Applying for a k-1 from in the US

[SydAussie 1]

Hi,

My boyfriend (US citizen) and I (Australian) have been together for almost three years now and are planning on getting engaged when I visit him for three months in January. I know it's a little unromantic to have to plan when we get engaged haha but I guess it's all about planning in long distance relationships! The reason we have planned it like this is so that I can get one last trip to the US before we apply. Im concerned that I won't be allowed to enter the US once we start the K-1 process so I thought this way we can limit the time apart a little bit.

My question is, what should I take over with me so that I can start the process over there? Birth certificate? Do I need a police check at this point? I want to be organised in advance so that we can apply soon after I arrive there. This is all very, very overwhelming! I feel stressed already! I have been reading so many posts on here, everyone is so helpful and supportive!

Any help/advice would be so appreciated! Thanks so much in advance

[BFP XX 62]

Your situation is a lot like mine and my fiancee's. I'm in the US, and while she's English, she spent the past couple of years living in Australia

That being said, take a look at the guides provided in the k-1 sticky posts. It contains everything (well not everything, not all cases are the same - but it has a pretty good over view) you'll need to fill out the I-129.

Also, while I cannot personally attest to this myself, many people say that you can in fact come back and visit while it's in process. You just need to bring your entire I-129 and and NOA that you have received. CBP officers generally won't hassle you too much if you have the right documentation of everything going on.

Edit: Here's the sticky I was referring to

visajourney.com/forums/topic/300-general-k1-guides-and-info/

Edited December 1, 2013 by BFP XX

[BFP XX 62]

Also, I have a quick question. You're coming to visit him on the visa waiver program, right? That, and have you visited him in the U.S. before?

[SydAussie 1]

Thanks so much!! I am looking at that link now .

Yes I have visited him plenty of times before on the VWP... Probably about 5 times all up and he has visited three times . We actually met when he was on holidays here in Australia through a mutual friend .

Are you in the process of applying for the k-1?? How far along are you two? Is she planning on visiting you during?

[BFP XX 62]

Thanks so much!! I am looking at that link now .

Yes I have visited him plenty of times before on the VWP... Probably about 5 times all up and he has visited three times . We actually met when he was on holidays here in Australia through a mutual friend .

Are you in the process of applying for the k-1?? How far along are you two? Is she planning on visiting you during?

That's awesome

Our story is pretty crazy, but that's for another time lol.

She's come to visit me twice now on the vwp, and is actually here now until early January.

We are in the process of doing the k-1 right now We just made up our I-129 last night. We had to wait a while to start everything, but everything is falling into place really quickly now. We'll be able to file it in January, so she won't be here when it's submitted, but we plan to get her back while it's being processed... I couldn't imagine being without her for 6+(-) months.

[SydAussie 1]

Oh that's great you get to spend christmas and new years together!

That's great that everything is falling into place for you guys now . Im guessing you didn't need to use a immigration lawyer then?

I think I will try and go back over once we have started to process but would suck if all that money on the flight was wasted and immigration are just so terrifying! haha. But definitely worth the risk!

[BFP XX 62]

Im guessing you didn't need to use a immigration lawyer then?

I think I will try and go back over once we have started to process but would suck if all that money on the flight was wasted and immigration are just so terrifying! haha. But definitely worth the risk!

When we first knew we wanted to be together, we had no idea how the.k-1 process worked - Which is funny, because I'm a border patrol agent in Arizona. With my job, I knew what it was, but never encounter it, so originally I had a consultation with a lawyer.

Shortly there after, a friend told me about vj, and I've never considered talking to a lawyer again. This site has literally everything - and if not, people that will know.

As for you coming back, there's another sticky that's entirely about visiting while it's being processed. Doesn't seem to be an issue as long as you know what you need ahead of time.

[SydAussie 1]

Yeah I've been reading this site for ages but I have only just joined. It is very helpful! I was reading that sticky just before and really comforting to know that I most likely will be able to visit during the process. Thank you for you help . Good luck with your visa!! Update your progress!

[BFP XX 62]

Will do

Good luck!

