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Posted (edited)

Hello all,

I have some quick questions about the K1 Fiance Visa processes

- I don't currently meet the 110% above poverty line right now as I graduated from college not too long ago. My father will be our co-sponsor. I will be applying to Grad programs in Health field. If I get into Pharmacy school, I won't be able to work at all. If my fiance comes to the US and I will be studying -- if my father will still make enough as a co-sponsor AFTER he has arrived to the States, would that be enough? I'm confused whether the co-sponsorship applies only before they approve or if it also applies after the approval when he is in the country as well.

- Does the country matter where my fiance in coming from? For example, he is from London, England. Will this possibly push the process time period faster? Or would it normally be 12 months?

- Lastly, I am planning to visit my home country after I file our application. My home country isn't the UK. Will I be able to be out of the country for a month sometime during the wait?

- Will I be able to visit my fiance also, or is it more preferable to just wait out a year?

Thank you in advance !

Edited by Sally Elle

goofy.gif Our K-1 progress luv.gifrose.gifrose.gif

I-129F Filed ~ 1/21/14

NAO1 text/email: 1/27/14

NAO2 hardcopy: 2/18/14

Case sent from NVC to London: 3/4/14

Case received by US Embassy: 3/6/14

CEAC status changed to "ready": 3/7/14

Package 3 date: 3/17/14

Medical: 5/14/14

CEAC status update: 5/19/14

Readiness Form: 5/29/14

CEAC status update: 6/4/14

Interview: 6/27/14 (APPROVED!!!)

Visa pick-up: 7/9/14 <3

AOS received: 4/21/15

Biometrics: 5/20/15

EAD letter received: 7/6/15

Posted

Hello all,

I have some quick questions about the K1 Fiance Visa processes

- I don't currently meet the 110% above poverty line right now as I graduated from college not too long ago. My father will be our co-sponsor. I will be applying to Grad programs in Health field. If I get into Pharmacy school, I won't be able to work at all. If my fiance comes to the US and I will be studying -- if my father will still make enough as a co-sponsor AFTER he has arrived to the States, would that be enough? I'm confused whether the co-sponsorship applies only before they approve or if it also applies after the approval when he is in the country as well.

- Does the country matter where my fiance in coming from? For example, he is from London, England. Will this possibly push the process time period faster? Or would it normally be 12 months?

- Lastly, I am planning to visit my home country after I file our application. My home country isn't the UK. Will I be able to be out of the country for a month sometime during the wait?

- Will I be able to visit my fiance also, or is it more preferable to just wait out a year?

Thank you in advance !

1. Your father can be sponsor for the K1 and beyond. You'll prove he has enough money for the K1 then again during adjustment of status after you marry. Your dad can do both

2. Sadly, no. Being from London will not be faster than anywhere else necessarily. On the plus side, the London embassy is very easy to deal with and members here have lots of tips to getting through that stage as quickly as possible. 12 months is on the long end. Hopefully it'll be less than that.

3. Yes. You can continue to travel. You can go where you like while everything is pending, as can your fiance. You can visit one another within the terms of the tourism visas you'll use (VWP most likely).

You mention visiting your hone country. I assume you are a US citizen or Legal Permanent Resident

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted (edited)

1. Your father can be sponsor for the K1 and beyond. You'll prove he has enough money for the K1 then again during adjustment of status after you marry. Your dad can do both

2. Sadly, no. Being from London will not be faster than anywhere else necessarily. On the plus side, the London embassy is very easy to deal with and members here have lots of tips to getting through that stage as quickly as possible. 12 months is on the long end. Hopefully it'll be less than that.

3. Yes. You can continue to travel. You can go where you like while everything is pending, as can your fiance. You can visit one another within the terms of the tourism visas you'll use (VWP most likely).

You mention visiting your hone country. I assume you are a US citizen or Legal Permanent Resident

If 12 months in on the long end, should I be looking at around 9 months then if all the documents are done and sent correctly? He will be coming at the end of August for a month where we're planning to engage then (we've been together for a little over 4 years now). If I'm going to my home country in February 2014, I won't be able to take more vacation time until the summer, which would leave it close the a year from August 2013 before I can see him again, and by then everything would have been approved.

I've been to London a couple times whereas he's been here in the US more times than that. I basically just booked a round-trip ticket and hopped on the plane for about a month stay? So the VWP is basically the same or do I have to apply for it directly?

