Jump to content
Gattious

Need advice and time table for K-1

36 posts in this topic

Recommended Posts

My fiance, Canadian. I'm american.

It is my understanding that we must get a k-1 then marry or else it is considered fraud. We are both in Canada right now, i'm just visiting.

If she comes back to the states with me [ florida ] while I process the k-1 how long can I expect her to stay until she has to go back to Canada to handle her side.

I read the stickies , guides / faq but I still don't understand fully.

I want to keep her physically with me as long as possible, can anyone guide me in a way to do this? She also would like to work if possible while during her green card process. Will it be hard for her to get a job with a EAD i think its called? Will employers look down on her or will it be hard for them to employ her with one?

I have to file for a temporary work visa after or can I do it at the same time as the k-1. I've heard both so I want to make sure.

Will an immigration lawyer speed this up? I know I can't expedite k-1s.

SO I send the petition and wait for approval, that takes anywhere from 1 month to 6 the faq said.
I then wait for it to be proccessed at the NVC and then sent to the consulate...
Thats when she can pick it up, correct?

How long does the proccessing and the NVC take, how long for them to send to the consulate.
I read she needs a medical check, how long does that take to schedule and what other details are going into this on what she needs to do. What is the timeframe she needs etc.

I value any opinions you share. Thank you

Share this post


Link to post
Share on other sites

If anyone can learn from me, please listen!! :) My fiance and I were together almost 2 years. Once we got engaged he was denied entry into the US. The customs officials saw his Facebook page (that said we were engaged) and denied him entry. He now needs a visa to enter. However, because he has been flagged as engaed, we are unable to get him a work and or travel visa. We are 4 months into the fiance (K-1) visa process, and it seems we have atleast another 4 months + to go. He is not allowed to vist here while the visa is in processing. my thoughts to you, go back to Florida, (her on a ESTA or travel visa) then get married. Once you are married you can change her status. I wish more than anything we did not try to "do the right thing" and we go married first.


And if you file a K-1 Visa, she cannot be in the states. She needs to be in Canada.

Share this post


Link to post
Share on other sites

You guys can marry in the u.s. But she has to return to Canada otherwise it is visa fraud because she had the intent the marry on a visitors visa and stay which is not what the visa is for . She does not have to stay in Canada during the whole process if she is able to get a visitors visa after you file the k1 then that's great she just needs to show ties that she will return to Canada and not stay in the us for the remainder of the k1 which is usually what most people have the issue with proving you guys are allowed to visit each other though .

Share this post


Link to post
Share on other sites

And a lawyer will not speed anything up if your case has no red flags is simple and such they are just turning in the forms to immigration and charging you crazy amounts which is silly when you can do their job for free .

Share this post


Link to post
Share on other sites
Giving advice for someone to do immigration fraud is against The TOS.

Do not tell people to do this.

OP- do not take this advice.

Does anyone know 100% they will deny my inital petition because she is currently within the United states?

She is visiting you.

She cannot be denied for visiting as long as it's legal.

She can visit throughout the process, but she will have to return to her country to do the medical and interview once the case has been approved and sent to her local embassy.

How fast that goes will depend on long it takes to get there and for her to get her case number and how fast the medical is scheduled and interview.

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

Share this post


Link to post
Share on other sites

Giving advice for someone to do immigration fraud is against The TOS.

Do not tell people to do this.

OP- do not take this advice.

She is visiting you.

She cannot be denied for visiting as long as it's legal.

Thank you. It will be legal, she hasnt been in the states in an entire year. She should have up to the 6 months to stay legally without a visa.

If I file the k-1 petition, will she be able to stay with me until she has to go do her part? Do you know how long her part could take.

I wouldn't want her away for too long, plus it'd be a hastle.

Say I take her with me back to the states, then file. Everything should be fine?

Share this post


Link to post
Share on other sites

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

Share this post


Link to post
Share on other sites

Thank you. It will be legal, she hasnt been in the states in an entire year. She should have up to the 6 months to stay legally without a visa.