[nzannie 0]

Hi,

My boyfriend (US citizen) and I (Australian) have been together for almost three years now and are planning on getting engaged when I visit him for three months in January. I know it's a little unromantic to have to plan when we get engaged haha but I guess it's all about planning in long distance relationships! The reason we have planned it like this is so that I can get one last trip to the US before we apply. Im concerned that I won't be allowed to enter the US once we start the K-1 process so I thought this way we can limit the time apart a little bit.

My question is, what should I take over with me so that I can start the process over there? Birth certificate? Do I need a police check at this point? I want to be organised in advance so that we can apply soon after I arrive there. This is all very, very overwhelming! I feel stressed already! I have been reading so many posts on here, everyone is so helpful and supportive!

Any help/advice would be so appreciated! Thanks so much in advance

Hi there,

It will be so much easier doing the paperwork together!!! My fiance is in the States and I am in New Zealand!!

Just work through the K1 checklist on here and the letter templates, thats exactly what we did and we are at the K1 pre-inteview stage now.

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

Good luck on your on your journey

Annie x

[SydAussie 1]

thanks annie!! Sounds like it is almost over for you two! When did you apply?

[nzannie 0]

We applied July this year, had one Request for Further evidence, and got our case number from NVC 4 wks after our NOA2, so far so good!!! Let me know if I can help in any way x

[Anna Grant 169]

Hi,

My boyfriend (US citizen) and I (Australian) have been together for almost three years now and are planning on getting engaged when I visit him for three months in January. I know it's a little unromantic to have to plan when we get engaged haha but I guess it's all about planning in long distance relationships! The reason we have planned it like this is so that I can get one last trip to the US before we apply. Im concerned that I won't be allowed to enter the US once we start the K-1 process so I thought this way we can limit the time apart a little bit.

My question is, what should I take over with me so that I can start the process over there? Birth certificate? Do I need a police check at this point? I want to be organised in advance so that we can apply soon after I arrive there. This is all very, very overwhelming! I feel stressed already! I have been reading so many posts on here, everyone is so helpful and supportive!

Any help/advice would be so appreciated! Thanks so much in advance

We submitted our K1 petition whilst I was in the US last July for an 89 day visit. It made sense to do that whilst we were together. However, I was a bit concerned at POE, if I had my bags searched, what they would make of me having my birth certificate and divorce papers o me. They might think I was entering the US with the intention to marry and then AOS from within the US (not allowed). Therefore, I mailed the papers to my fiance in advance of my arrival so we had everything in place.

I traveled to see my fiance about 5 times in 15 month. The shortest time was 6 days and the longest was 90 days. I always took evidence of ties to the UK (which was more tenuous with each trip I took). The only thing I was ever asked for was my return ticket on my last trip - I was taking a 6 week trip after being back in the UK for only 5 weeks.

[SydAussie 1]

We applied July this year, had one Request for Further evidence, and got our case number from NVC 4 wks after our NOA2, so far so good!!! Let me know if I can help in any way x

Oh that's great! So good to hear stories like this where it didn't take years! Ive read some horror stories on here!

Thanks so much I will contact you when we are officially starting the process thanks!

[SydAussie 1]

We submitted our K1 petition whilst I was in the US last July for an 89 day visit. It made sense to do that whilst we were together. However, I was a bit concerned at POE, if I had my bags searched, what they would make of me having my birth certificate and divorce papers o me. They might think I was entering the US with the intention to marry and then AOS from within the US (not allowed). Therefore, I mailed the papers to my fiance in advance of my arrival so we had everything in place.

I traveled to see my fiance about 5 times in 15 month. The shortest time was 6 days and the longest was 90 days. I always took evidence of ties to the UK (which was more tenuous with each trip I took). The only thing I was ever asked for was my return ticket on my last trip - I was taking a 6 week trip after being back in the UK for only 5 weeks.

Yeah i was thinking I might send my birth certificate over first! Good idea! Did you send a copy? Or the original? Also you don't need a police check or medical at this point? Is that correct?

When you say you travelled to see your fiancee 5 times in 15 months, do you mean after you had applied for the k-1?