Question about which visa we need

[didopage 337]

Fiance visa for Nebraska service center is 5 months. I would say if you meet the requirements for this petition then go for it.

No. Only Vermont and California SC process I-129F petitions, and they are both at a 5 months goal. Applying for the K-1 visa takes usually a few more months after that, depending on the beneficiary country.

OP, how old is your boyfriend? Under 21 or over?

[Heatherlee 0]

Your service center is Nebraska: I-130 filing for unmarried son/daughter over 21 processing time according to USCIS is 30.4 months!!! (you need to find out where your boyfriends father lives and then go on USCIS website (link above) to check their processing time for their service center.

--You can also check timeline stats on VJ linked to your service center and the petition.

Fiance visa for Nebraska service center is 5 months. I would say if you meet the requirements for this petition then go for it.

Thank you & I found out, his family lives in New Jersey

[Heatherlee 0]

No. Only Vermont and California SC process I-129F petitions, and they are both at a 5 months goal. Applying for the K-1 visa takes usually a few more months after that, depending on the beneficiary country.

OP, how old is your boyfriend? Under 21 or over?

he is 35 yrs old, and his family members live in new jersey

[didopage 337]

And do you know if his father is a US citizen or a permanent resident?

[KayDeeCee 4,904]

Fiance visa for Nebraska service center is 5 months. I would say if you meet the requirements for this petition then go for it.

This is going to confuse people that might read this now and in the future.

There are NO fiance visas processed at ANY of those centers. The centers in the US process the petitions. Nebraska does NOT process fiance petitions either. All petitions are sent to the Dallas lockbox and sorted out to either of the only two service centers that adjudicate I-129F petitions, Vermont or California.

Currently it is taking an average of 6-8 months to reach the visa interview stage of the process. Getting through the first step of having the I-129F petition approved takes about 3-6 months on average.

[Heatherlee 0]

And do you know if his father is a US citizen or a permanent resident?

well Im talking to him now, and his father does not live there, its his fathers brother, and a stepsister & a stepbrother, and hes not sure if they are US citizens or permanent residents. He just recently learned about these relatives, so he doesnt know much about them i guess..so i guess its probably best to just do the fiance visa route..thanks

[didopage 337]

Yes, the fiance visa is now definitely the best route. I advise you to go click on the "Guides" tab on VJ, you will find a lot of good information about it. And read carefully the fiance visa explanations on the uscis.gov website. It may look like there is a ton of information to read, but you will see at the end that it's not that much complicated. Good luck to you!

Edited April 9, 2012 by didopage

[Heatherlee 0]

Yes, the fiance visa is now definitely the best route. I advise you to go click on the "Guides" tab on VJ, you will find a lot of good information about it. And read carefully the fiance visa explanations on the uscis.gov website. It may look like there is a ton of information to read, but you will see at the end that it's not that much complicated. Good luck to you!

thank you very much

[Xanax 349]

Your service center is Nebraska: I-130 filing for unmarried son/daughter over 21 processing time according to USCIS is 30.4 months!!! (you need to find out where your boyfriends father lives and then go on USCIS website (link above) to check their processing time for their service center.

--You can also check timeline stats on VJ linked to your service center and the petition.

Fiance visa for Nebraska service center is 5 months. I would say if you meet the requirements for this petition then go for it.

Fairly sure only Vermont and California do K1 now

[Xanax 349]

I believe the visas to get relatives to the US can take upwards of 12 months, where a fiance visa takes 6-9 months. If you want to marry then fiance visa is definately quicker

[Laure&Colin 562]

well Im talking to him now, and his father does not live there, its his fathers brother, and a stepsister & a stepbrother, and hes not sure if they are US citizens or permanent residents. He just recently learned about these relatives, so he doesnt know much about them i guess..so i guess its probably best to just do the fiance visa route..thanks

None of these people are immediate relatives as defined by the immigration law, and they cannot petition for him. Only one's spouse, parents, children, or siblings can petition. Take a look at the USCIS website here.

So the K1 is your only option, unless you want to get married first.

[Nich-Nick 3,355]

Do you have any idea how long it could take to file through him having family members here? I'd like to let my boyfriend know how long it could possibly take if we went that route, because he feels that's the better way to go, although I feel the fiance visa is the easier, quicker route. Also, what other reasons would it be better to go the fiance visa route? thanks for any extra info

Getting back to this question that was never answered or some misleading answers were given about how long the petition takes. It's availability of a visa that takes a long time.

If it was his father who lived in the US, then an approved I-130 petition would only get him a place in line waiting for a visa. There are only so many visas available each year in the category of adult unmarried son/daughter. Right now (April 2012), the people who have made it to the front of the line to get a visa have been in line since April 1, 2005 if Dad was a US citizen. If Dad was a permanent resident, then the ones at the front of the visa line got there January 15, 2004 or before. Since your boyfriend does not have an immediate relative (parent) in the US, there is nobody that qualifies to bring him here, so the times don't apply to him.

There is no numerical limit on visas for fiances or spouses of US citizens(you). He would not have to line up and wait for years for a visa to become available. It will still take 2-3 months after the petition is approved to process the paperwork in London for that immediately available visa. You can start now and petition him as your fiance (I-129F). Or you could marry him first and petition him as your spouse (I-130).

The basic fees

Spouse route = $738 + £259.50

$420 (USCIS) I-130

$88 (NVC) Affidavit of Support fee

$230 (NVC) Immigrant Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

Fiance route = $1650 + £259.50

$340 (USCIS) I-129F

$240 (Embassy) Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

Edited April 9, 2012 by Nich-Nick

[bigdog 377]

We did K1 (with relatively little issues), but probably would have gotten married then applied, then you come to USA with green card, less steps, just takes a little longer, and less expensive. Good Luck what ever you choose.

[Inky 1,111]

Your service center is Nebraska: I-130 filing for unmarried son/daughter over 21 processing time according to USCIS is 30.4 months!!! (you need to find out where your boyfriends father lives and then go on USCIS website (link above) to check their processing time for their service center.

--You can also check timeline stats on VJ linked to your service center and the petition.

Fiance visa for Nebraska service center is 5 months. I would say if you meet the requirements for this petition then go for it.

Please stop advising this. Nebraska does not work on K-1 petitions. Nor does it work on Spousal visas. This information is INCORRECT and you keep giving the wrong information everytime you post this.

[sulhaq 60]

I am going to give you a plain and simple answer. Go the K-1 route. It's simple as that. Go the K-1 route and absolutely positively *forget* about the family members route. Reasons are many-fold:

1. His true intent for coming here is not to be with his family but to marry you. Although perfectly legal, it can still be misconstrued as immigration fraud. You never know what kind of consular officer you will get and what kind of questions you will be asked. Don't chance it. Go by the book.

2. Your boyfriend is most definitely unmarried and more than likely over 21. In this regard, he will fall into the I-130 category of "Unmarried sons and daughters of U.S. Citizens over 21" This category is NOT immediate like the spousal category. I quickly searched the California Service Center statistics for the above (just as an example), and they are currently processing applications for this category with the priority date of January 13, 2010. They're processing applications that were filed over TWO YEARS AGO.

Conclusion: K-1 visa is best for you, IF you truly intend to marry your boyfriend within 90 days of his arrival.

Edited April 9, 2012 by sulhaq