3 K-1 Visa Questions

[Barbara J 115]

Thanks for all the info. Is there a way to choose which office we go through?

Do you mean what office you go through in the states? If so you need to look up on USCIS site and see where you live what state and then it will tell you what office to send your 129f .(we were in Georgia so we sent to Vermont) petition to. As for your fiance I take t they are in germany? They will need to find their US consulate or Embassy in their area.

Hope that helps.

Don't forget you cant file AOS until after you are married and in the USA ok .

Also make sure you make duplicate copies of everything that you have to send to USCIS so you have them at home and on hand all the time. Send at least 5 photos as well with dates and place on the back. Just some tips.

[Alan-and-Ira 1]

• We were hoping to have the visa before Christmas, as we've already booked a flight. After speaking with a few attorneys, it appears this most likely won't happen if I file in September. That being said, would my fiancé be allowed to come into the States on the Visa Waiver Program for Christmas?

More likely it will take you from 6-8 months or longer. Our K1 filed in 12/2007 took us almost 14 months from the filing date till the time of the interview (after that the Consulate returned our I-129F back to USCIS for 'further review and possible revokation' on 221(g)). My personal advice is: do not book the tickets until the visa in hand.

• Is it possible to file for the adjustment of status at the same time as the K-1 visa? Or must I wait until we are married?

Read the I-129F instructions... It seems you missed a lot, not only the payment details.

And, as the previous poster mentioned, make a copy of everything you send to USCIS, including the I-129F and G-325A forms.

Edited August 27, 2010 by Alan-and-Ira

[Alan-and-Ira 1]

If she is in the states on a VWP when we receive the K-1 visa, I imagine she would have to go back to her country and re-enter with the new visa?

Yes, correct. She would have to go back to her country for the fiancee visa interview, and then re-enter on K1 visa. Best wishes!

[Sarah-JAX 0]

doing a k1-visa and the beneficiary being from germany u have to go to frankfurt for the interview since thats the only consulate dealing with k1s

[Barbara J 115]

Thanks for all the info. Is there a way to choose which office we go through?

I thought I answered this sorry, depends on where you live you need to look on USCIS site and see your state and then it will tell you what office to send your 129f petition to. As for your fiance I presume in germany you would have to get them to check on US embassy or consulate there near their home.

[HeatDeath 430]

She will have to be in her home country to have her medical exam and interview before she is issued a Visa. I am not sure they would send the Visa to a United States address. Someone else with more knowledge may be able to shed some light on that.

I do not think they will send the visa package (passport containing visa imprint, and do-not-open packet) to a US address. That wouldn't make any sense to them. Visas are used to travel from outside the US, through a PoE, to inside the US. A US visa is completely useless inside the US. You would have to arrange additional shipping/travel to get the visa to a place (anywhere outside the US) where it could even be used, and anyways, from their point of view, the beneficiary is supposed to be outside the US at the time of visa issuance, else what's the point? [From DoS's POV, if the beneficiary is inside the US already, they don't need to enter the US, and therefore don't need a visa [since visas are used to enter the US], and therefore why are we wasting their time? ]

Thanks for all the info. Is there a way to choose which office we go through?

You don't. The USCIS office where your I-129F packet is processed is chosen by what state the petitioner lives in, and the consulate/embassy the visa application is processed in is chosen by the beneficiary's country, and where they live within their country.

Do any countries other than Canada have two separate DoS visa sections?