Filing I129F while fiancee in the US

[Johnnie Oz 0]

I am currently in the US on a B1/B2, and we will file while I am still in the US.

My first question: on the I-129 F. Should we list my current US address - I am staying in Washington DC as a guest researcher, while my fiancee is on the West Coast. This is the one - for a few more weeks - at the time of filing. It seems prudent to be up front about all things.

The plan is then to return to Europe over the summer - apply for the K1 there, and then return to the US in the fall.

Second general question concerns the California Processing Center. What can one do to expedite the process there? The wait times appear to be longer. One option we've heard of is writing to the US Citizen's Member of Congress.

All thoughts welcome. Thank you!

[kitkat1 5]

My first question: on the I-129 F. Should we list my current US address - I am staying in Washington DC as a guest researcher, while my fiancee is on the West Coast. This is the one - for a few more weeks - at the time of filing. It seems prudent to be up front about all things.

They are asking for your permanent address in your home country, not your temporary address in the US.

The plan is then to return to Europe over the summer - apply for the K1 there, and then return to the US in the fall.

Your interview will be at the consulate in your home country. If you have not yet filed anything, the chances of having an approved visa and entering the US this fall are probably slim.

Second general question concerns the California Processing Center. What can one do to expedite the process there? The wait times appear to be longer. One option we've heard of is writing to the US Citizen's Member of Congress.

There is no option to expedite the processing unless you are in the US military and about to be deployed. No member of congress would care about this. You're lucky to have the chance to be with your fiance during the processing time. There is zero chance for an expedite.

[raymaga 25]

I was in the U.S. with my fiance a lot of the time while our I-129F was being processed.

I didn't have an I-94 (you don't get one when you enter by car from Canada).

[Johnnie Oz 0]

They are asking for your permanent address in your home country, not your temporary address in the US.

> This is not at all clear (which is why I asked) In Part B, item 2 asks for "address", while item 15 asks for "address abroad". My thinking was: since I am currently in the US (the subject of this thread) and am providing my I-94 departure number , it would make sense to list the temporary address under Item 2, while listing the permanent one abroad under item 15. This as opposed to repeating myself in both boxes.

These are the kind of nitty gritty details we have to get right to avoid ANY delays. To be honest about all details.

Your interview will be at the consulate in your home country. If you have not yet filed anything, the chances of having an approved visa and entering the US this fall are probably slim.

> I know people, and have read about others inc. on this forum, who managed this timeline without any problems. My understanding is that entering the US is not the problem, but that getting the temporary work permit is. You can get enter the country on the K1, but will yourself in limbo without a work permit while adjusting your status. This is esp true for K1 since the first temp work permit is tied to that visa, which will expire after 90 days. Then you have to re-apply for another work authorization while waiting. These delays can leave you without the right to work for months on end.

There is no option to expedite the processing unless you are in the US military and about to be deployed. No member of congress would care about this. You're lucky to have the chance to be with your fiance during the processing time. There is zero chance for an expedite.

> You seem to have misunderstood the process or my post:

the main delay is with the Service Center after filing the petition, esp at the California one. Only AFTER this is approved can the fiancee be granted the visa, i.e. be with their loved one during processing. While I am currently in the US, we are not planning to adjust status here, and I have to leave. That is the reason we are considering the K1 visa.

By expediting the processing time at the California Service Center, I can then be issued the K1 at the Embassy and we can be reunited. I am sure that Members of Congress get involved for this very reason!

[ramos96 1]

In regards to the divorce decree, you will need a complete copy of the finalized divorce decree, if there was any separation assests that were also filed as part of the divorce decree, that documentation will need to be provided.

Humbly,

Ramos

Just out of curiosity...where did you find the information on this? I never submitted anything from my settlement and we were approved. Neither did I submit anything like this for our AOS and so far no problems. Just curious.

I got that information from the RFE I got in regards to it. I had sent an official letter of record for my divorce from the county clerk with my packet, but I still got an RFE, so that Is why I said send an entire certified copy of the FINAL divorce decree.

