K-1 Question

[dalts 0]

Good afternoon,

I apologize for another repetitive question being asked here, but I am trying to search on my phone and am having trouble finding exact answers for my questions. I will continue searching but thought I would make a first time post. I am looking to move to the U.S. with my fiance (U.S. citizen). I was wondering if you could tell me how long in advance before our wedding we should submit the application (wedding July 29, 2016, I am getting everything together now). Also, I am wondering, while the application has been submitted, am I allowed to enter and exit the U.S. to visit her from Canada (I believe I read that the answer is 'yes'? Lastly, when the application is approved, and I enter the U.S. and start that 90 days until I have to marry, am I also allow to leave the U.S. to go back home at any point, and then reenter? Thank you!

[dalts 0]

Also, where do I find the current fees for the application?

[chiggins82 87]

Hey!

Timeline can be a tricky thing. It can take a few months to many months to get the K-1. When we made the decision to get a K-1, I planned for approximately 1 year. My approvals came faster than expected so I had to ask the consulate for an extension on the I-129F validity.. which seemed to be no problem for them.

Take a look at service center times (I am not positive, but I think IL would go through Texas? Which is slow). Whatever you do, I would not make any plans that you cannot back out of. The way we did it was we got our K-1 and had a court house ceremony to get the paper work done, and then we planned a reception for a few months later. Was much less stressful than worrying if you'll get your visa in time for a big planned party!

as for travel, while waiting for k-1 you can travel. i always carried documentation of my visa application and I carried some evidence of ties to Canada (letter from work, lease agreement, etc). I never was asked for this at the border, but it happens.

as for when you enter the country, you have to apply for advance parole in order to travel once you enter. Otherwise your visa/green card application is abandoned. I got married april 1, applied for this on April 13 and received it at the end of June... so between the time I entered the country and activated my K-1 to when I received my approved advance parole card, I could not leave the country.

Hope that helps!

[nitsirk7562 82]

Hi there,

General rule of thumb is don't plan around any dates- wait until you have a visa in your hand until you put any concrete wedding plans. It could take you anywhere between 5-12 months to enter the US on a K-1 visa. Lately, yes, it's been pretty fast, but you never know what speed bumps you'll hit along the way.

You may visit during the application process. You may NOT travel back and forth once you enter the US using your K-1 visa. You must wait until you are issued AP (about 3 months).

Fees are here: http://travel.state.gov/content/visas/english/fees/fees-visa-services.html

[dalts 0]

Thank you for the very quick reply. I am finishing the petition, and will be sending it to my fiance to look over, sign, and mail. As I understand it now, the petition needs to be sent off and then I wait to hear from the NVC. Once I hear from them, I will then submit the application package? When I send the petition, I want to make sure I send the right amount. The current fee is $265 U.S. correct? Thanks again!

[Pitaya 2,576]

Good afternoon,

I apologize for another repetitive question being asked here, but I am trying to search on my phone and am having trouble finding exact answers for my questions. I will continue searching but thought I would make a first time post. I am looking to move to the U.S. with my fiance (U.S. citizen). I was wondering if you could tell me how long in advance before our wedding we should submit the application (wedding July 29, 2016, I am getting everything together now). Also, I am wondering, while the application has been submitted, am I allowed to enter and exit the U.S. to visit her from Canada (I believe I read that the answer is 'yes'? Lastly, when the application is approved, and I enter the U.S. and start that 90 days until I have to marry, am I also allow to leave the U.S. to go back home at any point, and then reenter? Thank you!

Welcome to the forum.

While this site can be accessed with a phone, it is best viewed/accessed on a PC or Mac.

Sadly, you are putting your wagon in front of your horse. I would suggest a philosophical change in your thoughts and actions, that will make your journey a little less stressful. This entire process is done according to the bureaucracies rules/regulations/timelines, not yours. One of the cardinal rules of this forum is to never make any non-changeable/non-returnable marriage plans without first having the visa in your passport, and the passport in your hand.

As far as the non-USC person is concerned about visiting during the visa adjudication process, please review the pinned thread at the top of this forum page, Yes, You Can Visit. With regards to you last question, after you marry in the US, you have to file for Adjustment of Status (AOS) as soon as possible. Concurrently with your AOS filing, you should also apply for the Employment Authorization Document (EAD) and Advance Parole (AP) combo card. You can leave the US at any time. However, to get back into the US, you must either have your EAD/AP combo card, or your Green Card (GC) in your possession, when you leave the US. To attempt to do otherwise, jeopardizes your AOS processing.

easily accessible at the top of the forum page. In particular, the K1 visa guide, the K1 visa flowchart, and the K1/K3 AOS guide:

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

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.

Edited September 17, 2015 by Pitaya

[dalts 0]

I apologize, I am very confused I am getting different answers in my research. Do I send the following package (see below) first to start the process?

