K1 Visa Help Really Needed

[tuesdaysgone 0]

I am a British citizen currently living in the United States with my American fiancee. I am here on a F1 Student Visa and we will be applying for a K1 fiancee visa.

I am worried about when to petition the i129f. Do I need to go back to the UK while my partner sends the i129f and the visa application is processed or can I stay in the US?

I am here studying and I can fly over to the US embassy in London whenever needed.

There is a question on the I 129F which asks if your fiance or spouse is currently in the country, and if so, the departure date on their customs form in the passport, my i94 does not expire until 2012. so i am not overstaying and I am actively studying.

2.How long on average does the process take, I have a stockpile of evidence proving a relationship, we both do not have criminal records and I am a police officer on a career break.

[mingus_drake 0]

processing times are here: http://www.visajourney.com/forums/index.ph...&page=times

so far as i know you'll be allowed to stay on your current visa then adust status when the K1 comes through but will have to go to london for your interview. not sure if K1 is the best option for you?

[tuesdaysgone 0]

Thank you first of all.

From what I have looked at the K1 is the best visa to go for as the K2 is for spouse only and I know for definate I will get deported if I was to marry under a student visa, so that is a definate no no.

Flying to London for the medical exam, interview etc is perfectly ok, I really do not mind that. I just don't want my partner to file the i129f while im stateside and end up getting deported and blacklisted, hence I need to be sure its ok.

[Carlawarla 1]

When you came on your F1 Visa, did you know your now fiance? If you came to the US first, then met him/her you can marry and adjust that way. Coming to the US, even on another visa, in order to circumvent the family based visa process is considered fraud, if you married...however if you came here, met her/him, THEN fell in love and wanted to get married, then you can just stay here while the whole process is under way.

If you did know him/her before you came over on the other visa, then your US partner could process the petition now while you're still here and you could go back for the interview.

[pushbrk 12,232]

When you came on your F1 Visa, did you know your now fiance? If you came to the US first, then met him/her you can marry and adjust that way. Coming to the US, even on another visa, in order to circumvent the family based visa process is considered fraud, if you married...however if you came here, met her/him, THEN fell in love and wanted to get married, then you can just stay here while the whole process is under way.

If you did know him/her before you came over on the other visa, then your US partner could process the petition now while you're still here and you could go back for the interview.

Yes, or if simply your decision to marry occurred after your last US entry (not before) then you can simply marry and adjust status. Unlike the UK, you don't need a fiance visa to marry in the US, just to do the combination of 1. enter 2. marry and 3. immigrate. Since you're already here, as long as upon your last entry you had not intent of two and three above, you may simply do 2 and 3 above and stay. Emphasis on "stay" until the adjustment of status process is complete.

See the "Guide" for couples where both husband and wife are in the USA.

[tuesdaysgone 0]

The background: Feb 08 I came to Alabama on vacation and enquired at the university a course of study.

From March 08 to Oct 08 I was arranging the paperwork, applying for visa etc.

I met my fiance in April 08, spent a summer vacation with her in July and now I live with her.

I had no intention of marrying her. The immigration woman asked me if I had any intention to marry. I said no, I'm here to study and study alone.

[Carlawarla 1]

The background: Feb 08 I came to Alabama on vacation and enquired at the university a course of study.

From March 08 to Oct 08 I was arranging the paperwork, applying for visa etc.

I met my fiance in April 08, spent a summer vacation with her in July and now I live with her.

I had no intention of marrying her. The immigration woman asked me if I had any intention to marry. I said no, I'm here to study and study alone.

As stated earlier, so much of this depends on your intention when you last arrived in the US. I understand from your timeline that you met your fiance in April 08, spent some time with her in July. You arranged your paperwork after visiting the university in Februray 08 before you met your fiance...however when did you GET your visa to come here, and when did you start school? That's okay if you knew her and spent some time with her before you came back with your student visa and started school, but you mention you now live together, so this last bit needs some clarification.

[pushbrk 12,232]

The background: Feb 08 I came to Alabama on vacation and enquired at the university a course of study.

From March 08 to Oct 08 I was arranging the paperwork, applying for visa etc.

I met my fiance in April 08, spent a summer vacation with her in July and now I live with her.

I had no intention of marrying her. The immigration woman asked me if I had any intention to marry. I said no, I'm here to study and study alone.

