Confusion

[riss 12]

Hi everyone,

My fiance and I got engaged about a month ago while I was visiting him in the US for three months. I've now left the US and we're working on beginning our K-1 journey. He looked up the information at the official USCIS website, which basically said to fill in the I-129f. Somewhere else he found out about the g-1145 so he filled one of those out too. Based on the USCIS information, it seemed like that was it and we were ready to send it off. Now I've had a look at the guide here on VJ and there are a million more things we need to do to put together this 'packet'. What's going on? Why is the USCIS site so patchy and incomplete, and where does all the additional info come from that VJ provides?

The last time I found info on VJ that seemed to contradict the USCIS info, I had trouble convincing my fiance that it was legitimate. He couldn't understand why I'd trust something I read on a forum above what seemed like straightforward simple info on the official government site. The USCIS info all makes it seem so straightforward, until you go looking elsewhere and realizing that there's so much more involved. It's led to a fair bit of frustration and confusion for us. Has anyone else experienced this? Any insights or comments would be much appreciated.

Riss

[GandK 168]

The information you found here on VJ is just more elaborated and explained in simple terms but all the information here is still from the USCIS.

VJ'er don't make up things you need to do, but there are sometimes good advices based on other people's experience.

Besides the I-129F form, there is an I-129F instruction which lists all the required documents to be send with the package. I guess your fiancé hasn't read that one.

Second download in the link here

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[GandK 168]

Also if you are confused with the affidavit of support, police clearance certificate etc. Those documents are required at the consular interview stage, you do not need it now.

If your petition is approved by the USCIS, the embassy will send you another instruction with the list of required documents.

However, most of people here would like to prepare ahead of the interview and make the process goes as fast as possible.

I suggest you read all the relevant guides here and stick around the forum for a while. It all was overwhelming to me in the beginning too but once you have an overview of the process, it is very simple really.

Edited December 20, 2011 by GandK

[TeapotGirl 66]

USCIS is very minimal. VJ is a collective experience of the members. I-129F form and its instruction looks simple when you read it but for some reason, you have to read it over and over and ask people to verify if what you understood is correct and accurate.

The last time I found info on VJ that seemed to contradict the USCIS info, ...

Can you be more specific?

Edited December 20, 2011 by TeapotGirl

[GringoD 33]

I think the uscis website gives you the 'objective', ... straightforward. But, when they say "supporting evidence", for example.. they do not necessarily elaborate. THAT is what is spelled out more elaborately on VJ.

[riss 12]

Thanks so much for your replies everyone. Teapot girl: I guess the USCIS website just seemed a bit misleading, to someone who had no idea about immigration processes. They say things like 'For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa.' My fiance and I both interpreted that to mean that there would be no or minimal waiting *time*. I feel pretty stupid about that now, as you might imagine!

We also read that if the USC's spouse was in the country, that the appropriate process was to fill in form I-130. Again that was quite correct but, well, there was a whole lot more to the story due to me having planned to re-enter the country on the VWP. I suppose that was my own ignorance though.

If anyone's interested in my story of 'how to make a nice balls-up of trying to marry a USC', I've included my last post from a prior thread here on VJ. Once again I'd love any insights or comments. Insults accepted too, albeit grudgingly.

Oh boy...

Thanks so much for the responses. After I received your first lot of advice and did a bit more research, I phoned my fiance to tell him that I'd realised things weren't going to be so straightforward after all. Like me initially, he'd only seen the USCIS website information which says things like 'visas are always available for spouses of US citizens', and 'there is no waiting time for immediate relatives of US citizens', and he insisted that I was wrong, that I shouldn't believe everything I read in a forum, and that when I got back to the US we'd be able to get married and apply for a green card without spending any time apart. I told him I really wished he was right but I just didn't think so. In the end he said he'd contact a lawyer as soon as he could.

The lawyer affirmed to him that after we married I would still need to go home and apply for a CR-1, which he said would take around 3 months. Then he told my fiance that when I re-entered the US (which was to have been yesterday), I should be prepared for the 50% chance that I would be denied entry, based on the fact that I was engaged/in a serious relationship and I guess therefore I would be suspected of planning to marry and apply for AOS without going back to Australia first. At first I thought I would just take my chances, if I got knocked back I'd just go back home. The lawyer had said to make sure I told the 100% truth and wore my engagement ring on my finger etc. and did not allow there to be any suspicion that I was trying to conceal anything, and I figured that was best since I'm really not much into making up stories. But then I researched 'denial of entry' online and came across a bunch of stories of people who had honestly disclosed their situations, admitted that they were engaged, etc. but explained that they intended to return to their home countries to apply for green cards, and who were nonetheless treated roughly, interrogated for hours, sometimes handcuffed and put into jail cells... I also read that being denied entry once could lead to you being 'flagged' and having trouble every time you travelled in future... I wasn't sure who paid for the trip back because as far as I knew I wouldn't be able to change my flight booking on the spot to return home, and booking a new flight at short notice would be prohibitive ($3500). We couldn't get in touch with the lawyer at such short notice for further advice, and after much heartache I decided to cancel the trip, the day before I had meant to fly.

Now L and I don't know how long it'll be till we see each other next. He'll have to consult the lawyer again and get the K-1 forms started. I've gathered that it's also not a simple matter to go over to visit him during the processing/waiting period for the K-1, due to the same concerns that I could enter the country and then apply directly for AOS and not leave. We just didn't have a clue! L and I both had looked up the USCIS website long ago and we read that if the spouse was in the US, then we should simply apply for the I-130 and there was no waiting list. We thought it sounded pretty straightforward! I guess that was pretty silly/naive.

Everyone we have met since beginning our relationship has said it's such a lovely story, the way we met and fell in love and I ended up going halfway round the world for something that seemed like a 'long shot'. One lady even wanted to write our story, lol! All I can think is that this is going to make for an interesting and eventful chapter.

Thanks so much for your help & advice, Ryan and m+p. I'll study what you've said carefully and get on to the next step of the process.

I'm a bit confused about whether I did the right thing, missing that flight - but chances are that you saved me going through what could have been a pretty harrowing experience.

riss

[riss 12]

Ah, thanks for that GandK. I had a good look at the instructions, that filled in the gaps for me!

Also if you are confused with the affidavit of support, police clearance certificate etc. Those documents are required at the consular interview stage, you do not need it now.

If your petition is approved by the USCIS, the embassy will send you another instruction with the list of required documents.

However, most of people here would like to prepare ahead of the interview and make the process goes as fast as possible.

I suggest you read all the relevant guides here and stick around the forum for a while. It all was overwhelming to me in the beginning too but once you have an overview of the process, it is very simple really.