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Me and my fiance have been engaged for the past 8 months and are entering the 3rd year of our relationship and are trying to decide if we should get married in her country or in the US after browsing the forum for a few hours and only managing to raise my level of anxiety about the process ive put together a list of the questions I have (some are answered in other post however I fell as if my situation might have slight variations)

1. Ive noticed that after arriving on a K1 visa and getting married my wife would then have to file for and adjustment in order to be able to stay in the US; However, we do not have plans to Live in the US we would just like to get married here and then move down to South America, is it 100% necessary that we adjust her status or could we do that 5 years from now if we decide we want to live in the US?

2. She has a daughter who is 8 years old and DOES NOT have a passport, the daughter would not be traveling with her to attend the wedding, would she still have to attend the interview process at the Embassy?

3.I spent the past 2 years and 4 months living in south america with her so I don't have a very impressive bank account as a "sponsor" since I have only been working for 4 months now wile going to school full time. how will this effect my credibility as a sponsor? would I have to get 2 Co-Sponsors on my forms? do they have to be direct relatives?

4. Can the forms she has to fill out be faxed to me or does she have to mail me the original copies of the form with her signature

Thank you ahead of time for anyone who takes the time to respond to this!, never knew it would be so complicated to marry a non US citizen! SHEESH!!!!!!

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However, we do not have plans to Live in the US we would just like to get married here and then move down to South America

If you just want to get married in the USA but not actually live there, then you don't need a K1. You can marry on a tourist visa in the USA. K1 is for those who want to stay and immigrate after marriage.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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1. Ive noticed that after arriving on a K1 visa and getting married my wife would then have to file for and adjustment in order to be able to stay in the US; However, we do not have plans to Live in the US we would just like to get married here and then move down to South America, is it 100% necessary that we adjust her status

No, not really. If all you want to do is get married in the US, then why not apply for a visitor's visa?

or could we do that 5 years from now if we decide we want to live in the US?

Then you'd file for a CR-1 Spousal visa or DCF.

2. She has a daughter who is 8 years old and DOES NOT have a passport, the daughter would not be traveling with her to attend the wedding, would she still have to attend the interview process at the Embassy?

No

3.I spent the past 2 years and 4 months living in south america with her so I don't have a very impressive bank account as a "sponsor" since I have only been working for 4 months now wile going to school full time. how will this effect my credibility as a sponsor? would I have to get 2 Co-Sponsors on my forms?

Only can have one cosponsor.

do they have to be direct relatives?

No

4. Can the forms she has to fill out be faxed to me or does she have to mail me the original copies of the form with her signature

The Letter of Intent and her G325A must be original signatures.

Thank you ahead of time for anyone who takes the time to respond to this!, never knew it would be so complicated to marry a non US citizen! SHEESH!!!!!!

It's a privledge, not a right. Thank goodness we in the US have this.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

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Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

Your co sponsor would need to make the required amount alone.

You cannot join a co sponsors finance with your own to get the required amount.


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!)

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Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

It is only fraud if you plan on getting married on a visitor's visa and just adjusting her status afterwards so that she can stay. It is not viewed as immigration fraud to marry here and then return to your country of residence. IF you have not decided what country you want to live in, I would try to figure this out beforehand.

If you already know that you want to live in another country, I would file for the visitor's visa and prove very strong ties that your fiancee has that will show you plan to return after your wedding.


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing visa paths. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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