As stated earlier, so much of this depends on your intention when you last arrived in the US. I understand from your timeline that you met your fiance in April 08, spent some time with her in July. You arranged your paperwork after visiting the university in Februray 08 before you met your fiance...however when did you GET your visa to come here, and when did you start school? That's okay if you knew her and spent some time with her before you came back with your student visa and started school, but you mention you now live together, so this last bit needs some clarification.

Keep it simple. It's intent on your most recent US entry.

What is the date you most recently entered the USA?

What is the date you decided to marry?

Do you need to leave the USA anytime soon for any purpose?

[tuesdaysgone 0]

here is the information you asked for:

I got my visa to the US in Oct 08.

I began school 7th Jan, the F1 visa allowed me to come 1 month before school started so I was here on the 12th Dec (most recent date I entered the US) and lived with my fiance from the 12th. We decided to marry within the last few weeks. We wont actually marry until we know for sure it is allowed and my fiance's divorce from a previous marriage has been full processed. The divorce papers have been signed and it is currently being processed.

With regards to my fiance's divorce, they separated 14 months ago and have not been living together.

I do not need to leave the US anytime soon.

[M. 0]

here is the information you asked for:

I got my visa to the US in Oct 08.

I began school 7th Jan, the F1 visa allowed me to come 1 month before school started so I was here on the 12th Dec (most recent date I entered the US) and lived with my fiance from the 12th. We decided to marry within the last few weeks. We wont actually marry until we know for sure it is allowed and my fiance's divorce from a previous marriage has been full processed. The divorce papers have been signed and it is currently being processed.

With regards to my fiance's divorce, they separated 14 months ago and have not been living together.

I do not need to leave the US anytime soon.

"divorce papers have been signed and it is currently being processed"

What papers? The complaint? The final judgment of divorce (FJD)? The acknowledgment of service? The property/marital settlement agreement (PSA)?

What I'm trying to say (as someone with a bit of knowledge of family court, though IANAL) is that there are A LOT of papers that get signed in a divorce. If the FJD is signed by a JUDGE, you're good to go for a K1 visa and/or get married. If there is no FJD, she could be separated for 14 YEARS with a signed PSA that she's following to the letter, but she's not divorced, and you can't file for the K1 visa if you want to. Hell, I've seen complaints come in, and the plaintiff in the action never follows through and the complaint is summarily dismissed. The look on the defendant's face several years later when s/he comes in for a copy of the divorce decree in order to remarry is one of the most heartbreaking things to witness. No FJD, no divorce, no K1. In fact, I think I saw someone in here recently get denied a K1 because of a lack of FJD at the time the petition was filed--the process simply moved faster than s/he expected and the divorce wasn't finalized by the time the interview rolled around.

So, I suppose what I'm saying is that if you want to go the K1 route (and with your timeline, IMHO, I'd go K1 because it's a bit too close to call) you're going to need to wait a bit. But you're in a course in Uni anyway, so it's not like it's an immediate need right this second to start the process.

[tuesdaysgone 0]

Hi, yes it is the FJD final judgement of divorce that has been signed.

[Carlawarla 1]

If your intent was not to marry the last time you came into the US, then you could proceed to marry after she obtains the divorce and adjust status while you're here in the U.S.

Just a word of caution however...when you say the divorce is being processed, know that this can take quite a bit of time, and you'll have to wait until you have the divorce decree before filing.

I was seperated for 2 years before meeting my now husband, and when I submitted papers to be filed, that's when my now ex decided to be a goof and prolong the whole process. After the "papers were signed, and were awaiting processing...", it took two further years. Hope this isn't the case for you, but be prepared that this might not be an open and shut case.

Best of luck!

[tuesdaysgone 0]

Thank you. The divorce decree should be ready in a few weeks and my fiance's ex partner is in agreement to the divorce

With regards to the I-864 financial affidavit form, I have looked at the I-864P guidelines and am confused. My fiance has 1 daughter from the previous marriage who's custody is shared between the two.

http://travel.state.gov/visa/immigrants/info/info_1327.html

Would the size of the family unit include me or not. If so 125% of the poverty guidelines would it be $22,000? If my fiance cannot meet this amount can a co sponsor step in to cover the difference?

My partner was laid off not too long ago and recieves a disability cheque for her back injury, would this amount be counted towards financial proof?

[tuesdaysgone 0]

So now I know it is a case of adjusting my visa status, can someone please advise us what forms are needed to be filled out and is it an actual visa I am applying for. Id like to know exactly what I would need to do from the point of being married.

Thanks

[tuesdaysgone 0]

Please ignore the last comment as I have found the guide on here on how to apply.