Start filing for K-1 while my fiance is still in the US (but leaving soon)

[nakanh 0]

Hello all,

We are new to the forum and have some questions regarding the filing process for the K-1 fiance visa.

We are in a slightly abnormal situation, because my fiance is currently in the US. She came over as an international student and is currently staying under her F-1 OPT visa. However, the visa expires in December. We are aware that we could just get married and file for "Adjustment of Status", but time is short we would like to avoid jumping into a rushed wedding if possible.

The fiance visa option would give us a little more time to plan our wedding. She would of course go back home to Thailand in a few months so that she doesn't overstay her visa. The question is can we start the filing process for the K-1 visa (form I-129f) before she leaves? If so, how early can we start filing while she is still here in the US?

We hope that by filing the petition early, say two months before she goes back, it will give us a 2 months head start by the time she returns to Thailand. So instead of having to wait 6-8 months apart, it would only be 4-6. Does anyone know if this is how it works? Or will the application be somehow delayed until she is out of the country?

I notice that question #12 on the form does ask us to specify that she is currently in the US on a student visa. So I am assuming that it is acceptable. I am just unsure whether there will be added delays because of it. We would really like to know if it is possible to lessen our time apart.

Thank you and I truly appreciate any guidance.

[Anna Grant 169]

I can only speak from my own experience as we filed for the K1 whilst I was still in the US under the VWP (I'm from the UK). We filed on 20 July 2012 and I didn't leave the US until 15 October 2012.

[aws&ndd 103]

You can file the I-129f whenever you want, doesn't matter if your fiancee is still here in the US. If anything it makes it easier because then you can fill out the paperwork together and she can sign all the forms that require her original signature before you send it.

The application will be processed normally, meaning it won't be delayed just because she is still in the US. With that said, she will interview at the embassy in her country so she will need to return home for that when it comes time for her interview.

[nakanh 0]

I can only speak from my own experience as we filed for the K1 whilst I was still in the US under the VWP (I'm from the UK). We filed on 20 July 2012 and I didn't leave the US until 15 October 2012.

Hello Anna,

If you don't mind us asking, how is your case currently going? Is the processing time consistent with other cases (as posted on here), or are you experiencing any significant delays?

Thanks.

[Anna Grant 169]

Hello Anna,

If you don't mind us asking, how is your case currently going? Is the processing time consistent with other cases (as posted on here), or are you experiencing any significant delays?

Thanks.

The major delay was, with most people who filed around our time, with CSC - 9 months from NOA1 to NOA2. We then spent 2 weeks in AP and NVC - since then, it's been very swift. We were approved at interview this Tuesday and my visa was issued today.

[aaron2020 11,652]

Why would you want to pay thousands of dollars to get the K-1 visa? All of these expenses could be avoided by marrying in the US and adjusting.

Also, why would you want to be separated from her for 6-12 months? (Your 4-6 months of waiting after filing 2 months before she leaves the US is very optimistic. Currently, many couples aren't even getting their NOA2 until month 8.)

If you want a big fancy wedding, then you can have it.

Think about getting a quickie marriage at the local courthouse, file to adjust, and then have your big wedding at a later date. The advantages over your current plans are 1) save money for things you really need rather than toss it for a K-1 you don't need, 2) you and her will not be separated, and 3) you can still have your big wedding.

If she needs to go home, she could get AP while she adjust her status. That would allow her to go to Thailand and come back to the US to Colette her adjustment.

Edited June 20, 2013 by aaron2020

[KayDeeCee 4,904]

I agree with the above poster. I think you should just marry and adjust status without her ever leaving the US.

Edited June 20, 2013 by Jay-Kay

[aaron2020 11,652]

Save your money. Don't waste it on a K-1 you don't need. Save it for your wedding.

I agree with the above poster. I think you just marry and adjust status without her ever leaving the US.

She can leave the US if she has AP and is not out of status when the I-485 is filed. Edited June 20, 2013 by aaron2020

[KayDeeCee 4,904]

She can leave the US if she has AP and is not out of status on her student visa.

Uhmm, yes she can leave after filing for AOS and receiving AP. I was referring to her staying in the US to marry and adjust status and not leaving to file for a K-1.

[aaron2020 11,652]

Uhmm, yes she can leave after filing for AOS and receiving AP. I was referring to her staying in the US to marry and adjust status and not leaving to file for a K-1.

Gotca. So freakin hard to interpret short posts.

[kyaleja 0]

Why would you want to pay thousands of dollars to get the K-1 visa? All of these expenses could be avoided by marrying in the US and adjusting.

Also, why would you want to be separated from her for 6-12 months? (Your 4-6 months of waiting after filing 2 months before she leaves the US is very optimistic. Currently, many couples aren't even getting their NOA2 until month 8.)

If you want a big fancy wedding, then you can have it.

Think about getting a quickie marriage at the local courthouse, file to adjust, and then have your big wedding at a later date. The advantages over your current plans are 1) save money for things you really need rather than toss it for a K-1 you don't need, 2) you and her will not be separated, and 3) you can still have your big wedding.

If she needs to go home, she could get AP while she adjust her status. That would allow her to go to Thailand and come back to the US to Colette her adjustment.

Seriously, If you're both ready to marry then do it. At least have a conversation about it, cause with the K-1 there is no guarentee on how long it takes, and trust all of us, waiting isnt fun.