k-1 questions

[kstabler6 0]

Hello everyone... man all this stuff can seem so overwhelming and chalk full of conflicting information. my fiance and i have been pretty set on doing the k-1 visa, but now im wondering about the cr1, since he could work right away. however, i can submit the docs for a k1 in a few weeks, whereas i wouldnt be able to start the other one for quite a number of months (id have to go there, get married, get all those docs sent in, before we could even start the cr1) so i am still leaving towards the k1 as our strongest option cause like i said it could get started in just a few weeks. any opinions? im new to all this so any advice would be greatly appreciated. naturally i have some questions, so im just going to fire em off.

1. which docs can be photo copies and which ones have to be originals (i.e. Original Statement, g-325a, etc.)

2. can i be living in costa rica while we are doing this process? we really dont want to be separated any longer, so im thinking of moving back.

3. in regards to the processing times, if it says 5months does that imply 5mo till he can come to the states or 5mos till interview or 5mos till they review the first set of docs?

4. my mother is allowed to be the affidavit of support, right?

5. in regards to the question of whether or not the fiance has been to the states, if they have only been to an airport intransit to another country do we say no he has not been to the states?

6. why do they ask for the fiance's social security number? isnt it obvious that they dont have one?? should we just leave it blank or put n/a?

7. the only proof of our relationship we have are photos and email correspondence. is this going to be enough or is there more we could gather? we havnt merged financially (cant get a bank to give us a joint account unless we are both there in person) and we dont own anything together...

so far thats it, but im sure there will be more in the future.

emotionally, this has all been very difficult. its hard to maintain the feeling of a 'real' relationship when all u have are electronic modes of communication (phone skype email). how do u all get through? your such a daily inspiration. thank you.

[kstabler6 0]

one more question came to mind...

question 18 on the i129f (declaration of how u met).. does it have to typed separately or is it fine to just write it on the form? because the VJ step by step guide says it should be a separate attachment?

[Penny Lane 8,159]

01. Send ONLY copies to USCIS. Originals of certain documents will be needed at the interview process, but USCIS themselves only need copies of documents. However for the forms that you are filling out, you should include original signatures.

02. You will need to provide an United States address that USCIS can use to send you things like NOAs and RFEs. You can file while living in another country, but you will need access to these documents.

03. 5 months is the estimated time between NOA1 (USCIS receiving application) and NOA2 (USCIS approving application) ... however, it's more like 5-6 months right now. That's only the first part of the process.

04. Your mother can be a co-sponsor, yes.

05. This I'm not sure of, hopefully someone else can help you out.

06. Put N/A if it doesn't apply.

07. USCIS only cares about proof that you've met in person. Boarding passes, passport stamps, pictures together will prove this. They don't care about email correspondence.

To answer your last question, you can type it in the form itself. I did. I didn't need a separate sheet to explain how we met in person.

I suggest looking around and reading more about the process. There's lots of answers to be found around here.

Edited April 26, 2011 by Coconuts

[Ryan H 3,790]

My answers in bold:

1. which docs can be photo copies and which ones have to be originals (i.e. Original Statement, g-325a, etc.) Copies are OK unless original is specifically asked for.

2. can i be living in costa rica while we are doing this process? we really dont want to be separated any longer, so im thinking of moving back. You can, however, you must be able to show US domicile

3. in regards to the processing times, if it says 5months does that imply 5mo till he can come to the states or 5mos till interview or 5mos till they review the first set of docs? 5 months from NOA1 to NOA2, there is at least 1-2 months from NOA2 to interview, perhaps more if you go the CR-1 route because processing at the NVC is involved

4. my mother is allowed to be the affidavit of support, right? If she meets the income requirement, 125% of the Federal Poverty Line

5. in regards to the question of whether or not the fiance has been to the states, if they have only been to an airport intransit to another country do we say no he has not been to the states? You would say yes, he has been, even if it was just in-transit to other country

6. why do they ask for the fiance's social security number? isnt it obvious that they dont have one?? should we just leave it blank or put n/a? you would write "none" for that block

7. the only proof of our relationship we have are photos and email correspondence. is this going to be enough or is there more we could gather? we havnt merged financially (cant get a bank to give us a joint account unless we are both there in person) and we dont own anything together... Go with what you have, if you get married, add him to what you are able to.

Edited April 26, 2011 by Ryan H

[kstabler6 0]

"However for the forms that you are filling out, you should include original signatures."

could u elaborate on that please? i can send in copies of documents with his signature... they dont have to see the blue ink on the page, essentially, as long as it is his signature?

thank you for your other responses...

do we have to send the first packet to the dallas lockbox? or to the california one (which is closest USCIS for me)

if i do go live with him in Costa Rica, should i continue to put the US address on all my forms?

THANK YOU!!

