Jump to content
Sign in to follow this  
Lavendar

K1 visa not filed, but wedding soon??

30 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

I was told that my UK fiance can come to the US under Visa Waiver program and get married. After we get married, we can apply for AOS and he would be able to stay in the US during the process.

So we went ahead and started all the wedding planning process... booked dates and paid deposits for everything already. Wedding at the end of October.

Now I find out that yes, we can get married, yes we can apply for AOS afterwards, but NO, he cannot stay and will have to leave!!!!

So now it is end of May... wedding in end of October, which is only 5 months away. Current processing time shows 5 months as well.

What do I do?? Will I have time to still apply for K1 Visa? If it does not get approved in time, will getting the marriage certificate beforehand nullify the K1 Visa application?

Or can we still hold the wedding ceremony and just ask not to have a wedding certificate issued yet and wait until K1 comes through? And then start the AOS process?

Anyone know what is the best way to go about this now? Should I still apply for the K1 Visa? Or let him leave the US and do a K3 Visa after the marriage?

Is it true once K3 visa process starts, he cannot enter the US?

Edited by Lavendar

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

He's bought plane tickets to come to USA in mid September so there is 1.5 months that we can get ready for the wedding ceremony & reception. So obviously he will enter under visa waiver program at the time of entry...

Or can he not even enter the USA while the K1 Visa is being processed??

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

5 months is the posted time from NOA1 to NOA2 from USCIS. Then the file would be transferred to the Embassy in London for an interview. I don't think it is likely a K1 visa would be issued by the end of October in time for your planned wedding.

Your only option appears to be this, he comes over on the VWP, you two get married, he returns to the UK before his authorized stay expires. You then file the I-130 for a CR-1. When he returns on a CR-1, he will be issued a green card upon arrival. AOS is not required when a spouse enters on a CR-1 visa.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Your problem is that the VWP is for tourist and business, not those seeking to immigrate.

One of the things that you get asked is the purpose of your visit, answering to get married and stay produces unhappy consequences.

Filing for AoS presumes he is staying.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Thailand
Timeline

5 months is the posted time from NOA1 to NOA2 from USCIS. Then the file would be transferred to the Embassy in London for an interview. I don't think it is likely a K1 visa would be issued by the end of October in time for your planned wedding.

Your only option appears to be this, he comes over on the VWP, you two get married, he returns to the UK before his authorized stay expires. You then file the I-130 for a CR-1. When he returns on a CR-1, he will be issued a green card upon arrival. AOS is not required when a spouse enters on a CR-1 visa.

For a CR-1 Visa, would he have to go back??


ฉันรักคุณ
K-1
Filed May 2011
116 days to NOA2
4 days for the NVC
74 days to the interview
Interview date: 12/14/11 APPROVED!
POE: 12/16/11
Total days from NOA1 to K-1 Visa in hand: 202
Wedding Date: 12/27/11

AOS
Sent AOS: 4/21/12
NOA1: 4/30/12
RFE: 5/14/12
Biometrics App.: 5/21/12
Sent RFE Response: 5/31/12
Interview: 7/24/12
Approval: 10/12/12

Currently.... they have issued Ice the incorrect GC and we have tried 4 times to fix it. First time they had us send it to the incorrect address. Second time they said we used an expired form, which was the form they gave us. Third time was "oh sorry we lost the last page, can you send it again?." Fourth time is the gov is shut down. Will this ever be corrected in time for Ice to get the permanent GC? Stay tuned to find out. T_T

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

For a CR-1 Visa, would he have to go back??

He would have to return to the UK before is authorized stay expires. The I-130 is filed after they get married.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Thailand
Timeline

Either way I guess there is a wait...


ฉันรักคุณ
K-1
Filed May 2011
116 days to NOA2
4 days for the NVC
74 days to the interview
Interview date: 12/14/11 APPROVED!
POE: 12/16/11
Total days from NOA1 to K-1 Visa in hand: 202
Wedding Date: 12/27/11

AOS
Sent AOS: 4/21/12
NOA1: 4/30/12
RFE: 5/14/12
Biometrics App.: 5/21/12
Sent RFE Response: 5/31/12
Interview: 7/24/12
Approval: 10/12/12

Currently.... they have issued Ice the incorrect GC and we have tried 4 times to fix it. First time they had us send it to the incorrect address. Second time they said we used an expired form, which was the form they gave us. Third time was "oh sorry we lost the last page, can you send it again?." Fourth time is the gov is shut down. Will this ever be corrected in time for Ice to get the permanent GC? Stay tuned to find out. T_T

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

But i've heard it takes 7 years or so for i-130 to be approved!!!! from whom ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Scotland
Timeline

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

I don't know where you've been getting your information. You have to research it yourself, not go on hearsay.

You need to spend some time reading the step by step guides here on VJ and research the USCIS website.

