Waiting time experience

[Minni1101 0]

Hi everyone,

Me and my fiancé are just at the very beginning of applying for the K1 Visa. So far I am pretty confident that I understood everything that we need to fill out. I am more interested in the waiting time of paperwork. I am hoping someone can share their experiences.

How long does it usually take from first time of filing the K1 paperwork until it gets approved? (I know it's says it could take somewhere between 3-8 Month)

Are you applying for the I-765 form (application for employment authorization) with the Fiancé visa or right after the wedding with the green card? Also in what reasons could this get denied?

Also once you are married how long in your experience does it take until you get approved the green card? (It says somewhere 3 month until 3 years, how realistic is that?)

I am really looking forward to hear your experience

Thank you!

-Minni1101

[Darnell 8,478]

i suggest you study the timelines in your portal.

click the flag under yer name, that'll drop you to your country portal.

then click 'k-1 visa' in the middle left panel.

Go Get Em, and Good Luck !

[Tcarrol 54]

We are in mid process right now for AOS. Our I-129F took 9 months to be approved, but we had some special circumstances which probably delayed it. Once you get married, you can then apply for Adjustment of Status, Employment papers, and Advance Parole to travel outside of the United States during the process. Our attorneys are expecting 5 months approval for the green card and 2-3 months for the Employment papers and Advance Parole. Since your fiancée is from Germany, I believe your timeline will probably be shorter.

[Minni1101 0]

We are in mid process right now for AOS. Our I-129F took 9 months to be approved, but we had some special circumstances which probably delayed it. Once you get married, you can then apply for Adjustment of Status, Employment papers, and Advance Parole to travel outside of the United States during the process. Our attorneys are expecting 5 months approval for the green card and 2-3 months for the Employment papers and Advance Parole. Since your fiancée is from Germany, I believe your timeline will probably be shorter.

Thank you! Is it to recomment to have an attorney? May I ask what circumstances accured, so I have an idea of what could happen on the way?

Thank you!

-Minni1101

[karlosb10 0]

I don't know what your circumstances are and I don't want to get your hopes up but my fiance was just approved from the Philippines in 5 weeks! I couldn't believe it. I made a good case though with the help of VisaJourney and a book called Fiance and Marriage Visas, a Couples Guide to US Immigration by Nolo. It helped a lot. You might find some answers to your other questions there too. Good luck!

[Tcarrol 54]

I would recommend an attorney. I do believe USCIS has more respect for your application when they know you have someone with thorough knowledge of the law.

Our special circumstance was my fiancée came to the U.S. illegally in 2007 and deported in 2008. We had to file an I-212 waiver which added 5 months to our process after our initial interview.

[Pennycat 880]

Hi everyone,

Me and my fiancé are just at the very beginning of applying for the K1 Visa. So far I am pretty confident that I understood everything that we need to fill out. I am more interested in the waiting time of paperwork. I am hoping someone can share their experiences.

How long does it usually take from first time of filing the K1 paperwork until it gets approved? (I know it's says it could take somewhere between 3-8 Month)

Are you applying for the I-765 form (application for employment authorization) with the Fiancé visa or right after the wedding with the green card? Also in what reasons could this get denied?

Also once you are married how long in your experience does it take until you get approved the green card? (It says somewhere 3 month until 3 years, how realistic is that?)

I am really looking forward to hear your experience

Thank you!

-Minni1101

Timelines vary wildly. One persons experience won't be an indication of yours (especially not the person who posted about the 5 weeks...Phillipines applications were and maybe still are being expedited and are in no way reflective of reality).

Right now, all new applications are being handled at California Service Center. That is likely where you'll be handled. Check out the current processing times in the timelines link above. Word of caution: this could change at any moment, and it seems as if the Texas Service Center is forwarding a portion of its backlog to CSC. If or how this will effect you remains to be seen. Then once USCIS is done with you, State Department takes over and takes about 2 months from there. The K1 flowchart in the guides linked above can walk you through the more detailed steps.

You can't apply for anything else besides the visa until you're married. No green card no work authorization nothing. That's why it's quicker than spouse visas (which come with green cards, essentially), though. Your choice is to wait for the work authorization and green card together or apart. Work authorization and permission to travel abroad (advance parole) about 3 months after you apply, green card about 12 months. Then 2 years after this first green card you can apply for the permanent green card.

Edited July 9, 2015 by CatherineA

[Minni1101 0]

Timelines vary wildly. One persons experience won't be an indication of yours (especially not the person who posted about the 5 weeks...Phillipines applications were and maybe still are being expedited and are in no way reflective of reality).

Right now, all new applications are being handled at California Service Center. That is likely where you'll be handled. Check out the current processing times in the timelines link above. Word of caution: this could change at any moment, and it seems as if the Texas Service Center is forwarding a portion of its backlog to CSC. If or how this will effect you remains to be seen. Then once USCIS is done with you, State Department takes over and takes about 2 months from there. The K1 flowchart in the guides linked above can walk you through the more detailed steps.

You can't apply for anything else besides the visa until you're married. No green card no work authorization nothing. That's why it's quicker than spouse visas (which come with green cards, essentially), though. Your choice is to wait for the work authorization and green card together or apart. Work authorization and permission to travel abroad (advance parole) about 3 months after you apply, green card about 12 months. Then 2 years after this first green card you can apply for the permanent green card.

Good informations! Thanks! Not sure if you know but does a work permission usually gets approved? I am worried that if the permission gets denied that I can't work until the green card is approved and as you said that could take about one year...

[TabeaK 516]

Work permissions do not get denied if you are eligible - and as a K1 wife of a USC you are, But they can get delayed if they find certain errors in you I-485 that gets RFE'd - very often this is lack of financial documentation or the like.

[HK12 273]

I would recommend an attorney. I do believe USCIS has more respect for your application when they know you have someone with thorough knowledge of the law.

Our special circumstance was my fiancée came to the U.S. illegally in 2007 and deported in 2008. We had to file an I-212 waiver which added 5 months to our process after our initial interview.

To the OP, you are on a DIY website. Of course, if you choose to hire a lawyer, you may do so, but if you have no major red flags, there is absolutely no need for one. All applications are being treated the same, lawyer or not. You just have to keep yourself informed about the process and acquaint yourself with the requirements. It really is not that hard.

As pointed out by another user, timelines for both the K1 and AOS vary a lot. Amongst other variables, it depends on which service center you get routed to, how backlogged a service center is, how complete your paperwork is, what visa/application types are being prioritized by the service center when you file, and other factors. Sometimes it is sheer luck. My K1 (straightforward and without any RFE's) took about 9 months back in 2012, AOS (Interview Waiver case) took around 8 months in 2013. You may want to check out current timelines here in this forum, to give you a better idea of what to expect.

EAD seldom gets denied if you file with the proper paperwork.

If you have Germany-specific questions, you may want to take a look at this thread: http://www.visajourney.com/forums/topic/272767-german-peopleruhrt-euch/page-111?hl=%2Bgerman+%2Bpeople#entry7705384

Viel Erfolg/ good luck!

Edited July 9, 2015 by HK12

[BS1982 13]

Thank you! Is it to recomment to have an attorney? May I ask what circumstances accured, so I have an idea of what could happen on the way?

Thank you!

-Minni1101

We filed for our K1 visa without the use of a lawyer. Unless you have unusual circumstances, my recommendation is to follow the guides on this forum, ask questions in the forums when you don't understand something and pay attention to details. I've read many threads on here about lawyers making mistakes and causing problems. Nobody cares more about your case than you and your fiancée.

Good luck!

(Oh, and try to be patient!)