Starting the K-1 process?

[krissy0224 0]

Hi all!! I'm new to the site and this process (obviously) and I'm feeling overwhelmed. I've spent weeks searching every piece of information I could get my hands on and sometimes I find conflicting information. I'm hoping to be able to get some wisdom and know what I can expect and how the process works and which forms get filed.

My fiance lives in England, outside of London. I know that the form is I-129F for the initial fiance visa, but I know there are additional forms that need to be filled out and submitted with them. The biometrics form is one, but what else is there? The Vermont Processing Center is where my papers will end up and their wait time is 5 months. I think I'm pretty clear on the initial process but what I am unclear of is what happens AFTER the wedding? You have to wait for the marriage certificate to come in and apply for a an adjustment of status, is that right? Which form is that? And from there 90 days before the 2 year anniversary you do ANOTHER adjustment? Is that correct? When will he be able to work? When is the sponsor information needed and how does it work? I am divorced and a single mom. I'm self employed and I am well below poverty level, so I know I would need a co-sponsor or someone else to sponsor him, but what I don't know are the numbers that they're looking for. Also, I thought I saw something about a government assistance ban for 5 years after the marriage - is that just for my fiance or would that include me? What kind of assistance does that include? I found the overview of the information on the site that appears to mean by the time it's all said and done it'll be right under $2,000. (That's a daunting amount)

Also - are there any other ways get married without having to do the fiance visa step? I'm not trying to cheat the government, I just want to know what options we have. I understand that the time during the wait is going to be an issue regardless of which process we take. I thought I saw something that says you're not allowed to go to UK and get married on a tourist visa now, so would that mean we couldn't get married in England and then work to bring him here as my spouse?

I'm really confused about it all and I just want to understand how it all works, how long it'll take, what to expect and what fees are due and when. Any help is appreciated! Thanks!

[Joan >3 Bob 20]

Have you read the guides here on VJ? The guides are very helpful and there are sample forms filled out also as examples.

I suggest if you have not, READ them and then ask any questions. I also suggest you focus on the I-129 petition first and then you will have plenty of time as you wait for NOA2 to think about the next step in this process. Take it One Step At A Time....... It is like "Follow the Yellow Brick Road With Patience.....

[ThaitoUSA 15]

I know that the form is I-129F for the initial fiance visa, but I know there are additional forms that need to be filled out and submitted with them. The biometrics form is one, but what else is there?

There are several items to include with your I-129F petition. Follow the guide here http://www.visajourney.com/content/k1guide for a complete list of items to enclose. Most members of this site follow the Guides and have no issues. There are even filled out example forms to help you.

The Vermont Processing Center is where my papers will end up and their wait time is 5 months. I think I'm pretty clear on the initial process but what I am unclear of is what happens AFTER the wedding? You have to wait for the marriage certificate to come in and apply for a an adjustment of status, is that right? Which form is that? And from there 90 days before the 2 year anniversary you do ANOTHER adjustment? Is that correct?

Within 90 days of entering America on the K-1 visa your fiancé and yourself must be legally married. After marriage you assemble another petition of Adjustment of Status (AOS) to legal permanent resident i.e. Green Card holder. However this is called Conditional PR, because it is only valid for two years. As you correctly stated, 90 days or less from the two year anniversary, your husband must apply to "remove conditions" and receive a new ten year Green Card. This step is largely to catch those engaged in immigration fraud.

To find the appropriate forms and steps, follow the Guide: http://www.visajourney.com/content/k1k3aos

When will he be able to work?

While filing for AOS after marriage, he can submit at no additional cost an I-765, which is a petition for work authorization. Approval times can vary: we got ours in just two months. The Green Card also allows one to legally work. From arrival in America until he can work could be two months or longer

When is the sponsor information needed and how does it work?

The Affidavit of Support is first submitted at your fiancé's interview in London and again during AOS. Be certain to find out from members in the UK forum on this site whether a co-sponsor is accepted at that embassy.

I saw something about a government assistance ban for 5 years after the marriage - is that just for my fiance or would that include me? What kind of assistance does that include?

He would not be entitled to any Public Assistance whatsoever. From reading other members' posts, you would still be entitled.

I found the overview of the information on the site that appears to mean by the time it's all said and done it'll be right under $2,000. (That's a daunting amount)

That figure would include only the I-129F petition, visa interview, and AOS filing fee. There are several other incidentals such as photocopying, mailing forms internationally, obtaining a UK police and health certificates, etc. In two years time, there will be an additional fee for Removal of Conditions. Expect to spend several thousands of dollars over the next few years.

Also - are there any other ways get married without having to do the fiance visa step?

You could travel to the UK or he could enter America on the visa waiver program and you can legally marry. However, if the intention is for him to legally immigrate, he must either go for the K-1 or marry here, leave and file for the CR-1 spouse visa. It still requires relatively costly fees and a wait time, but he would have a Green Card and legally be able to work immediately upon entering America. There is a Guide to that too, if you are interested

[Aztec&Taino 144]

Hi all!! I'm new to the site and this process (obviously) and I'm feeling overwhelmed. I've spent weeks searching every piece of information I could get my hands on and sometimes I find conflicting information. I'm hoping to be able to get some wisdom and know what I can expect and how the process works and which forms get filed.

