Just submitted I-129F but question about post k1 visa

[americaninlove 381]

Thanks to lots of advice here I finally got the application completed and mailed today (phew). Assuming the timeline I see here, I would expect my fiancé to receive his K1 visa by September. September would be ideal for him to come and we would marry in October when my daughter is home from college. 

 

Questions—my fiancé has a wedding to attend for a family member in November in Ireland. Can he go to that?? If we file a change of status as soon as we are married in October, how soon could he be eligible to work? What about getting a drivers license?

 

thank you!

[tpmd 155]

I'm still going through the K1 process, so not entirely sure, but from what I understand that is way too soon for him to be thinking about leaving the US.

 

From what I've read it takes around 90 days for the paperwork for advanced parole and work permit (is that what it's called?... not sure) to come through.

 

It would almost certainly be easier for him to just stay in Ireland, go to the wedding, then plan on your own marriage for December if going to the wedding is important to him. 

 

There are probably a lot more people with more specific advice and better knowledge than me though. This is just based on various things I've read!

[ToTheMoonAndBack 90]

he can't leave the country or get the drivers license before he has an ead and ap. That takes about 90 days after filing which you can do after getting married. 

Also i think the process takes about 9 months so he can probably get to the US in October if everything goes well.. I wouldn't plan a wedding so early in the process

[payxibka 10,045]

He can attend the wedding...  He probably won't be able to come back...  AP/EAD takes 4-5 months after AOS is applied for.  Your timeline needs seem to make success impossible

[ToTheMoonAndBack 90]

5 minutes ago, payxibka said:

He can attend the wedding...  He probably won't be able to come back...  AP/EAD takes 4-5 months after AOS is applied for.  Your timeline needs seem to make success impossible

November filers already are getting their ead so it takes about 3 currently 

[payxibka 10,045]

2 minutes ago, ToTheMoonAndBack said:

November filers already are getting their ead so it takes about 3 currently 

Still not fast enough for the OP

[JFH 12,190]

Such things should have been considered before filing. Had you got married and gone with a CR-1 he would gave been able to work immediately upon arrival, go to the wedding in Ireland and get a driver's license immediately. As it stands you've chosen the K-1 and one of the three is going to be impossible (attending the wedding) unless he waits until after the wedding to come here, one will take at least three months after filing AOS, which comes after the marriage (working) and the other may be possible right away but will depend on your state of residence (driving). 

 

Too late now, I suppose, but will serve as useful information for people in a similar situation wondering which visa path to take. 

[americaninlove 381]

Just now, JFH said:

Such things should have been considered before filing. Had you got married and gone with a CR-1 he would gave been able to work immediately upon arrival, go to the wedding in Ireland and get a driver's license immediately. As it stands you've chosen the K-1 and one of the three is going to be impossible (attending the wedding) unless he waits until after the wedding to come here, one will take at least three months after filing AOS, which comes after the marriage (working) and the other may be possible right away but will depend on your state of residence (driving). 

 

Too late now, I suppose, but will serve as useful information for people in a similar situation wondering which visa path to take. 

Of course we considered. But if we had married and gone with a CR-1 he wouldn’t be here by November anyway most likely. So it doesn’t really matter. As for the driving and working, he doesn’t need that immediately. I was just wondering what the timeline is. 

 

I suppose he can wait until after the wedding is over in November to come here on the K1 visa and then we will get married after that. That’s up to him whether he wants to miss the wedding or not so I’ll let him know. 

[JFH 12,190]

Sounds odd that you asked "how soon could he be eligible for work" if you can manage just fine on one income (assume you have looked into health insurance costs for him too?). But being able to work right away is more than just having an income. It's about getting into a routine here, making friends and contacts, a sense of achievement, etc. Also in many fields, the longer you are out of work, the harder it is to get back into it and often not at the level you left. It's also about having status as a permanent resident immediately. Under the current administration I wouldn't feel comfortable not having permanent status for a year or so.

 

But water under the bridge now. You asked in August which path was better and the overwhelming majority of answers was a CR-1. We weren't kidding. 

Edited February 10, 2018 by JFH

[americaninlove 381]

4 minutes ago, JFH said:

Sounds odd that you asked "how soon could he be eligible for work" if you can manage just fine on one income (assume you have looked into health insurance costs for him too?). But being able to work right away is more than just having an income. It's about getting into a routine here, making friends and contacts, a sense of achievement, etc. Also in many fields, the longer you are out of work, the harder it is to get back into it and often not at the level you left. It's also about having status as a permanent resident immediately. Under the current administration I wouldn't feel comfortable not having permanent status for a year or so.

 

But water under the bridge now. You asked in August which path was better and the overwhelming majority of answers was a CR-1. We weren't kidding. 

Wow such vitriol!!! Amazing!

[geowrian 22,337]

It's more of a harsh reality, IMO.

If being able to travel abroad quickly was part of the consideration and you chose to do a K-1 anyway, then you've accepted the consequences of that decision. It's harsh and I'm sorry he can't come beforehand and still make the wedding abroad, but it sounds like this was considered in that choice.

Edited February 10, 2018 by geowrian

[EandH0904 1,184]

1 hour ago, americaninlove said:

Thanks to lots of advice here I finally got the application completed and mailed today (phew). Assuming the timeline I see here, I would expect my fiancé to receive his K1 visa by September. September would be ideal for him 

I would not expect him to be here by September. Current timeline is 6-7 months for k1 approval, but then it needs time to go to nvc, be transferred to his country and get interview scheduled. If your timeline said estimated approval, that's just for the petition not the whole process. 

[tpmd 155]

20 minutes ago, EandH0904 said:

I would not expect him to be here by September. Current timeline is 6-7 months for k1 approval, but then it needs time to go to nvc, be transferred to his country and get interview scheduled. If your timeline said estimated approval, that's just for the petition not the whole process. 

Agreed. I have my interview in a few days, I started the process in May last year. 

[americaninlove 381]

36 minutes ago, geowrian said:

It's more of a harsh reality, IMO.

If being able to travel abroad quickly was part of the consideration and you chose to do a K-1 anyway, then you've accepted the consequences of that decision. It's harsh and I'm sorry he can't come beforehand and still make the wedding abroad, but it sounds like this was considered in that choice.

I was just asking a question re timeline. If he can’t make the wedding that’s fine. Was just looking for facts, not judgment. 

16 minutes ago, tpmd said:

Agreed. I have my interview in a few days, I started the process in May last year. 

You submitted your I129f in may of ‘17 and have your interview 8 months later? Want to make sure I understand. 

[payxibka 10,045]

6 minutes ago, americaninlove said:

I was just asking a question re timeline. If he can’t make the wedding that’s fine. Was just looking for facts, not judgment. 

You submitted your I129f in may of ‘17 and have your interview 8 months later? Want to make sure I understand. 

That's why a K-1 is 9-10+ months from petition to POE