Visa taking too long...

[USMC 0]

So I am in the military, and met my now fiance in Switzerland. We have already completed the K-1 visa application and sent it in to the Texas service center. We send it back in May, and have only received the NOA1. We have been anxiously waitingm will nothing happening at all. We are planning to get married on December 1st in Texas. The date is really chosen because it is the only dates that we can get our families together at the same time. If the K1 visa is not approved by then, what are our other options? I have heard that it is ok to go to the States on the VWP to get married, IF you DO NOT plan on staying there permantly. For example, could we get married, and then she goes back to Switzerland to wait for the K1 visa to finish processing? If she does that, will she even need the K1 visa anymore, since she is no longer a fiance, but more a wife. I do not want to break the law, I just want to figure out all of the options that we have, so that our families can be there for the wedding. Help si greatly appreciated!

[Driss&alicia 1]

If she comes to the states and you two get married then the K1 will be null and void since she will then be your wife and not a fiancee. If you get married then she will need to return to her country and you will have to start all over filing for a CR-1 visa for a spouse. An option you can do is still have everyone together in december and have a wedding celebration so everyone can be there to celebrate with you. Then once your K-1 getts approved and she comes here you two can go to the courthouse and sign papers for a legal marriage. This is just an idea i wanted to throw out there, since you are already 3+ months into K-1 i would think things will be moving along for you soon. and you dont want all this time spent for nothing. I hope you get it figured out and good luck on your visa process (whichever one you decide to do)

[Henry&Rebecca 39]

So I am in the military, and met my now fiance in Switzerland. We have already completed the K-1 visa application and sent it in to the Texas service center. We send it back in May, and have only received the NOA1. We have been anxiously waitingm will nothing happening at all. We are planning to get married on December 1st in Texas. The date is really chosen because it is the only dates that we can get our families together at the same time. If the K1 visa is not approved by then, what are our other options? I have heard that it is ok to go to the States on the VWP to get married, IF you DO NOT plan on staying there permantly. For example, could we get married, and then she goes back to Switzerland to wait for the K1 visa to finish processing? If she does that, will she even need the K1 visa anymore, since she is no longer a fiance, but more a wife. I do not want to break the law, I just want to figure out all of the options that we have, so that our families can be there for the wedding. Help si greatly appreciated!

First things first, yes if you get married at any point before your K1 visa (not just the I-129F petition) approval, then you void the fiancee petition as she is no longer a fiancee but a wife.

Secondly, it's great to be hopeful that the visa will be approved by December but it's never a guarantee. Certainly not so for a May filer.

Thirdly, it is my understanding that Texas Service Center no longer processes I-129F petitions (well, not normally anyways). Check your NoA1 to see which center (California or Vermont) is actually processing your petition, and then start wetting your pants if it is indeed the Texas Service Center because apparently it's the slowest one of all.

Fourthly, yes you can have her enter on the VWP and get married with no intent on staying (they might give her trouble at entry to US though, even maybe deny entry because of suspicion that she intends to stay after marriage... Not a guarantee, but a chance nonetheless). However, as noted in firstly, this voids the fiancee petition and you have to start all over with a spousal petition.

And last but not least, being in the military I've heard grants you the luxury of an expedited approval at USCIS. I am unsure of the exact requirements for this (I think you have to have a deployment pending or something, but am not sure), but you might want to check into it and make use of the privilege that is available to you, by boosting yourself ahead of the line.

Best of luck to you.

[didopage 337]

First, you didn't send it to the Texas Service Center, but to the Texas lockbox. Check your NOA1 to know if your case is in California SC or Vermont SC (the only 2 service centers that adjudicate I-129F petitions). If you sent your petition package in May, this is completely normal that you received nothing yet. It takes about 5 months for the petition to be reviewed (more if your case is at Vermont SC, as they are really slow right now).

Second, it is not good to make plans in advance when you start the K-1 process, simply because you don't know when your fiancee will have the visa in hand.

If your fiancee comes to the US with the VWP to marry you and then comes back to her country, there is nothing wrong that. Except that she won't qualify for a fiance visa anymore and will be deny at her K-1 interview. Fiance visas are for people that are not married and intend to do it in the US with it.

2 options here:

- you really want to get married on December 1st, and you don't have the K-1 visa at that date: forget the fiance visa and you will have to start all over again with a spousal visa.

- do not count too much on Dec 1st, do not make definite plans about it, and continue with the K-1 visa. That is your best option right now. Again, it is usually advice not to make wedding plans before having the visa in hand. If you want to have a nice wedding with all your families and friends, best is to get civilly married in the 90 days after entering the US with the K-1 visa, and then organize another wedding with families/friends later, at the date you want.

It may be possible she will have her visa before Dec 1st, but schedule is tight... and will be stressful.

[peonyflowers99 4]

So I am in the military, and met my now fiance in Switzerland. We have already completed the K-1 visa application and sent it in to the Texas service center. We send it back in May, and have only received the NOA1. We have been anxiously waitingm will nothing happening at all. We are planning to get married on December 1st in Texas. The date is really chosen because it is the only dates that we can get our families together at the same time. If the K1 visa is not approved by then, what are our other options? I have heard that it is ok to go to the States on the VWP to get married, IF you DO NOT plan on staying there permantly. For example, could we get married, and then she goes back to Switzerland to wait for the K1 visa to finish processing? If she does that, will she even need the K1 visa anymore, since she is no longer a fiance, but more a wife. I do not want to break the law, I just want to figure out all of the options that we have, so that our families can be there for the wedding. Help si greatly appreciated!

