K1 Visa or ?

[Paulieman 0]

Hi,

I was just looking for a bit of advice. I have been living in the US (Kentucky) with my Fiance since 2nd March. We have been gathering information from then till now. we plan to marry in late may. The main question that concerns me is , is it best to get married and fill out another form other then the I-129F or will i have time and fill out the I-129F. I am a little worried that i have waited to long to send an I-129F as i only have 4 weeks till i get married...?? Any help would be great....

Regards,

Paul

[snz1802 0]

The I-129F is to bring your fiance to the United States to get married. If you get married first, you will not be able to file for an I-129F. If you get married here, your fiance would have to go back to her country and you would need to file the 1-130 to bring her back as your wife. Someone correct me if I am wrong. I think there are other options such as AOS, once you marry here, but you have to be careful about that, and I am not well versed on that. Other members here will be able to give you more information on this matter.

Hi,

I was just looking for a bit of advice. I have been living in the US (Kentucky) with my Fiance since 2nd March. We have been gathering information from then till now. we plan to marry in late may. The main question that concerns me is , is it best to get married and fill out another form other then the I-129F or will i have time and fill out the I-129F. I am a little worried that i have waited to long to send an I-129F as i only have 4 weeks till i get married...?? Any help would be great....

Regards,

Paul

I forgot to mention the guides on this site are very helpful too, you should read through them they have a lot of information about each option

[Jasman0717 9]

What visa are you here on?

[Paulieman 0]

What visa are you here on?

I am currently a Vistor on a I-94 Waiver Program (one you fillout on the plane)

[gwenneh 7]

The short answer is yes, you've waited too long to file the I-129F. It takes a few months at least to be approved. Four weeks-it's not going to happen. Look at the timelines for an average. To put it into perspective, Russ and I got through the process lightning-fast...and it took us from the beginning of October 2005 to the end of January 2006 to secure his K-1.

You can get married in four weeks, but then you will have to return to England and have your spouse file for the K-3 spousal visa for you before you return again. That will take a few months at best, but really is the only legal option you have that will let you keep your wedding date.

If you try to adjust status from your current situation, you will have to PROVE that you did not have intent to stay when you entered on VWP. This is not easy, the officials deciding have total control over this kind of situation and if you do not succeed in convincing the person reviewing your case you could be looking at a ban from the US for several years. Believe me, the burden of proof is on YOU in that case, and it is not an easy task to prove it. If you did enter the US on the VWP with the intent to remain, you have, in fact, broken the law-they don't like that in the least, for obvious reasons. Not to mention that you can try to adjust status, but it's going to take longer than you have left on the VWP, so not only are you going to be looking at trying to prove you didn't come here with immigrant intent, you are going to have an overstay to explain-overstays will get you banned from the country.

Marry, go home, and have your spouse file for the K-3. That's pretty much your options, in a nutshell.

[Paulieman 0]

The short answer is yes, you've waited too long to file the I-129F. It takes a few months at least to be approved. Four weeks-it's not going to happen. Look at the timelines for an average. To put it into perspective, Russ and I got through the process lightning-fast...and it took us from the beginning of October 2005 to the end of January 2006 to secure his K-1.

You can get married in four weeks, but then you will have to return to England and have your spouse file for the K-3 spousal visa for you before you return again. That will take a few months at best, but really is the only legal option you have that will let you keep your wedding date.

If you try to adjust status from your current situation, you will have to PROVE that you did not have intent to stay when you entered on VWP. This is not easy, the officials deciding have total control over this kind of situation and if you do not succeed in convincing the person reviewing your case you could be looking at a ban from the US for several years. Believe me, the burden of proof is on YOU in that case, and it is not an easy task to prove it. If you did enter the US on the VWP with the intent to remain, you have, in fact, broken the law-they don't like that in the least, for obvious reasons. Not to mention that you can try to adjust status, but it's going to take longer than you have left on the VWP, so not only are you going to be looking at trying to prove you didn't come here with immigrant intent, you are going to have an overstay to explain-overstays will get you banned from the country.

