Au Pair girlfriend going back to mexico- Applying for k1

[dustinandshan 0]

I met my girlfriend online while she was working for Au-Pair in the US. She is originally from Mexico. Her visa is expiring and her flight back to mexico is may 30th. I fell deeply in love with her, and now we have decided our only way for each other to make this work is to go through with applying for the k1 visa and then getting married. I have already started working on the i-129, and have been doing my research like crazy. I am only 23 years old, but I decided I think I'm smart enough to get this done with out an attorney. So I'm ready to go through with this. I am not ready to wait 6+ months for us to live together again, but I'm in love and willing to do anything for us to be together.

I just have a few questions regarding this whole journey...

- I know I need to require proof that I am a US citizen (It says I need a passport or a birth certificate) I lost my birth certificate and do not have a passport, would it be okay for them to send them copies of my social security card?

-Will the beneficiary (My girlfriend) be needing to send her birth certificate when I file the i-129 or do I wait for her interview to come and/or wait for us to get approved?

- Also, I know since she is an au-pair and is required to pay taxes. We are taking care of this right now as she owes about 210$ to the IRS. Since we are paying for her taxes literally right before I send out our packet do you think we will run into problems getting approved?

-Last question is do we need to be together for a certain amount of time? We've only been together for about 6 months. I have never felt the way I feel about her with any one else though, I'm positive I'm not making a mistake.

[aleful 1,905]

hi

nope, get a copy of your birth certificate,

if you are a us born citizen then birth certificate or passport are proof

[p-ana 933]

Have you read the guides? I strongly suggest you reading everything so you'll get more comfortable with the whole process. Click this link http://www.visajourney.com/content/k1guide I also suggest reading the flowchart http://www.visajourney.com/content/k1flow and tips http://www.visajourney.com/content/k1tips

The form you'll file is the I-129F, be sure you get the right one.

The Ssn card won't work, as it's not proof of citizenship. Order a new copy of your birth certificate or get a new passport to attach to your packet.

Beneficiarys birth certificate is needed at the interview stage.

Don't think it will be any problem if the debt is paid before interview.

The requisite for filling is having met in the past 2 years prior to sending the petition, no minimum relationship time.

Good luck!

Edited May 25, 2016 by p-ana

[Meg&Andrew 297]

If you live where you were born or close to it, it shouldn't be difficult to get a birth certificate. I had my printed the same day in my local health department. Get the taxes taken care of now, and it shouldn't be an issue. Also make sure you save/have proof of you guys meeting in the last 2 years. Plane tickets, pictures, hotel receipts, anything and everything. The more proof the better.

[Stevephoto 224]

Have you read the guides? I strongly suggest you reading everything so you'll get more comfortable with the whole process. Click this link http://www.visajourney.com/content/k1guide I also suggest reading the flowchart http://www.visajourney.com/content/k1flow and tips http://www.visajourney.com/content/k1tips

The form you'll file is the I-129F, be sure you get the right one.

The Ssn card won't work, as it's not proof of citizenship. Order a new copy of your birth certificate or get a new passport to attach to your packet.

Beneficiarys birth certificate is needed at the interview stage.

Don't think it will be any problem if the debt is paid before interview.

The requisite for filling is having met in the past 2 years prior to sending the petition, no minimum relationship time.

Good luck!

"The Ssn card won't work, as it's not proof of citizenship. Order a new copy of your birth certificate or get a new passport to attach to your packet."

I had to order a copy of my BC. Not very difficult or expensive. Do a search online for ordering a BC from your state.

"Don't think it will be any problem if the debt is paid before interview."

I agree....taxes paid...no problem!

"The requisite for filling is having met in the past 2 years prior to sending the petition, no minimum relationship time."

I met Joan on Facebook on February 24, 2012. I flew to the Philippines in June to meet her. I was advised to visit her a second time before filing for K-1 visa. I returned to the Philippines in October with a ring and filed the day after I returned to the US. We knew each other for 8 months before filing. Not a problem. We just passed the ROC phase and on to Citizenship for Joan. It might not hurt for you to visit her in Mexico during the process. The more evidence you have at her interview the better--and that means a passport for you. Also keep in mind that Mexico does not give the required vaccinations at the medical phase (from what I have read here), so you are looking at a visit to a civil surgeon down the road. Good luck!

[KayDeeCee 4,891]

If you want to get married now, then why not do so and have her stay and file for AOS? She is already in the US, so why leave just to apply for another visa to enter the US again?

Look up how to get a certified copy of your US birth certificate from the state you were born in.

[dustinandshan 0]

If you want to get married now, then why not do so and have her stay and file for AOS? She is already in the US, so why leave just to apply for another visa to enter the US again?

Look up how to get a certified copy of your US birth certificate from the state you were born in.

Well I would love to. But she hasn't seen her family in a year. Her visa expires soon, and her flight back to mexico is may 30th. Wouldn't her staying here just make the process even harder if shes technically illegal?

Have you read the guides? I strongly suggest you reading everything so you'll get more comfortable with the whole process. Click this link http://www.visajourney.com/content/k1guide I also suggest reading the flowchart http://www.visajourney.com/content/k1flow and tips http://www.visajourney.com/content/k1tips

The form you'll file is the I-129F, be sure you get the right one.