Hi there,

As an active duty military you are going to receive an expedite procedure. If you plan on getting married on Dec.1st, then you are better of not starting the K1 visa process. If she is going back to Switzerland, she can come here get married and then return and file I-130. However the CR1 process is long but it saves a lot of headache on the long run. If you read my timeline you will see what I mean. If you are stationed in Germany you may want to look into other avenues for now. If you are deployed or ready to get deployed you may want to discuss that throughly with her as you being deployed and nobody there to support her during that journey. Before applying for any type of visa, check out the requirements for each of them and then check out the statistics for each case. Either way I wish you both best of luck and a ton of patience.

Kind regards,

Andrea

[C-ma'am 684]

Hi there,

As an active duty military you are going to receive an expedite procedure. If you plan on getting married on Dec.1st, then you are better of not starting the K1 visa process. If she is going back to Switzerland, she can come here get married and then return and file I-130. However the CR1 process is long but it saves a lot of headache on the long run. If you read my timeline you will see what I mean. If you are stationed in Germany you may want to look into other avenues for now. If you are deployed or ready to get deployed you may want to discuss that throughly with her as you being deployed and nobody there to support her during that journey. Before applying for any type of visa, check out the requirements for each of them and then check out the statistics for each case. Either way I wish you both best of luck and a ton of patience.

Kind regards,

Andrea

This is not entirely true. A petition can be expedited for a member of the military if:

1) They send a request to expedite

2) The USC has deployment orders

They don't just get expedited for being in active duty.

First, you didn't send it to the Texas Service Center, but to the Texas lockbox. Check your NOA1 to know if your case is in California SC or Vermont SC (the only 2 service centers that adjudicate I-129F petitions). If you sent your petition package in May, this is completely normal that you received nothing yet. It takes about 5 months for the petition to be reviewed (more if your case is at Vermont SC, as they are really slow right now).

Second, it is not good to make plans in advance when you start the K-1 process, simply because you don't know when your fiancee will have the visa in hand.

If your fiancee comes to the US with the VWP to marry you and then comes back to her country, there is nothing wrong that. Except that she won't qualify for a fiance visa anymore and will be deny at her K-1 interview. Fiance visas are for people that are not married and intend to do it in the US with it.

2 options here:

- you really want to get married on December 1st, and you don't have the K-1 visa at that date: forget the fiance visa and you will have to start all over again with a spousal visa.

- do not count too much on Dec 1st, do not make definite plans about it, and continue with the K-1 visa. That is your best option right now. Again, it is usually advice not to make wedding plans before having the visa in hand. If you want to have a nice wedding with all your families and friends, best is to get civilly married in the 90 days after entering the US with the K-1 visa, and then organize another wedding with families/friends later, at the date you want.

It may be possible she will have her visa before Dec 1st, but schedule is tight... and will be stressful.

This is your best answer

Edited September 18, 2012 by Celeste & C

[madtownguy 164]

If she can get here on a visa why not just get married here and have her stay until you get the visa done? She might have around a year she can't leave the country but I would think that's a better situation myself than waiting a year for her to come here.

[C-ma'am 684]

If she can get here on a visa why not just get married here and have her stay until you get the visa done? She might have around a year she can't leave the country but I would think that's a better situation myself than waiting a year for her to come here.

Because coming into the country on a B2 visa with the intent to marry (and staying) is visa fraud.

Edited September 18, 2012 by Celeste & C

[Ban Hammer 13,399]

If she can get here on a visa why not just get married here and have her stay until you get the visa done? She might have around a year she can't leave the country but I would think that's a better situation myself than waiting a year for her to come here.

have you read this site's terms of service?

you agree that when using the Service, you will not: Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

your advice above indicates the significant other of the op will enter the usa with immigration intent. that can, at the discretion of uscis, cause the op and his significant other huge problems.

[khwaidee1 196]

As someone else suggested, why not have a wedding "celebration" with all the family in December and then once the K-1 is approved and she is here you can make it legal. My fiancee and I had a big party for her extended family several months ago because we didn't think we would be able to pull it off once we got notice of the interview (they gave us 7 days!). Anyway, nothing filed nor signed, just a big party with family and friends with the monks from our temple. We have our legal ceremony in 2 weeks here. Good luck!

[Ban Hammer 13,399]

one post removed and one member thread banned for continuing to violate tos.

[peonyflowers99 4]

This is not entirely true. A petition can be expedited for a member of the military if:

1) They send a request to expedite - who said he wouldn't?

2) The USC has deployment orders-who said he is not already deployed?

They don't just get expedited for being in active duty.

This is your best answer

Not only a large expertise in military matters but also implying that we need a B2 visa. Impressed.

[peonyflowers99 4]

Not only a large expertise in military matters but also implying that we need a B2 visa. Impressed.

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