USCIS "Find it fast" search engine: http://www.uscis.gov/portal/site/uscis

Guides on VJ: http://www.visajourney.com/content/guides

Processing times: http://www.visajourney.com/content/times

And asking questions here is a good way to get specific information.

At this point you have to decide whether to postpone your wedding and do a K1, or have your wedding and he will leave and apply for Spousal visa. A decision many of us have had to make :)

Best of luck!

Visa Journey is a great resource!

Helen

(PS-Why would you apply for a UK residence card if you are going to live in the US?)

Edited by Helen Louise Pile

05-2010 I-129F application received by USCIS.

05-2010 NOA1 received.

07-2010 NOA2 received.

07-2010 Packet 3 received.

08-2010 Packet 3 returned.

09-2010 Medical in London.

10-2010 Interview at US Embassy in London: Approved.

10-2010 POE Newark, NJ.

11-2010 Married in Vermont.

03-2011 Notice of acceptance of AOS packet.

03-2011 Biometrics appointment in St Albans.

03-2010 Case transfered to California Service Centre.

04-2011 I-485 Approved.

event.png

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

You have gotten some bad information. The posted time by USCIS from NOA1 to NOA2 is 5 months for an I-130. He does not file the I-130, you do. The I-130 is a petition that a USC files that once approved, allows their relative to apply for a visa.

The 7 year number you have heard about may have to do with people petitioning family members. In that instance, USCIS approves an I-130 in 5 months and sends it to the NVC. The NVC will then hold the petition until a visa number becomes available which can take some time.

In your case, a visa for a spouse is always available. Your sequence of events would go something like this after your wedding and he returns to the UK:

  • You file the I-130
  • USCIS approves it in 5 months (posted time)
  • Petition is sent to NVC
  • NVC processes it and sends it Embassy in London
  • Your husband will then have a medical examination and interview
  • Embassy issues visa
  • You husband returns to the US, issued green card in form of I-551 stamp in passport
  • actual green card sent in mail a short time later

Read through the links Helen posted for comprehensive information.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

I was told that my UK fiance can come to the US under Visa Waiver program and get married. After we get married, we can apply for AOS and he would be able to stay in the US during the process.

So we went ahead and started all the wedding planning process... booked dates and paid deposits for everything already. Wedding at the end of October.

Now I find out that yes, we can get married, yes we can apply for AOS afterwards, but NO, he cannot stay and will have to leave!!!!

So now it is end of May... wedding in end of October, which is only 5 months away. Current processing time shows 5 months as well.

What do I do?? Will I have time to still apply for K1 Visa? If it does not get approved in time, will getting the marriage certificate beforehand nullify the K1 Visa application?

Or can we still hold the wedding ceremony and just ask not to have a wedding certificate issued yet and wait until K1 comes through? And then start the AOS process?

Anyone know what is the best way to go about this now? Should I still apply for the K1 Visa? Or let him leave the US and do a K3 Visa after the marriage?

Is it true once K3 visa process starts, he cannot enter the US?

And note that if you were to file a K-1 and because of timing you end up married before the K-1 is issued, then this would be a problem, because you are then "not eligible" to marry (even though you have married the person in the K-1!). You would need to withdrawn the K-1 and start the I-130.

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

Spousal visas definitely do not take 7 years to acquire.

He CAN enter the US to visit you while the I-130 is pending, but he would need to show strong ties to the UK to prove he will not be staying when he enters, and that it is truly just a visit.

Not sure why you would file to move to the UK if you file for him to come live with you in the US.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

Ok this is straight from the hip, but our motto is hav a back up plan, that orn in mind....

Yes can enter under vwp to marry, no can not adjust status, they are getting harder on this and if you proceed, well it could be devistating.

Your plan to get married is valid and good provided they are not refused entry to the U.S on arrival this is where you need to have a back up plan in place, in your case it would be the K1 visa route usually less waiting time, but on arrival they can be waiting a few months to work, but this may have changed since we last researched.

The CR1 on acceptance will allow them to work from day 1 of entering the US, but the drawback is that waiting to get it takes longer.

Dont go down the K3 route, its being phased out and just complicates issues.....either file I-130 or the I-129f you may still visit each other during th process, but will need patience and wait!

In essence, but as said, research here, read the posts, but dont go by specific cases as each are different and what worked for them may no work for you

Share this post


Link to post
Share on other sites

If you want to keep your wedding date with all the plans, why not have him come over for that, enjoy the 90 days together, and file for a CR1. You can file for the CR1 as soon as you are married and have the documents in order (which you can start to prepare in advance) so that he can do a bit of the waiting in the U.S. with you. Once issued, the CR1 will allow him upon U.S. entry to immediately work and travel as a permanent resident. Current waiting time for CR1s is about 8-10 months.

You cannot file for a K1 if you are already married. You can marry in the U.S. as long as he is not intending to adjust status on VWP. Do a search about showing ties to the UK so that the border officer will allow him entry. Good luck!

Edited by Justine+David

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...