Ramos

[ramos96 1]

Ramos,

Not necessarily true. A certificate of divorce should be sufficient, the information in the settlement agreement should not be necessary. Although, there was a person a couple of years back who wrote that they were required to submit a copy of the settlement agreement, but they couldn't explain why it had been asked for.

Yodrak

In regards to the divorce decree, you will need a complete copy of the finalized divorce decree, if there was any separation assests that were also filed as part of the divorce decree, that documentation will need to be provided.

Humbly,

Ramos

Yep, the certified letter of divorce was not good enough, they wanted the ENTIRE Final divorce decree not a letter.

Humbly,

Ramos

[kitkat1 5]

I know people, and have read about others inc. on this forum, who managed this timeline without any problems. My understanding is that entering the US is not the problem, but that getting the temporary work permit is. You can get enter the country on the K1, but will yourself in limbo without a work permit while adjusting your status. This is esp true for K1 since the first temp work permit is tied to that visa, which will expire after 90 days. Then you have to re-apply for another work authorization while waiting. These delays can leave you without the right to work for months on end.

It was just a comment regarding how quickly you may or may not actually receive your visa. If you count on 2-3 months for CSC to process the petition, 1 month to get through the NVC and to your consulate, and the time it takes to get an interview scheduled (depends on their process and their backlog) and get your medical, it's impossible to know if you will actually have your visa before the fall. If you have checked comparable timelines and you believe you will do it, good for you.

The work permit is a whole separate ballgame. Unless you enter at a point of entry that gives the temp work authorization (very few do) you are looking at about 90+ days to get work authorization.

You seem to have misunderstood the process or my post: the main delay is with the Service Center after filing the petition, esp at the California one. Only AFTER this is approved can the fiancee be granted the visa, i.e. be with their loved one during processing.

During what processing? Only AFTER the K1 visa is issued at the consulate can you actually enter the US using a K1.

By expediting the processing time at the California Service Center, I can then be issued the K1 at the Embassy and we can be reunited. I am sure that Members of Congress get involved for this very reason!

Are you kidding? Check the California Service Center page for legitimate reasons for getting an expedite. Unless you are a USC about to be deployed, you will NOT be granted an expedite. No member of congress would even waste their time with your request and the CSC would respond with a NO. It's not like you are the first person who has questioned if an expedite is an option and the answer is NO.

[KarenCee 3]

In regards to the divorce decree, you will need a complete copy of the finalized divorce decree, if there was any separation assests that were also filed as part of the divorce decree, that documentation will need to be provided.

Humbly,

Ramos

Just out of curiosity...where did you find the information on this? I never submitted anything from my settlement and we were approved. Neither did I submit anything like this for our AOS and so far no problems. Just curious.

I got that information from the RFE I got in regards to it. I had sent an official letter of record for my divorce from the county clerk with my packet, but I still got an RFE, so that Is why I said send an entire certified copy of the FINAL divorce decree.

Ramos

I guess divorce documents are different from state to state. I didn't send anything from my settlement, only the certified divorce decree. We were still approved.

[Johnnie Oz 0]

KitKat,

your advice is very much appreciated. Lest you get a different impression that is.

My own advice is that unless someone specifically says something to the contrary - and you'd be hard pressed to argue that I did - you can assume that they realize that you need a K1 visa to enter the US on a K1 visa (see below). Kinda obvious, no?

The work permit is a whole separate ballgame. Unless you enter at a point of entry that gives the temp work authorization (very few do) you are looking at about 90+ days to get work authorization.

Yes, I've heard a/b this PoE temp work thing. That seems so arbitrary (no surprise there). The point I was making was that you're on a 90 day visa (K1), you apply for the temp thing (assuming no PoE authorization) and then when you get that the K1 is about to (or has already) expire(d). This makes it worthless, and so you apply again and wait some more. This is not only a paper chase, but a waste of money. I have a friend whose spouse was in this exact situation.

