If USCIS sent out this poll to all K-1 recipients, how would you answer?

[Usui Takumi 1,562]

In your opinion?....and wow I wish you could edit the poll itself in your 5 minutes...ignore the typos....

Edited December 6, 2009 by Sousuke

[Rhiannercakes 14]

I think 90 days is fine.

I had to pick I was happy with the process, though it would be nice if Canada opened a consulate for the poor people in the middle of the country that have to fly to either Vancouver or Montreal for their appointments and medicals.

[Mrs.J06 4]

I agree, the 90 days are fine.

We probably would not have married at all (or at least not for quite a while) if that had been possible.

On the other hand looking back now, the commitment of being married helped us through the rough patches we had during the transition period. We are both glad we did it the way we have (K-1).

[Saddle Bronc 124]

1. IMO 60 days is adequate--the 90 given is way more
2. happy with process (but see note)

Note: lot more complicated. I had originally entered US to work on TN-1 and then gotten GC through labour-cert; unfortunately due to the attorney I chose being a douchebag (he filed me in wrong category), I wound up for almost 2 years in a hurry-up-and-wait state where it was easier to buy a house than to get married (no humour in it, this was actual case--though I actually didn't think of house-purchase at that time), and (due to other circumstances) had to wait another 5 to naturalise and finally filed K-1. Had INS actually given officers training on the ramifications of NAFTA (and its work visas), I could perhaps have gotten married sooner--without having to wait for Green Card and naturalisation (pre-emptive :bonk: for those who suggest "well, you could have married a Canuck or Yank, which INS did understand")

[Saddle Bronc 124]

BTW, I reread the poll and ran it by my wife (recipient of K-1)--and she agrees cent-percent!

[bora bora 1]

I think 90 days is perfect.

I wouldn't change anything because we were separated for a bit while waiting to be approved and I didn't want a husband living in another country, so no K3 for us.

[Saddle Bronc 124]

I think 90 days is perfect.

I wouldn't change anything because we were separated for a bit while waiting to be approved and I didn't want a husband living in another country, so no K3 for us.

Good point: spousal separation at beginning (with unpredictable length) is just not desirable, especially given a shambolically-designed visa such as K-3. Edited December 9, 2009 by Saddle Bronc

[rebeccajo 14]

120 days would be good - might help those concerned with wedding plans. 90 days was fine for us.

You didn't list an option for getting married in the US. I only mention that because hindsight being what it is, I would have opted for a spousal visa (the UK won't permit marriage between a citizen and a foreign born person) over a K1. Entering the US with a green card has got to be easier than waiting 18 months for one.

Edited December 9, 2009 by rebeccajo

[Usui Takumi 1,562]

Yeah I voted similarly...before visa journey I was convinced by a solicitor that DCF was no faster then the K1. So i made the mistake of filing for the K1. Prior to this mistake we researched how to get married and one thing that is required by the local authority is a certificate from the UK government giving permission to marry (for the foreigner). I assume the certificate is easy to acquire but I wasn't sure how long it took. Still i'm sure even with the wait + DCF it would have been 3 times as quick as our K1.

[rebeccajo 14]

Yeah I voted similarly...before visa journey I was convinced by a solicitor that DCF was no faster then the K1. So i made the mistake of filing for the K1. Prior to this mistake we researched how to get married and one thing that is required by the local authority is a certificate from the UK government giving permission to marry (for the foreigner). I assume the certificate is easy to acquire but I wasn't sure how long it took. Still i'm sure even with the wait + DCF it would have been 3 times as quick as our K1.

Here's your answer about a foreign national and a british citizen wishing to marry:

In order to qualify for a certificate of approval, a person must have valid leave to enter or remain in the UK as follows: he/she must have:

§ been granted leave to enter or remain in the UK totalling more than 6 months on this occasion ; and

§ have at least 3 months of this leave remaining at the time of making the application.

Following the final judgement in the Baiai case we intend to comply with the judgement issued.

There have been two cases where it has taken 426 and 405 days respectively to reach a decision. In both instances the delay was not caused by IND. In the first instance the AIT had an appeal pending and in the second we waited 6 months for submission of original documents. In both cases a certificate was granted.

There is no minimum time required for deciding applications. IND aim to decide 70% of applications in 20 working days of receipt and 90% within 70 working days. Performance against target is available on the IND web-site.

The time that it takes to arrive at a decision is not limited by resources nor is it a deliberate policy. These are charged applications and the payment needs to be cleared initially, then the application details are entered onto IND’s computer system before the case is passed to a caseworker for consideration. After that the decision time is dictated by any additional information that may be required or the requirement to conclude other outstanding applications or appeals.

IND needs to see all applicants’ original passports at some time during the consideration process. We also need to see the passports of any British or settled intended spouses. These can be returned at any time if required. In practice it is helpful if such a request is delayed to allow time for the application to reach a caseworker, hence the suggestion to wait 10 days. If an applicant needs to travel they may request their passport back at any time. Withdrawal of a passport does not withdraw a Certificate of Approval application since it is not an application for leave to remain. However if a passport is withdrawn for travel we will need to see it again when the applicant returns to the UK to verify their return and latest conditions of entry. An application may be made including a copy passport provided a reason is given for doing so. However the original passport must be submitted before a decision can be reached.

http://www.homeoffice.gov.uk/about-us/free...roval?view=Html

[Usui Takumi 1,562]

So that would be say ~45 days + 30 days (30 days is the avg wait time for a civil marriage at the local authority...at least where we had lived) + what 90-120 days for DCF? = so anywhere between 170 - 200 days roughly....still with the GC etc. and no AOS.

Yep should have done that...though I may have run into problems anyway. By the time we realized what we wanted to do I was already preparing for interviews, around July. In the end, I took a position in the Bay area by October 1, so it would have been tight to get the certificate, the wedding, and the DCF off before I relinquished my UK residency (assuming you can relinquish residency after you file). All in a period around 80 days.

[Saddle Bronc 124]

Yeah I voted similarly...before visa journey I was convinced by a solicitor that DCF was no faster then the K1. So i made the mistake of filing for the K1. Prior to this mistake we researched how to get married and one thing that is required by the local authority is a certificate from the UK government giving permission to marry (for the foreigner). I assume the certificate is easy to acquire but I wasn't sure how long it took. Still i'm sure even with the wait + DCF it would have been 3 times as quick as our K1.

Was this colicitor UK- or US-based? Oft, immigration-attorneys outside US know much less about US immigration than they claim to (some of them know less than I've learned the hard way).

(admittedly, some even in US are not up to speed--as I proved when a trio of attorneys spoke about immigration issues at my church; one of them made many claims about TN-1's, and was quite surprised when I corrected her from experience)

[Usui Takumi 1,562]

Yeah he was based in Birmingham. We quickly decided not to hire him when he quietly stated in his office that the firm was cutting the family immigration section and he would need about 30 days to set up his own office. I walked away assuming that he was probably just leaving the company on his own and trying to steal some clients as he went out the door. I should have done more research back then and forgotten what he said altogether. Instead, I only researched the K1 from that point on.