I-129F/K-1visa

[Tarika Smith 6]

Sooo I just learned last night that the I-129f is only for the USCIS to recognize that the relationship is valid. I had no clue I had to apply for a K-1 visa after approval of the I-129F. Can someone help me make sense of that because to me it makes no sense. I feel like both are the same 🤔. Why is there two separate fees not to mention a more expensive fee for basically the same. This is a tedious journey 

[GreatDane 366]

14 minutes ago, Tasha Smith said:

Sooo I just learned last night that the I-129f is only for the USCIS to recognize that the relationship is valid. I had no clue I had to apply for a K-1 visa after approval of the I-129F. Can someone help me make sense of that because to me it makes no sense. I feel like both are the same 🤔. Why is there two separate fees not to mention a more expensive fee for basically the same. This is a tedious journey 

Are you meaning an I129F vs. a 485 for AOS? 

There's many different parts of the journey from K1 until permanent green card. Each costs money and is on a fixed timeline. It is a very tedious journey - expect 5+ years until you're done with USCIS if you opt for naturalization.

[Tarika Smith 6]

1 minute ago, GreatDane said:

Are you meaning an I129F vs. a 485 for AOS? 

There's many different parts of the journey from K1 until permanent green card. Each costs money and is on a fixed timeline. It is a very tedious journey - expect 5+ years until you're done with USCIS if you opt for naturalization.

See I have no idea what the 485 or AOS is. I’m just trying to get my fiancé from Jamaica to Thebes US is that gonna take 5 years 😱

[geowrian 22,338]

Please check out the guides...it sounds like you entered into the process unprepared with what's involved.

 

1) I-129F. This is currently taking about 5-6 months for approval.

2) The approved I-129F is sent to NVC to get a case number and then is sent to the embassy. ETA: ~1 month, sometimes a bit longer (I heard there's a backlog even with I-129Fs there right now too).

3) The embassy gets the case. The beneficiary then submits a DS-160, gathers necessary documents and translations, schedules an interview, completes a medical, and interview. the exact process for this varies from embassy to embassy.

4) Interview. The 3 outcomes are basically

  a) Approval. ETA: a week to few weeks to get the passport and visa back),

  b) 221g / "soft" refusal. They may need other documents or to research/validate information or complete background checks.  This could be days, weeks, months, or years...it all depends on exactly what is needed.

  c) Refusal - either due to an inadmissibility that might be waivable, or if they deemed the relationship as not bona fide, they will send the I-129F back to USCIS to sit and expire.

 

Fees:

1) Medical exam / vaccinations: <varies...expect $200-$400 usually>

2) MRV fee (K-1 visa application): $265

3) Travel to embassy and back, documentations & translation, etc.: <varies>

4) Travel to US on K-1 visa

 

Once the beneficiary comes to the US:

1) You must marry within 90 days, or go home.

2) File for AOS (I-485). Also apply for an EAD (work permit) and AP (permission to travel abroad and return) at the same time. ETA: ~4+ months to get the EAD and AP. AOS itself could take anywhere from 4-12+ months. Fee: $1225

 

Within 90 days of the 2 year anniversary of approval of AOS: Apply for ROC.

Edited November 30, 2017 by geowrian

[Tarika Smith 6]

47 minutes ago, Dee elle said:

You should read the K1 guide on this website, as well as the guides on 

https://travel.state.gov/content/visas/en/immigrate/family/fiance.html

 

There are 4 steps to immigration and permanent residency for a non USC fiance 

1 Approval of the petitioners right to apply for a fiance visa

2. Application for K1 visa by the non US fiance, allowing them to then enter the US

3. Adjustment of status for the now spouse, once they have entered the US and married, resulting in a Conditional permanent resident, valid  for 2 years

4. Removal of conditions from 2.  resulting in Permanent residency

Optional after 3 years as Green Card ho,der LPR is naturalization

 

All steps are separate, with their own forms, processes and fees. I 130 is just the start.

Thank you 

[Tarika Smith 6]

4 minutes ago, geowrian said:

Please check out the guides...it sounds like you entered into the process unprepared with what's involved.

 

1) I-129F. This is currently taking about 5-6 months for approval.

