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

[UK1984 1]

16 hours ago, AnaUmo said:

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.

 

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

 

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

"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

 

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

Thank you so much for providing such a detailed response to all of my points. That has really helped to put my mind at ease. I had approached a lawyer as it happens, but the costs seemed to be so astronomical when we both felt that could actually do everything ourselves, hence we are trying to be as prepared as possible and not overlook anything that might not otherwise seem obvious to consider. I will certainly visit the links you have suggested too. Thanks again for your support and encouragement. 

 

 

[marknir 12]

No questions except asking for the reason for my visit. As they already know, I just told the truth, visiting my fiancee and they let me go through.

 

I had told my future wife, if I didn't call before the flight, that I was on it lol