Need some k1 advice

[jeff and claire 0]

Hi Folks:

I'm going to explain my situation and then ask for advice. I met my fiancee (who is from Brisbane, Australia) while we were both on study abroad in Copenhagen. We dated for most of that time, realized we had something special, and then she came back to the USA with me after the program was over to stay for a while. In february of this year I asked her to marry me, she said yes, and then she went back to Australia to finish her last semester of school.

The other day she bought plane tickets to fly to LA on the 18th of August, and then we realized (possibly too late) that the visa application for a fiancee is not a quick and easy process. I live in Columbus, Ohio - and only for 6 more weeks because I am moving to Seattle, Washington, in anticipation of her coming to join me there. I was going to start my I294F and turn it into Columbus field office this week, but what I'm worried about is that everything takes so long to process that she won't be able to catch her flight.

Is there some other way we could do this? We are just broke young people, we don't have money to pay people to handle it for us and I have to do everything myself while trying to juggle our chaotic life. Should she come in on a visitor visa and then apply for something else? Should i turn in the 1-294 and just hope it will take less than 4 months? Maybe Australia is a faster country?

Any help you could give Claire and I would be greatly appreciated. I already haven't seen her in three months... eight more is not easy to think about.

Thanks,

Jeff

[Darnell 8,478]

I was going to start my I294F and turn it into Columbus field office this week

Sorry, ya never, ever, turn in an I-129F petition INTO a field office.

Please read the instructions on the form for 'where to mail'.

At some point, you'll need to decide what address you will use for receiving USCIS notices.

Many students use their parent's address for that (since the parents rarely move).

Good Luck !

[that_girl 9]

Hi Folks:

I'm going to explain my situation and then ask for advice. I met my fiancee (who is from Brisbane, Australia) while we were both on study abroad in Copenhagen. We dated for most of that time, realized we had something special, and then she came back to the USA with me after the program was over to stay for a while. In february of this year I asked her to marry me, she said yes, and then she went back to Australia to finish her last semester of school.

The other day she bought plane tickets to fly to LA on the 18th of August, and then we realized (possibly too late) that the visa application for a fiancee is not a quick and easy process. I live in Columbus, Ohio - and only for 6 more weeks because I am moving to Seattle, Washington, in anticipation of her coming to join me there. I was going to start my I294F and turn it into Columbus field office this week, but what I'm worried about is that everything takes so long to process that she won't be able to catch her flight.

Is there some other way we could do this? We are just broke young people, we don't have money to pay people to handle it for us and I have to do everything myself while trying to juggle our chaotic life. Should she come in on a visitor visa and then apply for something else? Should i turn in the 1-294 and just hope it will take less than 4 months? Maybe Australia is a faster country?

Any help you could give Claire and I would be greatly appreciated. I already haven't seen her in three months... eight more is not easy to think about.

Thanks,

Jeff

She might have her visa by mid August, if you file now, but there's CERTAINLY no guarantee. Make sure to read the guides (here!) so that you can stay abreast of all the coming steps and anticipate what you need to do ahead of time to avoid possible delays. Indeed, as Darnell stated, make sure you read up on the instructions, too, so that you don't make mistakes that could lead to a delay. If you still have questions after studying the form instructions and the guides, people here on VJ are happy to help!

Even if the K-1 visa isn't issued by the time she arrives here, she may still be able to come for a visit while waiting for it to be issued on the VWP, providing she has evidence of strong ties to Oz. If not, I would advise her to cancel the tickets (if they're refundable) and wait until the visa is issued.

My fiance (who is from New Zealand - just across the ditch from Oz!) and I are "broke young people" as well, and it is perfectly reasonable to expect that you two can do all the paperwork, etc. yourselves. In fact, it will probably be quicker and easier and will certainly be cheaper than hiring someone to do it for you. Just do lots of reading. Make the K-1 visa process a hobby for the next few months... Things seem to go relatively quickly with regard to the Australian consulate - no waiting months and months for an interview date like in some countries.

Just as a case study: We applied for the K-1 in the beginning of November, and my fiance is arriving in the US today - just shy of six months all together.

Good luck on your journey!

[jeff and claire 0]

I was going to start my I294F and turn it into Columbus field office this week

Sorry, ya never, ever, turn in an I-129F petition INTO a field office.

Please read the instructions on the form for 'where to mail'.

Okay, that's fine. What are we supposed to do about our plans, though? Is it reasonable to expect a result in 4 months?

[that_girl 9]

Okay, that's fine. What are we supposed to do about our plans, though? Is it reasonable to expect a result in 4 months?