2) The approved I-129F is sent to NVC to get a case number and then is sent to the embassy. ETA: ~1 month, sometimes a bit longer (I heard there's a backlog even with I-129Fs there right now too).

3) The embassy gets the case. The beneficiary then submits a DS-160, gathers necessary documents and translations, schedules an interview, completes a medical, and interview. the exact process for this varies from embassy to embassy.

4) Interview. The 3 outcomes are basically

  a) Approval. ETA: a week to few weeks to get the passport and visa back),

  b) 221g / "soft" refusal. They may need other documents or to research/validate information or complete background checks.  This could be days, weeks, months, or years...it all depends on exactly what is needed.

  c) Refusal - either due to an inadmissibility that might be waivable, or if they deemed the relationship as not bona fide, they will send the I-129F back to USCIS to sit and expire.

 

Fees:

1) Medical exam / vaccinations: <varies...expect $200-$400 usually>

2) MRV fee (K-1 visa application): $265

3) Travel to embassy and back, documentations & translation, etc.: <varies>

4) Travel to US on K-1 visa

 

Once the beneficiary comes to the US:

1) You must marry within 90 days, or go home.

2) File for AOS (I-485). Also apply for an EAD (work permit) and AP (permission to travel abroad and return) at the same time. ETA: ~4+ months to get the EAD and AP. AOS itself could take anywhere from 4-12+ months. Fee: $1225

 

Within 90 days of approval of AOS: Apply for ROC.

Thank you very much. You have explained more detail then the reps at the USCIS who seem absolutely clueless and more info than the lawyer that I haven’t heard from in over 3 months. Thank you so much

[Tarika Smith 6]

46 minutes ago, geowrian said:

Please check out the guides...it sounds like you entered into the process unprepared with what's involved.

 

1) I-129F. This is currently taking about 5-6 months for approval.

2) The approved I-129F is sent to NVC to get a case number and then is sent to the embassy. ETA: ~1 month, sometimes a bit longer (I heard there's a backlog even with I-129Fs there right now too).

3) The embassy gets the case. The beneficiary then submits a DS-160, gathers necessary documents and translations, schedules an interview, completes a medical, and interview. the exact process for this varies from embassy to embassy.

4) Interview. The 3 outcomes are basically

  a) Approval. ETA: a week to few weeks to get the passport and visa back),

  b) 221g / "soft" refusal. They may need other documents or to research/validate information or complete background checks.  This could be days, weeks, months, or years...it all depends on exactly what is needed.

  c) Refusal - either due to an inadmissibility that might be waivable, or if they deemed the relationship as not bona fide, they will send the I-129F back to USCIS to sit and expire.

 

Fees:

1) Medical exam / vaccinations: <varies...expect $200-$400 usually>

2) MRV fee (K-1 visa application): $265

3) Travel to embassy and back, documentations & translation, etc.: <varies>

4) Travel to US on K-1 visa

 

Once the beneficiary comes to the US:

1) You must marry within 90 days, or go home.

2) File for AOS (I-485). Also apply for an EAD (work permit) and AP (permission to travel abroad and return) at the same time. ETA: ~4+ months to get the EAD and AP. AOS itself could take anywhere from 4-12+ months. Fee: $1225

 

Within 90 days of the 2 year anniversary of approval of AOS: Apply for ROC.

What is a AOS I’m sorry I’m not familiar with all the terms 

[geowrian 22,338]

4 minutes ago, Tasha Smith said:

What is a AOS I’m sorry I’m not familiar with all the terms 

Adjustment of Status. It's the process to apply for permanent residency (i.e. a green card) from inside the US. It uses form I-485.

[Pat&Ana 14]

On 11/29/2017 at 9:32 PM, Tasha Smith said:

Thank you very much. You have explained more detail then the reps at the USCIS who seem absolutely clueless and more info than the lawyer that I haven’t heard from in over 3 months. Thank you so much

 

Welcome to the US system of Government. The folks who administer the laws and regulations are not expected to understand them.  This is why we have a large class of lawyers to help interpret and fight for what we want at times as well.

 

When in doubt, after trying to figure it out yourself, consult a 3rd party instead of relying upon the interpretation of the Government.