Marry, go home, and have your spouse file for the K-3. That's pretty much your options, in a nutshell.

Well thats not a great situation, I guess we never arranged this very well. I have been back and forwards too many times and now I am not going to see her for months...

Thanks very much for your info.... Something is better then nothing... still hope for us

[meauxna 15]

The short answer is yes, you've waited too long to file the I-129F. It takes a few months at least to be approved. Four weeks-it's not going to happen. Look at the timelines for an average. To put it into perspective, Russ and I got through the process lightning-fast...and it took us from the beginning of October 2005 to the end of January 2006 to secure his K-1.

You can get married in four weeks, but then you will have to return to England and have your spouse file for the K-3 spousal visa for you before you return again. That will take a few months at best, but really is the only legal option you have that will let you keep your wedding date.

If you try to adjust status from your current situation, you will have to PROVE that you did not have intent to stay when you entered on VWP. This is not easy, the officials deciding have total control over this kind of situation and if you do not succeed in convincing the person reviewing your case you could be looking at a ban from the US for several years. Believe me, the burden of proof is on YOU in that case, and it is not an easy task to prove it. If you did enter the US on the VWP with the intent to remain, you have, in fact, broken the law-they don't like that in the least, for obvious reasons. Not to mention that you can try to adjust status, but it's going to take longer than you have left on the VWP, so not only are you going to be looking at trying to prove you didn't come here with immigrant intent, you are going to have an overstay to explain-overstays will get you banned from the country.

Marry, go home, and have your spouse file for the K-3. That's pretty much your options, in a nutshell.

Well thats not a great situation, I guess we never arranged this very well. I have been back and forwards too many times and now I am not going to see her for months...

Thanks very much for your info.... Something is better then nothing... still hope for us

IMO, if you went for a *private* meeting with an immigration attorney, to cover your options, you might be pleasantly surprised.

You have several choices in front of you; make sure you understand them all thoroughly.

[silverbutterfly228 0]

The short answer is yes, you've waited too long to file the I-129F. It takes a few months at least to be approved. Four weeks-it's not going to happen. Look at the timelines for an average. To put it into perspective, Russ and I got through the process lightning-fast...and it took us from the beginning of October 2005 to the end of January 2006 to secure his K-1.

You can get married in four weeks, but then you will have to return to England and have your spouse file for the K-3 spousal visa for you before you return again. That will take a few months at best, but really is the only legal option you have that will let you keep your wedding date.

If you try to adjust status from your current situation, you will have to PROVE that you did not have intent to stay when you entered on VWP. This is not easy, the officials deciding have total control over this kind of situation and if you do not succeed in convincing the person reviewing your case you could be looking at a ban from the US for several years. Believe me, the burden of proof is on YOU in that case, and it is not an easy task to prove it. If you did enter the US on the VWP with the intent to remain, you have, in fact, broken the law-they don't like that in the least, for obvious reasons. Not to mention that you can try to adjust status, but it's going to take longer than you have left on the VWP, so not only are you going to be looking at trying to prove you didn't come here with immigrant intent, you are going to have an overstay to explain-overstays will get you banned from the country.

Marry, go home, and have your spouse file for the K-3. That's pretty much your options, in a nutshell.

Well thats not a great situation, I guess we never arranged this very well. I have been back and forwards too many times and now I am not going to see her for months...

Thanks very much for your info.... Something is better then nothing... still hope for us

Everyone on here is going through the same thing of not being able to see their loved ones for months. some even a year. This is the harsh reality of planning on being with someone from the US. It sounds like you had intent to marry and remain when you entered on VWP, so you can't just apply for aos. however it is legal to go to US on VWP to marry but return home to file for spousal visa. so you can still keep your plans of marriage but you have to face the fact that either way you have to leave, or you will be in illegal status there if you overstay and than you may be given a 3 year ban if caught. k1 is faster than k3. i would start reading the guides on each and decide before your plans in may. you do have options!