Short answer: no.

It's possible, but unlikely. It took about four months for us to go from sending the petition (129F) to receiving approval of the petition from USCIS (NOA2). After that, there were still all of the steps that take place in the foreign fiance's country (more paperwork for her to complete, medical exam, interview at the consulate, etc.)

[jeff and claire 0]

Even if the K-1 visa isn't issued by the time she arrives here, she may still be able to come for a visit while waiting for it to be issued on the VWP, providing she has evidence of strong ties to Oz. If not, I would advise her to cancel the tickets (if they're refundable) and wait until the visa is issued.

Can you expound upon this a bit? I'm not sure what you're referring to.

[Wyld Blu 35]

Okay, that's fine. What are we supposed to do about our plans, though? Is it reasonable to expect a result in 4 months?

You can also find timelines on this website...but you should expect at LEAST a 6 month wait from the time you file to the time you receive a Fiancee visa. Also...please read about the affidavit of support. You will need to show that you are able (with or without a co-sponsor) to support her and yourself for her to even get the visa.

-Blu-

[jeff and claire 0]

Short answer: no.

It's possible, but unlikely. It took about four months for us to go from sending the petition (129F) to receiving approval of the petition from USCIS (NOA2). After that, there were still all of the steps that take place in the foreign fiance's country (more paperwork for her to complete, medical exam, interview at the consulate, etc.)

Her ticket is unrefundable - which I admit was a mistake - but we can pay a fee to have the date changed, I think. Would it be better to pursue her being able to come on that day no matter the status of her application, or to assume we'll have to bump it backwards? That will change things for both of us...

You can also find timelines on this website...but you should expect at LEAST a 6 month wait from the time you file to the time you receive a Fiancee visa. Also...please read about the affidavit of support. You will need to show that you are able (with or without a co-sponsor) to support her and yourself for her to even get the visa.

-Blu-

I wanted to ask someone about that affadavit of support... I printed one out and looked at it, and it seems fairly simple... the only way we could get in trouble is if I've already left my current job to go to Seattle, and am in the middle of looking for work - then I'd have no income. I'd have to work at a coffee shop or something to be able to put it on that form.

[belinda63 3,039]

Please read the guides first. The fiance visa will take about 6-8 months if there are no problems. After the petition is approved she will have to undergo a medical exam and interview in her country prior to receiving the visa. You will have to show with or without a co-sponsor that you meet the minimum poverty requirements for the visa to be approved. After she arrives you will have to file for AOS for her to obtain her green card and employment authorization.

I think you should spend a little more time studying the guides and understanding the entire process including all the costs involved.

[that_girl 9]

Can you expound upon this a bit? I'm not sure what you're referring to.

VWP (visa waiver program) is something that allows people from certain countries (Aus being one) to come to the US to visit without applying for a tourist visa. Basically what I meant is that she can use that ticket to come for a visit, but she'll have to go back to Aus to complete the visa process before coming here for good.

Her ticket is unrefundable - which I admit was a mistake - but we can pay a fee to have the date changed, I think. Would it be better to pursue her being able to come on that day no matter the status of her application, or to assume we'll have to bump it backwards? That will change things for both of us...

If the visa process is not complete and she comes over to the US with that ticket intending to stay, that's immigration fraud. She has to complete the interview for the K-1 visa at the foreign consulate, receive the visa, THEN come here and marry you within 90 days of entry.

I wanted to ask someone about that affadavit of support... I printed one out and looked at it, and it seems fairly simple... the only way we could get in trouble is if I've already left my current job to go to Seattle, and am in the middle of looking for work - then I'd have no income. I'd have to work at a coffee shop or something to be able to put it on that form.

If you don't meet the minimum income requirements to sponsor her, you can always get a cosponsor. But worry about all the forms you have to submit with the I-129F submission for now, then once that's sent off, think about your next step (I-134 and all that).

I think you should spend a little more time studying the guides and understanding the entire process including all the costs involved.

Agreed. It's a long and arduous process, but there will be plenty of resources, answers and support available to you along the way. But the more you understand, the less likely you will make a mistake that will result in you two being apart even longer.

[jeff and claire 0]

VWP (visa waiver program) is something that allows people from certain countries (Aus being one) to come to the US to visit without applying for a tourist visa. Basically what I meant is that she can use that ticket to come for a visit, but she'll have to go back to Aus to complete the visa process before coming here for good.

So if they don't take her passport from her, she could ostensibly come for 90 days to visit, as long as she went back to Australia to complete the process? It might be better for us then to wait to start the process, so that she can definitely come to the USA... we were planning to go to AUS for christmas this year, so if she goes back in mid november I can join her there, and then we can re-enter together with her finished K-1.

