Seeking clarification

[KrisandJennie 35]

"Mad's" fiance here again. We REALLY appreciate everyone's help! You're definitely a LOT more helpful than USCIS!! I think he and I are just getting frustrated that we haven't heard a thing. I've emailed my mom (easier at work) to ask about moving the wedding and the ramifications of that (e.g. no refunds, charges to move dates, etc.). If we can move it, we will definitely do that. We've spent so much time apart and just want to be together. I know the I-130 takes longer than the K-1 and he and I don't want that. We want to do this the best and most legal way possible. Thank you to all of you who answered this thread! it has been HUGELY helpful!

Jennie

[Casprd 167]

Gaaa. I don't know who keeps spreading the false information that the I-130 "takes a lot longer" than a K-1. That is simply not true. The USCIS stage of the process is pretty much the same for both. The NVC/Consulate stage is where it differes and it is only a matter of weeks difference, not months as some people think. There is really no time disadvantage to doing a CR-1 (I-130).

AOS'ing from a VWP is just wrong and any attorney telling you to do that should be in hot water. You can not legally enter on a temporary visa with the intention to stay. Can you get away with it? sure, many people do and never have a problem themselves. But, as I have posted on many other threads, every time someone does it makes it more difficult for those of us who try to have our loved ones visit during the process or even family members visit after the process. This kind of advice is why the VO's are instructed to treat every visa as an intending immigrant. I understand it is difficult to be away from your spouse, God knows I understand as it has been more than 18 months now for us since we got married and more than 3 years since we got engaged. You'll survive just like the rest of us have and when all is said and done you've built a solid foundation for your future by going through such a stressful process together.

Sorry if my post sounds harsh. It isn't intended to be. I just can't stress enough that trying to shortcut the system has consequences well beyond your individual situation. You're fortunate that you have the option of spending part of the petition time together. Hang in there.

[Harsh_77 718]

Anyone who is telling you that you can enter on VWP, get married and file for AOS is asking you to commit visa fraud, if lawyers is asking you to do that - then you got a wrong lawyer who is just looking for more money when your application gets snagged and there are RFEs.

Everyone wants to be with their loved ones asap, but the approach you guys are taking is wrong, he can enter US you guys can get married and you can file for CR1 in meanwhile when his VWP stay is over he needs to return back to his home country and then complete rest of the process in his home country.

He would be free to visit you on his VWP during the process.

[san diego 407]

I do not understand HWAT IS THE POINT OF canceling I129F and switching to CR1? In this case you will have to re-start the entire process from scratch!. Just keep K1 going! Don't get married!

[Mad_Scottish 0]

Navy & Magical, I absolutely appreciate what has been posted by the people within this site because the information that has been made available has been amazing. There is just confusion within my own current situation because we are trying to prepare for what is the current situation so my above post was not out of anger or frustration. I do not mince my words nor do I waste time about getting to my point based on the simple fact that I do not care for hyper sensitivity that exists within a lot of online communities.

The information that has been provided and freely given thus far within this thread alone is much appreciated and I am thankful for it. I simply wished to convey the point that I will not be breaking any laws, nor have any intention to do so. I simply sought clarification to a situation which has thankfully clarified a much larger issue and allowed me to progress along a different track and make sure that the best decision possible is made.

@San diego - you may want to read my above post about what I see as the options my fiancee and I have, given that one of which is delaying the marriage itself..... that would include the point you are trying to make.

Edited August 31, 2011 by Mad_Scottish

[OnMyWayID 1,489]

Gaaa. I don't know who keeps spreading the false information that the I-130 "takes a lot longer" than a K-1. That is simply not true. The USCIS stage of the process is pretty much the same for both. The NVC/Consulate stage is where it differes and it is only a matter of weeks difference, not months as some people think. There is really no time disadvantage to doing a CR-1 (I-130).

CR-1 here so I agree... but they are already well into the K-1 process.. Looking at the current approvals from Vermont and their timeline they are 2-3 weeks out from NOA2 and even with the delays to NVC these days (I have not checked how slow vermont is to NVC lately but the last time I checked it was only a couple of weeks) they should reasonably have paperwork to the UK by October and possibly get a November interview date... maybe December. Starting over would be a killer. Doing the wedding in November and filing the I-130 would be June/July at best

[Done--Really 331]

Ditto--stick with the K-1 and delay the wedding a little bit--I should have been more clear in my previous post--that is what I was trying to say not so clearly

[EAbbas 213]

definitely stay with your k1 for now if something falls apart with it then you can always come over get married and leave before your tourist visa expires BUT if that happens you don't have to wait until your fiance goes back to file i130 you can actually do it while your fiance is here and still spend time together not wasting time for the cr1 progress. then they go back and wait out the last few months for interview etc in their own country.

However, like everyone else has said your already far into the k1 stick with that... push the wedding out and don't buy any tickets until the visa is in hand. The wedding is just a wedding your marriage is what matters!!!

Good luck to you...

