US military and visa process (merged threads)

[Ayla_b628 0]

I understand my SO would have to file for a K-1 visa on my behalf. What about my son? Does he file the k-2? Or do I at the same time? Or do I when I have my medical? I guess this is where I'm getting confused. Also do I bring my son with me when were granted to go.....marry within 90 days? Then we both have to have status adjustments. In that time what about my son being in school? Just trying to gain more knowledge and the best ways. Thank you in advance.

[Ayla_b628 0]

My SO and I are considering k-1 versus cr-1 cost is an issue with us I guess. Although we have it saved. Also I want to be able to work rather soon as I get into the country. I have a 4 year old son is be taking with me. Now I heard if my SO is active duty normally if we do cr-1 I'd have to wait in my country......since he's active service it waves that? Is this true. Also what about my son being in school? And what do I apply for him if I'm cr-1? Thank you I get so confused researching with a child involved.

[Pitaya 2,576]

Sounds like you could use a basic overview of the K1/K2 process. Take a look at this DOS site: http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

Good luck on your immigration journey.

[Ayla_b628 0]

Sounds like you could use a basic overview of the K1/K2 process. Take a look at this DOS site: http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

Good luck on your immigration journey.

I read over it. So he applies for k-1 for me (also states my child on there), I have to be accepted first and then once I am, I apply for k-2 for my son. Then we both can go over to America....same time? Then I marry within 90 days and I can do AOS for both of us same time, separate fees and paperwork? I got confused at my son coming with me at the same time.

[MarkerOne 4]

The petitioner have to list your child on I-129F...This is very important. Yes, after your Petition was approved, you can file for your k1 visa and your child k2 visa. DS-160 has to be completed for both of you. If the Visa is approved, you have the choice to bring your child with you same time or the child can follow you. If your child decide to come in a later date after the visa is given, remember the visa is good for up to 6 months only. If you decide to apply for k2 visa for your child in a later date, then he/she have up to one year to apply for it as long as they are under 21 years old.

Each one of you have to pay a fee for the application DS-160. If your child is under the age of 14 no need to be present at the interview, depending on the embassy. Still need Medical exam, Birth Certificate, passport might or might not be needed depending on the age, and the consent of the other parent to leave the country unless you have full custody.

[Pitaya 2,576]

I read over it. So he applies for k-1 for me (also states my child on there), I have to be accepted first and then once I am, I apply for k-2 for my son. Then we both can go over to America....same time? Correct. Then I marry within 90 days and I can do AOS for both of us same time, separate fees and paperwork?Correct. I got confused at my son coming with me at the same time. Easy to do, that's why i included the previous DOS link, it is a good overview of the process.

Yep, that is one way to look at it, if that works for you. Most folks just put the child's information as requested on the Form I-129F petition at the initial phase of the process. Then, during the embassy/consulate phase of the process, you apply for the K1 visa, he (you) applies for his K2 visa. If approved, he can travel to the US at the same time as you, or later as described in the provided link.

When the time comes for AOS for both of you, there are guides provided in the Guides section to help you with the necessary forms.

It is good to think ahead, but just take it one step at a time, the process can sometimes appear very daunting.

BTW, suggest that you edit your timeline and profile to read "K1" visa, not "K3" visa. It can be confusing to other people if you don't have it correct.

Good luck on your immigration journey.

Edited March 28, 2016 by Pitaya

[Ayla_b628 0]

The petitioner have to list your child on I-129F...This is very important. Yes, after your Petition was approved, you can file for your k1 visa and your child k2 visa. DS-160 has to be completed for both of you. If the Visa is approved, you have the choice to bring your child with you same time or the child can follow you. If your child decide to come in a later date after the visa is given, remember the visa is good for up to 6 months only. If you decide to apply for k2 visa for your child in a later date, then he/she have up to one year to apply for it as long as they are under 21 years old.

Each one of you have to pay a fee for the application DS-160. If your child is under the age of 14 no need to be present at the interview, depending on the embassy. Still need Medical exam, Birth Certificate, passport might or might not be needed depending on the age, and the consent of the other parent to leave the country unless you have full custody.

Please forgive me as I'm learning. The 1-129 is $340? Then once approved I apply for the ds-160? For me and my son? I couldn't find the pricing. Then once I'm over there with my son and I marry I'd apply for AOS for both of us? Which I can't find the pricing on either. I did see a comparison chart on this site and it said k-1 said and done is $1700? Is that true. Would it be right to assume another $1700 for my son? I can't seem to find the pricing. Would it be more money conscious to do cr-1 visa? Yes we could marry in Canada. What then would I be doing form wise for me AND my son? Length of time and pricing. Sorry it's just so confusing.