[JimVaPhuong 4,863]

"However for the forms that you are filling out, you should include original signatures."

could u elaborate on that please? i can send in copies of documents with his signature... they dont have to see the blue ink on the page, essentially, as long as it is his signature?

In general, no. Documents and forms that require signatures should be originals. One potential exception is the G-325A. They are supposed to allow you to submit a copy of a signed G-325A, but they may ask for an original signed G-325A at the interview.

thank you for your other responses...

do we have to send the first packet to the dallas lockbox? or to the california one (which is closest USCIS for me)

if i do go live with him in Costa Rica, should i continue to put the US address on all my forms?

THANK YOU!!

All I-129F petitions go to the Dallas lockbox for intake processing. After that, they are sent to the appropriate USCIS service center for adjudication. If you send it directly to the service center then it will probably be returned to you.

You need a US address. USCIS will not send correspondence to you at a foreign address.

[kstabler6 0]

thank you, how long after you were married till you were able start working?

In general, no. Documents and forms that require signatures should be originals. One potential exception is the G-325A. They are supposed to allow you to submit a copy of a signed G-325A, but they may ask for an original signed G-325A at the interview.

All I-129F petitions go to the Dallas lockbox for intake processing. After that, they are sent to the appropriate USCIS service center for adjudication. If you send it directly to the service center then it will probably be returned to you.

You need a US address. USCIS will not send correspondence to you at a foreign address.

[Ryan H 3,790]

thank you, how long after you were married till you were able start working?

If you go the K1 route, after you two get married, your spouse will file for Adjustment of Status (AOS). When filing for AOS, he would also file for the Employment Authorization Document (EAD) that will allow him to work while the AOS is pending. The EAD is usually sent a few weeks after it is applied for, others who have applied for and received this document can give a better timeframe.

He can work right away if you go the CR-1 route as the green card is issued on arrival in the form of a I-551 stamp. The actual card would arrive in a few weeks.

[Penny Lane 8,159]

If you go the K1 route, after you two get married, your spouse will file for Adjustment of Status (AOS). When filing for AOS, he would also file for the Employment Authorization Document (EAD) that will allow him to work while the AOS is pending. The EAD is usually sent a few weeks after it is applied for, others who have applied for and received this document can give a better timeframe.

EAD in a few weeks? I believe it takes longer than that, generally.

[kaleigha 3]

EAD in a few weeks? I believe it takes longer than that, generally.

I was told the EAD takes about 3 months

[Penny Lane 8,159]

I was told the EAD takes about 3 months

That's what I've heard as well, sometimes a little longer. A "few weeks" doesn't seem realistic.

[PuraVida23 0]

Has anyone gone through the process of a K1 or CR1 visa lately that can give an approximate time it would take to bring my fiance or wife if married in CR to the US? Some of the threads have stated the processing time for both visas are about the same now. How easy is it to get married in CR? Any time constraints? I have been traveling back and forth to CR every 6 weeks. It is starting to get expensive. Please give me any advice you can on both processes. Thanks in advance. Pura vida.......

[kaleigha 3]

Look in the immigration timelines and Igor's List

If you look at the K1 visa timelines you can set it to a certain country to see other people's timelines from Costa Rica

[kstabler6 0]

i was told that my fiance couldnt visit me in the states while this paperwork is going through. but i have also noticed on some people's timelines that they are doing the paperwork and their fiances are coming to viisit in the us.... is there something im missin1ng? i was told that because he is adjusting the status on his visa that he could not also hold a travelers visa or work visa, etc.

also one large grand question:

copies or originals???? ive gotten both answers. i am getting ready to submit the i-129f docs.

[kaleigha 3]

i was told that my fiance couldnt visit me in the states while this paperwork is going through. but i have also noticed on some people's timelines that they are doing the paperwork and their fiances are coming to viisit in the us.... is there something im missin1ng? i was told that because he is adjusting the status on his visa that he could not also hold a travelers visa or work visa, etc.

also one large grand question:

copies or originals???? ive gotten both answers. i am getting ready to submit the i-129f docs.

Send copies with the I-129f, except for the actual forms, which need original signatures.

Keep the originals for yourself

My fiance is coming to the US in a few weeks. He is coming from Italy though, so he doesn't need a tourist visa or any other kind of visa, and he is not going to overstay or work. With the I-129f you are not adjusting the status of a visa... You are petitioning to get a visa, so you don't have the visa yet so there is nothing that you are adjusting.

I'm not sure what you typically need to travel to the USA from Costa Rica, if you normally need a tourist visa or not. If you don't, then it should be fine to travel to the US during the time you are waiting for the NOA2 (but make sure the traveling fiance brings proof of ties to Costa rica so that the officers will let you into the country). However, if you do need a tourist visa to travel here from costa rica, I'm not sure, wait for someone else to answer...