My question: is there some way to avoid what happened to them? Or are you at the mercy of this wait? If so, it is clearly pure huckstering to claim that a K1 visa holder can enter the country and begin to work soon thereafter. That's what UCSIC claims, or infers.

During what processing? Only AFTER the K1 visa is issued at the consulate can you actually enter the US using a K1.

see above. And yes, I was unclear. The processing I refer to is the whole waiting for work authorization/adjustment of status. My argument being that if you want to work, because you need to, the K1 process is not the best. If you have the opportunity to get married, either while visiting the US or if your partner visits you, then this would speed the whole process up. You might, but even that is not for sure, have to wait a month longer to be reunited. But the trade-off is that you land running, i.e. you have your conditional Green Card and can start working. Plus if the whole IR-1/CR-1 visa is taking too long, you can be reunited via the K3 visa.

I am in TOTAL agreement with you that this whole thing is unfair - and I would argue: totally Western-centric. In our case - since I am here and/or my partner can visit my country soonish - we have the option of getting married first. The fiancee visa is good for those cannot get married beforehand. But it is certainly not a good option for those who are fortunate to be able to meet. OK?

Are you kidding? Check the California Service Center page for legitimate reasons for getting an expedite. Unless you are a USC about to be deployed, you will NOT be granted an expedite. No member of congress would even waste their time with your request and the CSC would respond with a NO. It's not like you are the first person who has questioned if an expedite is an option and the answer is NO.

I know it's not "like, totally" I'm the first person to wonder about this. You, however, are probably the first person to categorically exclude this possibility without talking to a member of Congress or one of their staffers. FYI, some members actually have immigration visa staffers who bring specific cases to their attention. Again, (here due to the privilege of being in DC) I have actually spoken to Capitol Hill folks who confirm this. They have specifically told me that we, my fiancee and I, should call the Member of Congress in question.

Lastly, I realize and respect that you might be writing your advice out of concern for those who would get their hopes up about a Member of Congress helping them - you are right that it is by no means something normal - but I would ask you again to refrain from being so certain about something you appear to have little experience with. That is called hubris. Sorry.

[kitkat1 5]

JohnnieOz, I am not writing about something that I have little experience with. Having been caught in the IMBRA debacle last year and dealing with a waiver, I am well acquainted with my senator and congressman's immigration staff. Why do you assume that I haven't actually spoken to one of them to request the same thing as you? You don't have to be in DC to talk to the right person. I have also been on this site for a good year and a half and watched hundreds of people go through the same thought process that you have and requested expedited processing. Of all of those people, ONE person was granted the expedite because of military deployment. The service center website makes perfectly clear it exactly what situations they will even allow a request, let alone approve one.

If your goal is to work immediately upon entering the US on some sort of marriage-related visa, you're better off to get married and apply for a CR1 because of the issues you pointed out. You are that the mercy of the USCIS, as you are for most of this process. When you read the claims that a K1 holder can work, they mean that a K1 is a "work authorized" visa and once you have applied for and received authorization to work, you can. This is different from a tourist visa, for example, that is not a "work authorized" visa. Most K1 couples plan on the beneficiary being out of work for at least three months unless they enter through a POE that gives temp. authorization. Many of those who do receive temp authorization only work for 90 days allowed and then stop because they have not yet received their EAD.

The fiancee visa is good for those cannot get married beforehand. But it is certainly not a good option for those who are fortunate to be able to meet. OK

Depends on the consulate. If I married my fiance first and applied for a spousal visa, we would have had a 12 month wait for an interview. With a fiance visa, there is no wait for an interview and no need for an interview appointment. Since our goal is to be together in the US as soon as possible, we chose this option. The wait for him to be able to work is just part of the process and knowing this, like most people, we have planned for it.

Lots of luck to you.

[Johnnie Oz 0]

KitKat, Thanks for your patience and sharing your experience.

