is okay with the child moving to the US. Typically it would be counter signed by a solicitor since notaries are not generally available everywhere in the U.K.

Extra security background checks possible:

•  Past Muslim marriages - both of my past marriages were conducted overseas in an islamic country where I worked and met my then local partner's (100% Muslim country), so the marriages were Islamic.

The rest you described is not part of immigration law. The rules are specified and the rest of your "What will they think?" worries are a little much. You have to be fee to marry but there is nothing that says how long that has to be. Your overseas job or pay is not a factor. You can visit, and even if turned away because you went too often, it doesn't keep you from getting the visa if you meet the requirements.

 

Read the actual requirements from the source.

Petition https://www.uscis.gov/i-129f

Visa https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/

 

Thank you for your comments. 

[UK1984 1]

13 hours ago, Little_Vixen said:

Just breathe sweetheart. Everything will be ok. Stop worrying.

 

We are planning to file our K1 in December too when I'm in the states for the holidays. So I guess I get to welcome you to the pre- 'december filers club'

I read all the monthly filers threads and they are great. It's wonderful to see others finally getting their NOA 1 and NOA2, then their interview and finally their Visa. It's heartwarming and makes you realise that even though our long long wait hasn't even started yet, time does move on and our time will come too. 

Plus, you get a lot of great tips!

 

Big hugs and lots of Love 

 

Awww thank you for your kind encouragement. Great to meet a fellow pre-December filer!!! Will be great to see how we both do :-) Will keep you posted! Please do the same, too..!

[UK1984 1]

6 hours ago, marknir said:

When I visited , during the process, I flew from Dublin via Shannon as you go through immigration before you reach America.

 

I really didn't want to have to take the flight and then being turned back. As it turned out, no problems and it breaks up the wait and looks good for your interview.

That's reassuring to hear. Did they ask you many questions? Did you have to present any evidence to suggest you would return home?