Looking for input

[LJaKW 1]

Hi Guys,

 

good to be part of this community. Already found some great information. However, I wanted to get some input from you guys or others who have already had the same experience. I am from Germany, have worked and lived in the United States for about 2 year, got my masters here and then had to leave after my OPT ran out. Me and my fiancé made the decision to get married for me to able to return to the place and work I love (TV news anchor).

 

Our petition was filed April 3rd and we received our NOA1. What's your experience with processing times, it's been about 3 months I believe for us but what can you expect?

 

We are getting married October 21st, I can enter freely for 3 months through the visa waiver program. What happens if the K1 is not processed by the time we get married in October ?

Do we have to start the whole shabang again?

 

I appreciate all your guys's help and input.

 

Best wishes from the Midwest,

LJ

Edited June 18, 2017 by LJaKW

[KULtoATL 1,551]

April cases are likely to be adjudicated at the end of June or early July. It would take approximately 3 months. In some cases less or more, there's no certain way of telling.

 

If it's 3 months, you can probably get married on the date that you have chosen. Again, no guarantee if there would be long AP or not after your K-1 interview at the embassy.

 

If I'm not mistaken, if you do get married on your VWP in the US without the K-1 (not that I'm encouraging you to commit immigration fraud), I think you'll just need to adjust your status. 

 

 

[geowrian 22,335]

11 minutes ago, LJaKW said:

Our petition was filed April 3rd and we received our NOA1. What's your experience with processing times, it's been about 3 months I believe for us but what can you expect?

The average is about 3-4 months for a NOA2. Then about a month to get to NVC and then to the embassy. Then it's embassy-specific, but generally 1-3 months after receipt of the case to interview (I Germany is about 1-2 months usually, but I could be wrong).

 

11 minutes ago, LJaKW said:

We are getting married October 21st, I can enter freely for 3 months through the visa waiver program. What happens if the K1 is not processed by the time we get married in October ?

I would strongly suggest not setting any wedding date this early in the process. As you noted, it's possible you won't have the visa by then. If so, you *can* enter the US on VWP to marry still...assuming you have sufficient ties to prove you are going to leave the US...but it is fraud to do with the intent to stay in the US. You would have to, after marriage, withdraw the current petition and start again with a CR-1 visa. ETA: 12-14+ months.

[LJaKW 1]

Thanks for your help guys, I appreciate it. Yeah we have already gotten our marriage license here in Iowa (weird thing right? can get married, but you can't work) ...

 

So They should process us, roughly around beginning of July an set up the visa appointment in Germany?

[geowrian 22,335]

10 minutes ago, KULtoATL said:

If I'm not mistaken, if you do get married on your VWP in the US without the K-1 (not that I'm encouraging you to commit immigration fraud), I think you'll just need to adjust your status. 

Entering with intent to marry is fine. But the OP cannot enter with the intent to file for AOS. They would have to go through consular processing for a CR-1 visa.

 

4 minutes ago, LJaKW said:

Thanks for your help guys, I appreciate it. Yeah we have already gotten our marriage license here in Iowa (weird thing right? can get married, but you can't work) ...

 

So They should process us, roughly around beginning of July an set up the visa appointment in Germany?

Not that weird. Marriage has nothing to do with work (well, at least employment...marriage is it's own kind of work haha). You can travel on a tourist visa to most countries and marry fine.

 

July-August would be the most likely timeframe for a NOA2 (assuming no RFE). It could be a little sooner, or months longer. Then a month to get to and through NVC and then to the embassy. An Oct. wedding date is possible but cutting it very tight and optimistic.

Edited June 18, 2017 by geowrian

[LJaKW 1]

Well our whole thing was, you can't really put on a wedding in 3 months you know, so we just planed ahead. I am sure it'll be fine. At least ABC is willing to give me my morning anchor slot back

 

Thanks again guys.

[Coco8 1,039]

35 minutes ago, LJaKW said:

 Yeah we have already gotten our marriage license here in Iowa (weird thing right? can get married, but you can't work) ...

 

If you are in Iowa right now you can marry and AOS.

 

If you are in Germany and filed for a K-1, I doubt you will be allowed back in the US through the VWP, particularly if you have just a few months left of the process. 

 

Anyway, you can fill in your timeline on VJ and it will give you some estimates of when you should expect your K-1 to be ready.

 

 

Edited June 18, 2017 by Coco8

[KULtoATL 1,551]

36 minutes ago, geowrian said:

Entering with intent to marry is fine. But the OP cannot enter with the intent to file for AOS. They would have to go through consular processing for a CR-1 visa.

 

Not that weird. Marriage has nothing to do with work (well, at least employment...marriage is it's own kind of work haha). You can travel on a tourist visa to most countries and marry fine.

 

July-August would be the most likely timeframe for a NOA2 (assuming no RFE). It could be a little sooner, or months longer. Then a month to get to and through NVC and then to the embassy. An Oct. wedding date is possible but cutting it very tight and optimistic.

Thanks for clarifying, as always Glad to be learning it!

 

@geowrian Since we're on this topic, just out of curiosity, let's say if one does get married in the US while on VWP and remain in the US after the wedding, CR-1 can still be filed within the US? I thought that's to be filed after marriage while the beneficiary is back in home country? I'm not familiar with it so I'm checking. 