Assembling the I-129F Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question '34.a' of the I-129F. Make sure to sign and date it. 5. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 6. Proof of having met in past two years. (click here for examples) 7. G-325A filled out by the US Citizen with their information, signed and dated (see example). 8. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 9. G-325A filled out by the foreign fiance with their information, signed and dated (see example). 10. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 11. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 14. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.

Another link says to just send the petition and payment for the petition, then the package later (see below). Which do i send first to start the process?

The International Marriage Broker Regulation Act of 2005 (IMBRA)

Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions.

The First Step: Filing the Petition

• You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. Further information is available on the USCIS website under Fiancé(e) Visas.Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
• After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.

The Second Step: Applying for a Visa

The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.

Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

[chiggins82 87]

The first list is what you need. Follow the guides, check lists and example forms on here. There are also PDF instructions of all the forms on USCIS website. They essentially tell you the same thing, but I found visa journey made more sense.

Generally if you miss something, they will just send you a request for it, but it will delay the application.

What might work better for you is to have you and your fiance assemble the package and then post on here a list of what you are sending if you want a double check from other users.

The I-129F feels so overwhelming, but if you just follow the guide and instructions, it is not as tough as it looks

[nitsirk7562 82]

This is a multi-step process. You're assembling your i-129f package (it's a lot of paperwork plus the fee). Then it goes to your local embassy and you have more steps. I'm not sure what package you're referring to.

You're not reading conflicting information from what you posted.

[dalts 0]

Thanks, I think I just got overwhelmed because I want to get it submitted. I will work through the guidelines and get everything together. Once everything is together I will post on here to verify!

There is a form that has a box for Alien Registration Number. Does that pertain to me yet?

If I have any questions I will ask if I can't find the answer first!

Thanks!

[nitsirk7562 82]

This process is overwhelming at first but it gets easier after research. Make sure to take your time and do it right, it'll hold up your case if you get an RFE (request for further info).

There are sample forms in the guides too- make sure to check those out! and yes you can leave A-Number blank.

Good luck

Thanks, I think I just got overwhelmed because I want to get it submitted. I will work through the guidelines and get everything together. Once everything is together I will post on here to verify!

There is a form that has a box for Alien Registration Number. Does that pertain to me yet?

If I have any questions I will ask if I can't find the answer first!

Thanks!

Edited September 17, 2015 by nitsirk7562

[Pennycat 880]

First, the US Citizen sends the I-129f, "petition for alien fiance" to USCIS. The foreign national cannot start this process. Getting approval from USCIS (part of the Department of Homeland Security) is what "unlocks" the foreign national's ability to apply for the K1 visa from the Department of State (represented abroad by embassies and consulates).

For the record, both of the sets of directions you put here say the same thing. Step one: I-129f to USCIS. Step two: K1 application to State.

Please note that as part of Step one, you must also submit one G-325a for each half of the couple and one "letter of intent" from each half of the couple. This is, and other things (such as copies of the USC's passport, and passport photos of you both) is explicitly stated on the "instructions for i-129f" provided by USCIS. (here: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf ). "Letters of intent" is Item 7b, a statement on how you met is 7c, G-325as are item 8a etc etc. If you're going to try to do this without an immigration attorney, you MUST get used to reading instructions. It is literally never as easy as downloading a form and filling it out. Usually, the instructions are longer than the form itself.

It also has the filing fee which is $340. The $265 is for the visa application. This is the petition to be able to apply for the visa. Heads up: it only gets more expensive from here. Applying for your permanent residency aka green card is $1070.

[Pitaya 2,576]

As I previously recommended, easily accessible at the top of this forum page.

You will see your Alien Registration number (AKA A#, Alien number,...) on your Form I-797, K1 visa petition acceptance letter (NOA2).

Another good place to review is the Example Forms link, also easily accessible at the top of this forum page, be sure to review and heed the Form I-129F instructions: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

Good luck on your immigration journey.

Edited September 17, 2015 by Pitaya

[chiggins82 87]

Thanks, I think I just got overwhelmed because I want to get it submitted. I will work through the guidelines and get everything together. Once everything is together I will post on here to verify!

There is a form that has a box for Alien Registration Number. Does that pertain to me yet?

If I have any questions I will ask if I can't find the answer first!

Thanks!

Absolutely, make a list of questions and send away. Generally, any question on an application is on here somewhere, but people are ready to answer if you post a specific question or just want to double check you did it correctly.

When we worked on the I-129F it was so difficult because we were not used to the language and were so scared of screwing it up.

Take the time to read the guides and have them handy while filling out the applications. Use the sample forms too. I found that very helpful.

Other posters are right that this is technically the USC's form and not yours.. but hey, I filled out a lot of mine (or directed my fiance on what to do)... I couldn't help myself

[dalts 0]

We have ordered 28 photographs of proof of our relationship. Do we both need to sign them or just one of us?