Feeling overwhelmed, just starting

[SmilingEyes 0]

Hi everyone,

I've lurked these forums for a while and finally registered as we are now getting prepared to apply for the k1 visa. I'll give a brief backround and then ask my questions.

My fiancée and I met 6 years ago online, met in person for the first time in 2010. I live in Ontario, Canada and he's from New Jersey. He has been in Canada for a while now. We just recently welcomed out beautiful babygirl into this world, 9 weeks ago...yikes, they grow so fast! I am sincerely overwhelmed and confused by this whole process, I have read the guides and I'm still at a loss.

Questions.

1. Where do we start?! What exact forms need to be filled out and what is the process? I see people talking about noa1 and noa2 and I'm confused as to where that all comes from.

2. Does anyone know if my daughter needs to be included in the application or did she acquire status at birth since my fiancée is a citizen? We obviously we're not married at the time of her birth.

3. Unfortunately, my fiancée has overstayed in Canada, will this affect our application?

4. We were planning on sending all of our paperwork to his parents and then they will send it off to the appropriate place for us, instead of doing abroad, from what I've read this is allowed, please confirm. In addition to this question, are we able to put his parents address for my fiancées address? This is where we plan to stay.

5. My fiancées father will be the cosponser, is there anything he needs to fill out for the k1 process or does that come later when we would adjust status?

I have a million more questions but I guess I'll start with these. I've read that you don't need a lawyer unless you have complications, ours would me him overstaying here, but that Is it. I'm hoping to get all the help I need from you wonderful people. Sorry in advance for the extremely long post and any typos, iPad autocorrect is horrible.

Edited November 18, 2013 by SmilingEyes

[volkditty 23]

I agree that the process can seem overwhelming at first, but once you get the ball rolling it becomes easier. The hardest part is the waiting in between steps. If you've read the guides, you're well on the way, they honestly have all the information you need. We submitted our K1 packet using nothing more than that information and haven't had any trouble. The main forms you need to fill out are the I-129F (which is the actual petition for the visa) and two G-325As (one for you, one for your fiance). Read the instructions for each of those forms and it will tell you what other documents you need to include as supporting evidence.

The NOA-1 is the first thing you should receive after you file the petition. It's simply a receipt that says they have received your case and begun looking at it. You should get that within a week from sending in your packet. The NOA-2 means they've approved your petition and are forwarding it to the consulate so you can actually apply for the visa. The time it takes to get the NOA-2 varies. The national average is reportedly around 5 months, but it seems lately to be moving much faster. We got ours in 35 days.

[gwenstar 66]

Here is a general guideline...

I just typed out a response and it got erased - oops!!!

Anyhow, this is a good starting point

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/support info about affidavit of support/co-sponsor .

http://www.visajourney.com/timeline/k1list.php?cfl=&op1=&op2=&op3=1&op4=1&op5=&op6=All timelines for K-1 processing. You can also make your own timeline once you start the process

Congrats on your new baby and your upcoming marriage!!! Good luck

Edited November 18, 2013 by gwenstar

[Virtuous45 31]

Question for the experts here!

Since they (Smilingeyes and her fiance) already have a long established relationship, could they just get married in Canada (even a small wedding) and then let her husband file the I-130 instead of going for the K-1 visa? I read in the Guide that the processing time between the two is just about the same - probably about 2 months less for the K-1, and it makes more sense to just file the I-130.

Just asking..

Thanks

[Canerican 242]

Question for the experts here!

Since they (Smilingeyes and her fiance) already have a long established relationship, could they just get married in Canada (even a small wedding) and then let her husband file the I-130 instead of going for the K-1 visa? I read in the Guide that the processing time between the two is just about the same - probably about 2 months less for the K-1, and it makes more sense to just file the I-130.

Just asking..

Thanks

It all depends on what they want to do. If the USC fiance is in Canada then it is possible that they could get married in Canada and do a spousal visa (I-130) DCF (Direct Consular Filing) if they have not already sent in the I-129F. Even if they have they could withdraw the I-129F and do spousal visa DCF. I am not sure what Canada's rules are if you overstay, but OP could check that out here: www.cic.gc.ca . Suggesting this site as it may affect whether or not he can travel back to Canada in the future. OP's fiance overstaying in Canada should not affect the USA visa process.

[lost_at_sea 995]

It all depends on what they want to do. If the USC fiance is in Canada then it is possible that they could get married in Canada and do a spousal visa (I-130) DCF (Direct Consular Filing) if they have not already sent in the I-129F. Even if they have they could withdraw the I-129F and do spousal visa DCF.

DCF is not available in Canada.

[Harpa Timsah 13,258]

Question for the experts here!

Since they (Smilingeyes and her fiance) already have a long established relationship, could they just get married in Canada (even a small wedding) and then let her husband file the I-130 instead of going for the K-1 visa? I read in the Guide that the processing time between the two is just about the same - probably about 2 months less for the K-1, and it makes more sense to just file the I-130.

Just asking..

Thanks

Yes, even people with short term relationships can do this. With current processing times being what they are though, I would stick with a K-1.

[Canerican 242]

DCF is not available in Canada.

I stand corrected...Thank you lost_at_sea.

[EndlessStory 53]

Hi everyone,

I've lurked these forums for a while and finally registered as we are now getting prepared to apply for the k1 visa. I'll give a brief backround and then ask my questions.

My fiancée and I met 6 years ago online, met in person for the first time in 2010. I live in Ontario, Canada and he's from New Jersey. He has been in Canada for a while now. We just recently welcomed out beautiful babygirl into this world, 9 weeks ago...yikes, they grow so fast! I am sincerely overwhelmed and confused by this whole process, I have read the guides and I'm still at a loss.

Questions.

1. Where do we start?! What exact forms need to be filled out and what is the process? I see people talking about noa1 and noa2 and I'm confused as to where that all comes from.

This is the flowchart : http://www.visajourney.com/content/k1flow

This is the step by step guide http://www.visajourney.com/content/k1guide

You can read both of the above, you can find this link on top of this page, labeled "Guides" -->> Pick K1 visa

2. Does anyone know if my daughter needs to be included in the application or did she acquire status at birth since my fiancée is a citizen? We obviously we're not married at the time of her birth.

I "think" your daughter can be registered as U.S. Citizen since your finacee is a citizen, even though the child is born abroad.

Not quite sure about this one, hope the others can help you better.

3. Unfortunately, my fiancée has overstayed in Canada, will this affect our application?

Your fiancée will only be affected if she is going to apply for Canada AOS/visa. As long as you don't overstay your visa in U.S. You will be fine

4. We were planning on sending all of our paperwork to his parents and then they will send it off to the appropriate place for us, instead of doing abroad, from what I've read this is allowed, please confirm. In addition to this question, are we able to put his parents address for my fiancées address? This is where we plan to stay.

Yes you can use that address as U.S. Citizen address. You can ask them to submit paperwork from U.S.

5. My fiancées father will be the cosponser, is there anything he needs to fill out for the k1 process or does that come later when we would adjust status?

He will need to fill out the I-134 but that is not till later at the interview stage/ packet 3 stage. After NOA2

I have a million more questions but I guess I'll start with these. I've read that you don't need a lawyer unless you have complications, ours would me him overstaying here, but that Is it. I'm hoping to get all the help I need from you wonderful people. Sorry in advance for the extremely long post and any typos, iPad autocorrect is horrible.