 

Ps: I'm not asking anyone to commit immigration fraud.

Edited June 18, 2017 by KULtoATL

[mallafri76 1,012]

1 hour ago, LJaKW said:

 (weird thing right? can get married, but you can't work) ...

 

Not weird at all. Visiting the US as a tourist allows you to enter into contracts, such as getting married, but it doesn't allow you to work because that would mean tourists would be taking jobs from USC and LPRs. 

 

Hopefully you'll have your K-1 within the right timeframe. Speaking from experience, I know it doesn't always go that way.

 

As others have said, if you enter the US on VWP and get married, you have to return home and start over with the spousal visa instead. 

 

Also, remember that once you enter with the K-1, you still can't work until you've gotten married, applied for AOS and EAD and you get your EAD, which I believe takes about three months after you enter with your K-1. 

[caliliving 606]

2 hours ago, KULtoATL said:

Thanks for clarifying, as always Glad to be learning it!

 

@geowrian Since we're on this topic, just out of curiosity, let's say if one does get married in the US while on VWP and remain in the US after the wedding, CR-1 can still be filed within the US? I thought that's to be filed after marriage while the beneficiary is back in home country? I'm not familiar with it so I'm checking. 

 

Ps: I'm not asking anyone to commit immigration fraud.

Are u in the USA now?? If you are you can get married and apply for aos.

[geowrian 22,335]

2 hours ago, KULtoATL said:

Thanks for clarifying, as always Glad to be learning it!

 

@geowrian Since we're on this topic, just out of curiosity, let's say if one does get married in the US while on VWP and remain in the US after the wedding, CR-1 can still be filed within the US? I thought that's to be filed after marriage while the beneficiary is back in home country? I'm not familiar with it so I'm checking. 

 

Ps: I'm not asking anyone to commit immigration fraud.

np~

 

Yes, an I-130 and/or the CR-1/IR-1 visa can be applied for while physically inside the US. You don't have to wait until the beneficiary is back home. There's a section on the I-130 asking if they are in the US currently, so it's a couple more fields to provide, but that's the only difference.

 

I know.   If the OP is in the US right now and wants to marry and AOS, they can. If they leave the US, then they cannot re-enter with intent to stay.

[KULtoATL 1,551]

15 minutes ago, geowrian said:

np~

 

Yes, an I-130 and/or the CR-1/IR-1 visa can be applied for while physically inside the US. You don't have to wait until the beneficiary is back home. There's a section on the I-130 asking if they are in the US currently, so it's a couple more fields to provide, but that's the only difference.

 

I know.   If the OP is in the US right now and wants to marry and AOS, they can. If they leave the US, then they cannot re-enter with intent to stay.

Ohhhh I see  Good to know so that I can respond correctly in the future.

[Scandi 3,970]

We were also expecting our i-129f petition to be approved in 2-3 months as that's the timeframe in which "everyone else" was approved at the time. We expected to have the visa in hand about 5-6 months from the date we applied. Turned out that our petition got stuck at USCIS for 6 months instead of 2. It took us 10 months all-in-all until I had the visa in hand.

 

Never plan anything that can't be moved/changed in this process. 90 days is plenty of time to arrange a wedding ceremony but if you still need more time, marry at the court house when you first enter the US on your K-1 visa and have your ceremony later on when you have all your plans set.

Edited June 19, 2017 by Scandi

[USC1961 251]

3 hours ago, Scandi said:

We were also expecting our i-129f petition to be approved in 2-3 months as that's the timeframe in which "everyone else" was approved at the time. We expected to have the visa in hand about 5-6 months from the date we applied. Turned out that our petition got stuck at USCIS for 6 months instead of 2. It took us 10 months all-in-all until I had the visa in hand.

 

Never plan anything that can't be moved/changed in this process. 90 days is plenty of time to arrange a wedding ceremony but if you still need more time, marry at the court house when you first enter the US on your K-1 visa and have your ceremony later on when you have all your plans set.

This is excellent advice.  And from a first hand account also.   The most important thing in this process is planning ahead for flexibility.  Signing up for this process means you may need to make some sacrifices in terms of what you may think the "perfect" wedding may be. 

[TearsOfBabylon 1,680]

10 hours ago, LJaKW said:

Thanks for your help guys, I appreciate it. Yeah we have already gotten our marriage license here in Iowa (weird thing right? can get married, but you can't work) ...

 

So They should process us, roughly around beginning of July an set up the visa appointment in Germany?

Hey there!

I'm a March filer and still waiting for NOA2. We have receive date on March 17th and I'm hoping to move in September.
So your goal is a sportive one! Good luck for that! :-) :-)

Btw, you can travel to the States on ESTA during the pending K-1 process. Just make sure you're bringing enough binding ties for the case they look at you closer. 
And if you get married then, while the K-1 isn't issued yet, you're abandoning the K-1process.
A big waste of money - and TIME. Because I doubt you can file AOS then, since you provenly came statesite with an intent to marry. So going back here and file CR-1 after K-1 is another year of waiting and much money in the trashcan.
Rather postpone the wedding!

But stay positive, if no RFE comes AND everything goes smoothly, there's a chance!

Good luck for your journey!