JohnnieOz, I am not writing about something that I have little experience with. Having been caught in the IMBRA debacle last year and dealing with a waiver, I am well acquainted with my senator and congressman's immigration staff. Why do you assume that I haven't actually spoken to one of them to request the same thing as you? You don't have to be in DC to talk to the right person. I have also been on this site for a good year and a half and watched hundreds of people go through the same thought process that you have and requested expedited processing. Of all of those people, ONE person was granted the expedite because of military deployment. The service center website makes perfectly clear it exactly what situations they will even allow a request, let alone approve one.

If your goal is to work immediately upon entering the US on some sort of marriage-related visa, you're better off to get married and apply for a CR1 because of the issues you pointed out. You are that the mercy of the USCIS, as you are for most of this process. When you read the claims that a K1 holder can work, they mean that a K1 is a "work authorized" visa and once you have applied for and received authorization to work, you can. This is different from a tourist visa, for example, that is not a "work authorized" visa. Most K1 couples plan on the beneficiary being out of work for at least three months unless they enter through a POE that gives temp. authorization. Many of those who do receive temp authorization only work for 90 days allowed and then stop because they have not yet received their EAD.

My bad. You are definitely right about not having to be in DC - it's prob better not to be here And while I'm not sure that most people are so clued in as to know that you'll have a temp work permit and when that expires you'll be in limbo till the EAD arrives, I see your point. I would love to know more a/b the PoE process and how they determine if you get the authorization right there and then.

Depends on the consulate. If I married my fiance first and applied for a spousal visa, we would have had a 12 month wait for an interview. With a fiance visa, there is no wait for an interview and no need for an interview appointment. Since our goal is to be together in the US as soon as possible, we chose this option. The wait for him to be able to work is just part of the process and knowing this, like most people, we have planned for it.

Lots of luck to you.

Yes, the K1 is surely the fastest way to be together though I've heard of cases of people getting either a K3 or even better CR-1 in almost the same amount of time.

Here's an anecdote: while waiting at the Embassy in question for a K1 appointment, a friend of mine talked to someone sitting next to him. Their initial situations were roughly the same, but the other person had gotten married and was there for the CR-1 interview. From start to finish, their total waits were about the same. They were both going to be reunited after x months apart, with the HUGE difference that one was going to enter as a PR and one as K1 (with all the temp work, AOS, EAD hassles). I know this is not always the case, and perhaps particular to Europe, but it certainly sobered me up. My friend and his partner were kicking themselves. If they had only tied the knot first....

My understanding is that the best option, if you are so lucky, is to actual file for Direct Consular processing together at certain US Embassies abroad. I just read about a married couple that did just this in Tokyo and it only took a month, i.e. the immigrant could enter the US as a PR after one month's TOTAL processing. Another friend of mine did the same thing in Scandinavia, took just a little longer.

I have learned a lot in the last 24 hours and you have been very helpful. I don't know your story, but it bothers me that you would have had to wait for 12 months for an interview for a spousal visa. Once I immigrate - I for one will be working to eliminate such nonsense.

Si se puede.

And thanks for your help!

[kitkat1 5]

Yes, DCF is normally the best option but it doesn't exist everywhere. And since USCIS had yet another major f-up recently (just like IMBRA last year) and did not meet the requirements of the Adam Walsh law, DCF has changed significantly in the locations where it is even still available.

Processing times differ from consulate to consulate. In some places spousal visas are as fast as fiances. In others, it makes no difference - the wait is 2 years for any interview. Mexico is terribly backlogged for immigrant visas but non-immigrants like K3s and K1s are processed more quickly, presumably because they don't involve the work authorization, green card, etc.

You can research about POEs and temp. work authorization. Generally speaking JFK is the only POE left in the US that more or less routinely gives it. Otherwise, you have to wait to get married and apply for it as part of your adjustment of status package.

[RioDeugene 0]

You cant have file two visa at the same time.

[kitkat1 5]

You cant have file two visa at the same time.

Huh?

[RioDeugene 0]

sorry got wrong sent grrr..lol