[Darnell 8,478]

IIWY, I wouldn't change ANY travel plans at all. You've not filed the I-129F yet, CBP doesn't know about her. Also, IMO, even after the I-129F if filed, she'll be FINE coming back and forth.

[BinhJerome 14]

First off, there are some requirements that must be met before you should ever file for a K1 visa, read the guides as others have mentioned. You mentioned a few things that did not sound good at all and could end up costing you big time in the end. First off, do not try to get her here on a different visa, then try and change status, if they feel that you lied on your original visa (visitor) and had other motives (marriage) then this is considered visa fraud, and she could be denied entry for life. What are the chances of this happening, probably slim to none, but if they found out what the original plan was, they would most certainly use that to black list her. Second thing I saw and did not really like is that you said you were both broke kids. When you file for a K1 visa you have to make a certain amount of money for the previous year, if that is not met they will not issue a visa, so once again read the guides and see if you can even file for a K1 at this time. There is a option for a co-sponser for the K1 so if you do not meet the minimum you can always ask your parents to do that for you. Now for the other parts, when you file it usually takes about 6 months for the interview to ever be set up, sometimes it is faster and sometimes not as fast, where you file from is where you will be living. There are places to send based on where you live, once again read the guides. If you are worried about her trip messing up the schedule, then simply wait to file until she is here or a month before depending on how long she will be here. The most important thing to ever do is to be honest when you do any visa application. Good luck, it sounds like you will have an uphill battle, and another option you might use is a Cr1 visa, when she is here on her visit you both can get married and when she goes home you can then file for the CR1 visa, it is cheaper all the way around and it takes about the same time for the interview to happen. Good luck Jerome

[BinhJerome 14]

Her ticket is unrefundable - which I admit was a mistake - but we can pay a fee to have the date changed, I think. Would it be better to pursue her being able to come on that day no matter the status of her application, or to assume we'll have to bump it backwards? That will change things for both of us...

I wanted to ask someone about that affadavit of support... I printed one out and looked at it, and it seems fairly simple... the only way we could get in trouble is if I've already left my current job to go to Seattle, and am in the middle of looking for work - then I'd have no income. I'd have to work at a coffee shop or something to be able to put it on that form.

Read the airlines policy on "refundable" tickets. They are NOT like they seem. I wanted to get one because I was not sure when they were going to set up shoulder surgery, and I called before I paid the extra money to check, and guess what, even with a refundable ticket I was going to have to pay almost 50% to reschedule a flight, and unless I came down sick or got hurt where I was in the hospital they would not refund my ticket at all!! NEVER pay extra for the ticket unless you call and check first, each airline is different, but dont "ASSUME" that you can simply call them and say "ohh I need to leave 2 weeks sooner or 2 weeks later" and that they will say Ok here is your new ticket sir

[jeff and claire 0]

First off, there are some requirements that must be met before you should ever file for a K1 visa, read the guides as others have mentioned. You mentioned a few things that did not sound good at all and could end up costing you big time in the end. First off, do not try to get her here on a different visa, then try and change status, if they feel that you lied on your original visa (visitor) and had other motives (marriage) then this is considered visa fraud, and she could be denied entry for life. What are the chances of this happening, probably slim to none, but if they found out what the original plan was, they would most certainly use that to black list her. Second thing I saw and did not really like is that you said you were both broke kids. When you file for a K1 visa you have to make a certain amount of money for the previous year, if that is not met they will not issue a visa, so once again read the guides and see if you can even file for a K1 at this time. There is a option for a co-sponser for the K1 so if you do not meet the minimum you can always ask your parents to do that for you. Now for the other parts, when you file it usually takes about 6 months for the interview to ever be set up, sometimes it is faster and sometimes not as fast, where you file from is where you will be living. There are places to send based on where you live, once again read the guides. If you are worried about her trip messing up the schedule, then simply wait to file until she is here or a month before depending on how long she will be here. The most important thing to ever do is to be honest when you do any visa application. Good luck, it sounds like you will have an uphill battle, and another option you might use is a Cr1 visa, when she is here on her visit you both can get married and when she goes home you can then file for the CR1 visa, it is cheaper all the way around and it takes about the same time for the interview to happen. Good luck Jerome

Look, I'm 25 and I have a master's degree. I just haven't gotten a job afterwards yet. We're not really kids... just not flush with cash reserves.

Is that CR-1 option realistic? I thought we couldn't get married if she was here for visiting without a visa.