[A and T 82]

What you should do is wait for the k1 to be approved, then get married. Otherwise you risk delay

[slangofoil 50]

Either postpone the wedding, or do like I suggested in your fiancee's thread - come over for the "wedding" but just have the ceremony/party portion and skip the legal/marriage license part. Then go home to Scotland, get your K-1, come back, and get legally married immediately. Pretty simple.

[KrisandJennie 35]

We are now looking into moving the wedding back to March. I would hope that 7 months would be enough!! Do you guys think it will be?

[Navyk 78]

We are now looking into moving the wedding back to March. I would hope that 7 months would be enough!! Do you guys think it will be?

Probably but is a little tight - you have 90 days to get married after getting into US, so you have some cushion there to plan.

[OnMyWayID 1,489]

We are now looking into moving the wedding back to March. I would hope that 7 months would be enough!! Do you guys think it will be?

Based on your current timeline and current trends if I was putting money down it would be for a December interview. I can't imagine it taking as long as March with how things are moving currently (someone pelase correct me if I am wrong!).. I think if you wait for your NOA2 (should be 2-3 weeks - Vermont is already approving May) you can make a pretty good estimate at that point and have a good idea of safe dates.

The only reason I say you may want to wait for NOA2 befor making plans is beacuse if the NOA2 happens very soon there is a possiblility of a November interview so your guy could have his visa in hand in November but have to wait until he is in the 90 day window of the wedding before traveling.

Edited September 1, 2011 by OnMyWayID

[KrisandJennie 35]

Gaaa. I don't know who keeps spreading the false information that the I-130 "takes a lot longer" than a K-1. That is simply not true. The USCIS stage of the process is pretty much the same for both. The NVC/Consulate stage is where it differes and it is only a matter of weeks difference, not months as some people think. There is really no time disadvantage to doing a CR-1 (I-130).

AOS'ing from a VWP is just wrong and any attorney telling you to do that should be in hot water. You can not legally enter on a temporary visa with the intention to stay. Can you get away with it? sure, many people do and never have a problem themselves. But, as I have posted on many other threads, every time someone does it makes it more difficult for those of us who try to have our loved ones visit during the process or even family members visit after the process. This kind of advice is why the VO's are instructed to treat every visa as an intending immigrant. I understand it is difficult to be away from your spouse, God knows I understand as it has been more than 18 months now for us since we got married and more than 3 years since we got engaged. You'll survive just like the rest of us have and when all is said and done you've built a solid foundation for your future by going through such a stressful process together.

Sorry if my post sounds harsh. It isn't intended to be. I just can't stress enough that trying to shortcut the system has consequences well beyond your individual situation. You're fortunate that you have the option of spending part of the petition time together. Hang in there.

We definitely want to do this LEGALLY, that's why we turned to you guys. We're both newbies (Mad_Scottish and I) to all of this and just want to make sure we do it right. We have talked to my mom and we're going to be moving the date of the wedding back to late March/ early April (10 months from receiving NOA1). Once he has his visa in hand and comes over, we'll go to the courthouse to get married and then have the big wedding late March/ early April. We REALLY appreciate everyone's advice on here. USCIS obviously doesn't know what's going on b/c they keep giving us the wrong information. They were telling me that he could come over for the wedding and stay AND file the I-485 along with the I-130 which obviously is NOT the case. If it weren't for you guys, he may have gotten banned from the US and we'd be royally screwed. So thank you so much!!! He and I will finally be together in a matter of months!!!!!!

[KrisandJennie 35]

Gaaa. I don't know who keeps spreading the false information that the I-130 "takes a lot longer" than a K-1. That is simply not true. The USCIS stage of the process is pretty much the same for both. The NVC/Consulate stage is where it differes and it is only a matter of weeks difference, not months as some people think. There is really no time disadvantage to doing a CR-1 (I-130).

AOS'ing from a VWP is just wrong and any attorney telling you to do that should be in hot water. You can not legally enter on a temporary visa with the intention to stay. Can you get away with it? sure, many people do and never have a problem themselves. But, as I have posted on many other threads, every time someone does it makes it more difficult for those of us who try to have our loved ones visit during the process or even family members visit after the process. This kind of advice is why the VO's are instructed to treat every visa as an intending immigrant. I understand it is difficult to be away from your spouse, God knows I understand as it has been more than 18 months now for us since we got married and more than 3 years since we got engaged. You'll survive just like the rest of us have and when all is said and done you've built a solid foundation for your future by going through such a stressful process together.

Sorry if my post sounds harsh. It isn't intended to be. I just can't stress enough that trying to shortcut the system has consequences well beyond your individual situation. You're fortunate that you have the option of spending part of the petition time together. Hang in there.

When I say 7 months, I mean 7 MORE months. We're already 3 months into the K1 visa process.

When I say 7 months, I mean 7 MORE months. We're already 3 months into the K1 visa process.

I think if couples can get through this stress together, they can make it through anything!!! Good luck to you guys and everyone out there waiting!!! It's nice to have this forum to complain and get advice from people experiencing the same thing.