My fiance lives in England, outside of London. I know that the form is I-129F for the initial fiance visa, but I know there are additional forms that need to be filled out and submitted with them. The biometrics form is one, but what else is there? The Vermont Processing Center is where my papers will end up and their wait time is 5 months. I think I'm pretty clear on the initial process but what I am unclear of is what happens AFTER the wedding? You have to wait for the marriage certificate to come in and apply for a an adjustment of status, is that right? Which form is that? And from there 90 days before the 2 year anniversary you do ANOTHER adjustment? Is that correct? When will he be able to work? When is the sponsor information needed and how does it work? I am divorced and a single mom. I'm self employed and I am well below poverty level, so I know I would need a co-sponsor or someone else to sponsor him, but what I don't know are the numbers that they're looking for. Also, I thought I saw something about a government assistance ban for 5 years after the marriage - is that just for my fiance or would that include me? What kind of assistance does that include? I found the overview of the information on the site that appears to mean by the time it's all said and done it'll be right under $2,000. (That's a daunting amount)

Also - are there any other ways get married without having to do the fiance visa step? I'm not trying to cheat the government, I just want to know what options we have. I understand that the time during the wait is going to be an issue regardless of which process we take. I thought I saw something that says you're not allowed to go to UK and get married on a tourist visa now, so would that mean we couldn't get married in England and then work to bring him here as my spouse?

I'm really confused about it all and I just want to understand how it all works, how long it'll take, what to expect and what fees are due and when. Any help is appreciated! Thanks!

Hello and welcome to your journey!

It may seem quite confusind at first. The immigration journey is expensive, elaborate, and it is a multi-year process. Read the VJ guides and take it a step at a time. Compare the paths: fiance vs. married. VJ provides some good comparison guides. Yes, you could get married in England and then work on bringing him over. Or you could file for the fiance visa and bring him to the USA and marry here. Or you could go to England? That choice sounds great to me! Anyways, the best advice would be to read the guides and before you understand everything just understand the basic differences between the choice of getting married vs. staying engaged because that would be the first decision you would need to take.

Best wishes!

[krissy0224 0]

The Affidavit of Support is first submitted at your fiancé's interview in London and again during AOS. Be certain to find out from members in the UK forum on this site whether a co-sponsor is accepted at that embassy.

He would not be entitled to any Public Assistance whatsoever. From reading other members' posts, you would still be entitled.

That figure would include only the I-129F petition, visa interview, and AOS filing fee. There are several other incidentals such as photocopying, mailing forms internationally, obtaining a UK police and health certificates, etc. In two years time, there will be an additional fee for Removal of Conditions. Expect to spend several thousands of dollars over the next few years.

You could travel to the UK or he could enter America on the visa waiver program and you can legally marry. However, if the intention is for him to legally immigrate, he must either go for the K-1 or marry here, leave and file for the CR-1 spouse visa. It still requires relatively costly fees and a wait time, but he would have a Green Card and legally be able to work immediately upon entering America. There is a Guide to that too, if you are interested

I think these are all the issues that concern me the most at this point - first of all, I don't know if I made mention much of my situation - I already receive a couple different types of public assistance, and it's only been a matter of months since I have been on them (or needed them). It won't be permanent, my kids are both considered special needs and it prevents me from being able to actually go out and work full time because child care costs would cost more than what I'd be able to bring in because of the care they need. The plan that we came up with is once my fiance got here, he could take care of the kids while I work until he's able to. So the income will be there, but not until AFTER he can get here. If someone has filed bankruptcy, does that affect their ability to be a sponsor for someone to immigrate? I'm still VERY confused (even after reading the guides) about how much money they want the sponsor to have for the affidavit of support. From what I could see, 125% of poverty level is approx 34,000 ... but what is the 5 TIMES that amount that they want? I know it has to do with being able to support them for the first 5 years, but what I can't figure out is if they want you to have $34,000 x's 5 readily available. How do people afford this???? I was a stay at home mom during my first marriage and have very few skills that allow me to make a lucrative income. My finace has some school finished, but nothing that I think would transfer over here, which means he'd basically have to start all over. Will my being on food assistance and medicaid look negatively on the application? I noticed somewhere in the guides that it's not USUALLY a problem unless the petitioner isn't willing to work and has been on the assistance for "a lifetime" ... well, I haven't been on it a "lifetime" and it's not that I'm not willing to work, I know I NEED to work, but it costs me more money to do so right now and I'm still trying to figure out how to make it happen.

I'm assuming regardless of which process we take to get him here, they're going to want the affidavit of support regardless? Now let's say we go through the process to get me a Visa so we can get married in England and then work on bringing him here as my spouse. Is that allowed? Or if he comes here on just a tourist visa or the VWP (which is what I think he has) and we get married, does that not reflect negatively on the process, or does it just mean he still has to leave instead of staying and then we'd fill out the papers from there? I've looked through as many guides as I can understand and quite honestly they just make me even more confused and stressed. If we get married that way (either me going to England or us getting married while he's here visiting), how can we prove that the marriage is legit since we won't have a chance to move in together, etc?

I really really really appreciate the help - I don't even know why this feels like such an urgent thing, but it's hard to shake off, so I'm just trying to get it sorted out in a way that makes sense. I like to be able to plan things and know ahead of time so it makes the decision making process easier.

[krissy0224 0]

Adding confusion to my mayhem... now I just found something online that is called Extreme Hardship Waiver? Holy ... Please tell me I'm not the only person who feels overwhelmed and stressed about everything this dang government requires?

[Ryan H 3,948]

You have to wait for the marriage certificate to come in and apply for a an adjustment of status, is that right? Which form is that?

I-485

And from there 90 days before the 2 year anniversary you do ANOTHER adjustment? Is that correct?

That's officially called Removal of Conditions. Prior posters have explained what that is.

I thought I saw something that says you're not allowed to go to UK and get married on a tourist visa now, so would that mean we couldn't get married in England and then work to bring him here as my spouse?

You can get married in England, however, you will have to apply for a marriage visa in advance of your travel to England for the purpose of getting married.