If I file the k-1 petition, will she be able to stay with me until she has to go do her part? Do you know how long her part could take.

I wouldn't want her away for too long, plus it'd be a hastle.

Say I take her with me back to the states, then file. Everything should be fine?

Use the search box to find others from her country and you can look at their timelines to see how long it took after NOA2 was approved.

It is perfectly fine for her to stay with you for the duration she is allowed, she might have to prove ties to home of course at immigration.

No one ever wants it to take long, but in all honesty, you never know how long parts of it will take.

So what you're thinking is fine.

If you get your NoA2 whilst she is there, I don't know if she books the medical or if it's done for her, same for her interview.

If she books them, she can do it from America and go home when it's time to do them.

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

Share this post


Link to post
Share on other sites

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

It is illegal to use a visitors visa or etsa with premeditation to get married and stay to adjust.

It is legal to use a visitors visa or etsa to get married and leave the states.

The attorney was wrong.

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

Share this post


Link to post
Share on other sites

Use the search box to find others from her country and you can look at their timelines to see how long it took after NOA2 was approved.

It is perfectly fine for her to stay with you for the duration she is allowed, she might have to prove ties to home of course at immigration.

No one ever wants it to take long, but in all honesty, you never know how long parts of it will take.

So what you're thinking is fine.

If you get your NoA2 whilst she is there, I don't know if she books the medical or if it's done for her, same for her interview.

If she books them, she can do it from America and go home when it's time to do them.

Thanks for your advice, please feel free to check back and help me every now and then.

Share this post


Link to post
Share on other sites

Thanks for your advice, please feel free to check back and help me every now and then.

We've all done this or are doing it. So never feel like you can't ask anything. That's what these forums are here for ?

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

Share this post


Link to post
Share on other sites

Prior to leaving for Italy, we were told by a local attorney that it would be no problem to get married and adjust his status. His reasoning, was that my fiance had already been in America 60+ days. (90 is the max). So no "red flags" would be raised. I never even consider visa fraud, when giving my personal advice, just passing allong information a lawyer gave me that I wish I had followed last fall. I certinly do not want any problems for anybody, I know what an stressful, long, emotional process this can be.

It is all a matter of intent. What you described on your other thread sounds as if you had a sudden change of plans due to pregnancy (please correct me if I'm wrong). *That* is not a problem to stay and adjust (although the attorney was wrong--this would raise some flags and you may be required to explain it). They do allow room for a sudden change of plans. In that case, the attorney was right. Where you made a bit of an error was him leaving the US. Because once he was coming back in, engaged and with the intention to marry and stay...well, THAT would have been fraud. And that's why he was turned around at customs.

In addition, it is routine to deny tourist visas to anyone who shows immigrant intent. The #1 thing you have to prove for a tourist visa is that you are not intending to immigrate. So having an application in for a visa that has immigrant intent (the K-1 application) shows that you DO intend to immigrate and are therefore ineligible for a tourist visa. If that attorney told you that it would be fine for him to come in on a "regular" visa (the visa waiver program in your case) as an intending immigrant, then I am sorry to tell you, that attorney really steered you in the wrong (and illegal) direction, and really cost you a lot of time apart :(

For this poster, they have to go through K-1 because the fiance is intending to immigrate. Canadians have completely different rules than anyone else (they get visa-free entry), and are able to visit while K-1s are processing, as long as they can show that on that particular trip, they intend to return to Canada.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Share this post


Link to post
Share on other sites

CatherineA you are correct (your good)! I am assuming based on my information and situation, is where the attorney was coming from in his advice. Which is clearly a different situation that the poster of this thread. However, we were naive and planned to get married after the baby, When my fiance returned in October, and got denied, he was on an ESTA and there were no plans to get married. The agents new he was engaged... whitch, as you touched upon, I am sure raised the red flag, that at somepoint (possible then) he would try to immigrate. It all makes sense! Thank you for clarifying for me!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×