One other question: Would it complicate the approval process when I explain to them that I don't meet the 110% poverty guideline and that my father is willing to be a co-sponsor? And what if I tell them too that I plan to go to grad school where I won't be able to work for a while? My father will be our sponsor, but if all goes well by that time my fiance should be able to find a job and work once he is allowed to do so. I'm sure they will ask what I plan to do career-wise.

I naturalized, so I'm a US citizen (:

Edited by Sally Elle

goofy.gif Our K-1 progress luv.gifrose.gifrose.gif

I-129F Filed ~ 1/21/14

NAO1 text/email: 1/27/14

NAO2 hardcopy: 2/18/14

Case sent from NVC to London: 3/4/14

Case received by US Embassy: 3/6/14

CEAC status changed to "ready": 3/7/14

Package 3 date: 3/17/14

Medical: 5/14/14

CEAC status update: 5/19/14

Readiness Form: 5/29/14

CEAC status update: 6/4/14

Interview: 6/27/14 (APPROVED!!!)

Visa pick-up: 7/9/14 <3

AOS received: 4/21/15

Biometrics: 5/20/15

EAD letter received: 7/6/15

Posted (edited)

If 12 months in on the long end, should I be looking at around 9 months then if all the documents are done and sent correctly? He will be coming at the end of August for a month where we're planning to engage then (we've been together for a little over 4 years now). If I'm going to my home country in February 2014, I won't be able to take more vacation time until the summer, which would leave it close the a year from August 2013 before I can see him again, and by then everything would have been approved.

I've been to London a couple times whereas he's been here in the US more times than that. I basically just booked a round-trip ticket and hopped on the plane for about a month stay? So the VWP is basically the same or do I have to apply for it directly?

One other question: Would it complicate the approval process when I explain to them that I don't meet the 110% poverty guideline and that my father is willing to be a co-sponsor? And what if I tell them too that I plan to go to grad school where I won't be able to work for a while? My father will be our sponsor, but if all goes well by that time my fiance should be able to find a job and work once he is allowed to do so. I'm sure they will ask what I plan to do career-wise.

I naturalized, so I'm a US citizen (:

Well, the timelines vary. The I-129f petition, which is the biggest waiting period, takes 5 - 9 months to be approved and this time gap varies and moves throughout the year as service centres get less or more busy. Once your petition has been approved, it goes to the NVC where some more processing is done and it's sent to the local embassy where your fiance lives. It takes 2 - 4 weeks to go through the NVC. Once at London, there is more paperwork to do for the K1 application proper, a medical and an interview - all that takes 3 - 5 months. So, you see... there's long and short predications everywhere, could be you do 5 months, 2 weeks and 3 months - very short, or you get 9 months, 1 month and 5 months - much longer! Does that make sense?

Once you've filed your I-129f, you can start a timeline here that'll predict when your approval at this stage may come, which will help you plan a little.

VWP is automatic. You only need to apply for a tourist visa if you've done something that means you're not eligible for the VWP anymore - so it's fine. You'll just keep doing what you've already been doing for visits.

Co-sponsoring is not complicated nor unusual. If you scout around the forums here, you'll find tons of people who don't make above the poverty guidelines and use a family member or friend to sponsor instead. It won't cause any extra wait or complications. They won't ask you what you plan to do career wise. The things they care about are:

Have you met in the last 2 years?

Is your relationship genuine?

Do you have means to support yourself and your fiance (if no, do you have a sponsor to do so?)?

Are you both free and able to marry, and will you do so within 90 days of entering on the K1?

They don't care what you or your fiance will be doing after you marry. The interviewer may ask your fiance, but it'll mostly be from curiosity than as a basis to make a decision about eligibility. You don't have to attend the interview, so it's unlikely they'll ever ask what you intend to do.

Your fiance won't be able to work until *after* you've married on the K1 and he's applied for AoS. When applying for AoS he also applies for an "EAD", which is essentially a work permit (once his AoS comes through and he gets his green card he won't need the EAD anymore). It takes about 3 months from filing for the EAD to get it, and he can't work before he receives it. Technically he can file for the EAD when he arrives, but by the time he got that his AoS would likely come through, so it'd be a waste of money. :)

There are guides you should read, to help you understand everything better:

K1 guide (fling the I-129f and applying for the K1): http://www.visajourney.com/content/k1guide

K1 flowchart (to help you understand the order of events): http://www.visajourney.com/content/k1flow

AoS (adjusting his status after you marry): http://www.visajourney.com/content/k1k3aos

EAD (temp work permit): http://www.visajourney.com/content/k1k3ead

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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