The Ssn card won't work, as it's not proof of citizenship. Order a new copy of your birth certificate or get a new passport to attach to your packet.

Beneficiarys birth certificate is needed at the interview stage.

Don't think it will be any problem if the debt is paid before interview.

The requisite for filling is having met in the past 2 years prior to sending the petition, no minimum relationship time.

Good luck!

Thanks, you guys are very helpful!

[newacct 688]

Wouldn't her staying here just make the process even harder if shes technically illegal?

Nope.

[A'n'L 735]

Well I would love to. But she hasn't seen her family in a year. Her visa expires soon, and her flight back to mexico is may 30th. Wouldn't her staying here just make the process even harder if shes technically illegal?

Thanks, you guys are very helpful!

Nope.

Buuut, she wouldn't be able to travel outside the US (eg to Mexico to see her family) until you've married, filed for adjustment of status and work permit + advance parol aaand received advance parole. That would take at least 3-4 months depending on how fast you could get married and assemble the necessary documents.

So, it's up to the two of you what you would prefer. Waiting to be together, or her having to wait to see her family/friends back home.

[KayDeeCee 4,891]

Well I would love to. But she hasn't seen her family in a year. Her visa expires soon, and her flight back to mexico is may 30th. Wouldn't her staying here just make the process even harder if shes technically illegal?

Thanks, you guys are very helpful!

No. She can marry you, apply for AOS(I-485 and I-130 concurrently) and legally stay. She will be in a new period of authorized stay when she files to adjust status. At the same time, she can apply for I-765(EAD-work authorization) and I-131(AP-advance parole for travel). The fees for those are waived when filed with a pending I-485. They take about 60-90 days to receive. She would not be able to leave the US until she had the AP or green card though, or she would abandon the AOS process. So, she would need to decide if she could wait a few more months to visit her family, or if she would rather go back home, and then wait for the K-1 process before coming back to marry you.

Once she gets the green card, she can travel easily to visit her family when she wishes. Sometimes AOS only takes a few months to complete. It would depend on how busy your local USCIS office is as to how soon you would have the interview.

[kris&me 572]

Get a few originals of your birth certificate as several times in the future you will need to submit one

not hard to do, order and pay online in the state of your birth

[naomil 29]

I met my girlfriend online while she was working for Au-Pair in the US. She is originally from Mexico. Her visa is expiring and her flight back to mexico is may 30th. I fell deeply in love with her, and now we have decided our only way for each other to make this work is to go through with applying for the k1 visa and then getting married. I have already started working on the i-129, and have been doing my research like crazy. I am only 23 years old, but I decided I think I'm smart enough to get this done with out an attorney. So I'm ready to go through with this. I am not ready to wait 6+ months for us to live together again, but I'm in love and willing to do anything for us to be together.

I just have a few questions regarding this whole journey...

- I know I need to require proof that I am a US citizen (It says I need a passport or a birth certificate) I lost my birth certificate and do not have a passport, would it be okay for them to send them copies of my social security card?

SS card is a no, what state/county were you born? You can order a new copy of your birth certificate online. My fiance did this recently, it arrived in 2 weeks. You will need an original of this document later on, so get it out of the way early.

-Will the beneficiary (My girlfriend) be needing to send her birth certificate when I file the i-129 or do I wait for her interview to come and/or wait for us to get approved?

She only needs in for the interview.

- Also, I know since she is an au-pair and is required to pay taxes. We are taking care of this right now as she owes about 210$ to the IRS. Since we are paying for her taxes literally right before I send out our packet do you think we will run into problems getting approved?

Once your taxes are cleared off you should be fine

-Last question is do we need to be together for a certain amount of time? We've only been together for about 6 months. I have never felt the way I feel about her with any one else though, I'm positive I'm not making a mistake.

The requirement of K1 is only to have met in person at least once within a two year period before you file. However, you should start gathering evidence of your time together and probably try to do another visit or two before the interview. Have you read the guides?

Edited May 25, 2016 by msleja

[dustinandshan 0]

No. She can marry you, apply for AOS(I-485 and I-130 concurrently) and legally stay. She will be in a new period of authorized stay when she files to adjust status. At the same time, she can apply for I-765(EAD-work authorization) and I-131(AP-advance parole for travel). The fees for those are waived when filed with a pending I-485. They take about 60-90 days to receive. She would not be able to leave the US until she had the AP or green card though, or she would abandon the AOS process. So, she would need to decide if she could wait a few more months to visit her family, or if she would rather go back home, and then wait for the K-1 process before coming back to marry you.

Once she gets the green card, she can travel easily to visit her family when she wishes. Sometimes AOS only takes a few months to complete. It would depend on how busy your local USCIS office is as to how soon you would have the interview.

Her visa ends june 4th, is this a problem if we get married now?

[KayDeeCee 4,891]

Her visa ends june 4th, is this a problem if we get married now?

No. If you marry now, she can stay and file for AOS. Even if you file after June 4th, it won't matter. Like I said, she will enter a new period of authorized stay once her application for AOS is received. The small amount of overstay she might have before filing will not matter.

[dustinandshan 0]

No. If you marry now, she can stay and file for AOS. Even if you file after June 4th, it won't matter. Like I said, she will enter a new period of authorized stay once her application for AOS is received. The small amount of overstay she might have before filing will not matter.

I just don't have the 1400$