[Pitaya 2,576]

Please forgive me as I'm learning. The 1-129 is $340? Then once approved I apply for the ds-160? For me and my son? I couldn't find the pricing. See links below. Then once I'm over there with my son and I marry I'd apply for AOS for both of us? Which I can't find the pricing on either.See links below. I did see a comparison chart on this site and it said k-1 said and done is $1700? Is that true. Would it be right to assume another $1700 for my son? I can't seem to find the pricing. See links below. Would it be more money conscious to do cr-1 visa? Yes we could marry in Canada. What then would I be doing form wise for me AND my son? Length of time and pricing.See links below. Sorry it's just so confusing.

Like I previously said: It is good to think ahead, but just take it one step at a time, the process can sometimes appear very daunting.

For a comparison of the various visa processes, easily accessible at the top of the forum page. In particular, the visa comparison chart: http://www.visajourney.com/content/compare

Here are the links to the various fee schedules from USCIS and Dept. of State (DOS):

https://travel.state.gov/content/visas/en/fees/fees-visa-services.html

http://www.cpvisa.com/Fees_2010.pdf

This entire immigration process is not for the faint of heart, nor light of wallet.

Good luck on your immigration journey.

Edited March 28, 2016 by Pitaya

[Jjsabb 0]

Hello! Was in the same predicament...there was no waiver because of military status...not saying it's the same for everyone but in our case I had to leave my husband behind. We went the CR/IR route...glad we did.

[Ayla_b628 0]

Hello! Was in the same predicament...there was no waiver because of military status...not saying it's the same for everyone but in our case I had to leave my husband behind. We went the CR/IR route...glad we did.

Okay, I had read an article that there was. Just wanted to check it it's true. May I ask you questions regarding the CR-1 route? Like how long did you have to remain in your country? Could you travel? Or did he have to travel to you. Fees? (Roughly) I would assume I can also apply for my son same time. Tia

[NikLR 13,220]

My SO and I are considering k-1 versus cr-1 cost is an issue with us I guess. Although we have it saved. Also I want to be able to work rather soon as I get into the country. I have a 4 year old son is be taking with me. Now I heard if my SO is active duty normally if we do cr-1 I'd have to wait in my country......since he's active service it waves that? Is this true. Also what about my son being in school? And what do I apply for him if I'm cr-1? Thank you I get so confused researching with a child involved.

Nothing waives anything. You can visit during either process but you cannot live in the USA until you both have a visa. (You and your son.)

If working is important to you (you can also collect EI if you qualify) then go the CR1 route. Your SO would also apply for him as a step child with his own I-130 petition. So 2x I-130 petitions, fees, documents etc... to start the process. A child needs far less than a spouse for documentation.

An active duty military is allowed 100% of the poverty guidelines instead of 125% (I-864p).

K1 is shorter to visa, but longer to green card. Longer to work or travel. It's more expensive because you have to adjust status.

Keep in mind that with a minor child you will need full custody as decreed by a court, a death certificate, or a letter permitting the child to move from his other biological parent if that is not your SO.

K1 petition and visa costs:

$340 for I-129F

$265x2 for visa application

$1070 for your AOS, and $635 for son's AOS if done at the same time.

=$2575 not including medicals, travel, moving, or police certificate

CR1 petition and visas costs:

$420x 2 for I-130

$120 x1 for Affidavit of Support

$325x2 for IV visa application

$165x2 for green card

=$1940 not including medicals, travel, moving, or police certificate.

All interviews are now done in Montreal, QC.

[Jjsabb 0]

Ayla--sure you can ask me anything. First things first...the military system is way faster in getting you processed into its system so it gives you a false hope that the rest of your process will be just as easy. Second, military lawyers can not help much with visa cases because it's considered a civil matter--we decided to get an immigration attorney that was stateside so we did not have any issues --for us, we found out that they were a bit less expensive but our timeline went faster than getting an attorney in my husbands country (the ones in his country told us 2 year wait period). We started the process with goal of getting a K3 so he could leave by the time I had to move...however, DHS ultimately decides the type and most K3s turn to CR1s (we are already married)--which is what they changed ours to. We are at the tail end of our process, so fingers crossed he will be here in April. It took us 11months but we have less to do on the back end. Timelines honestly depends on each country AND how busy the USCIS (takes majority of timeline) and NVC are. The NVC and USCIS can take up to 60 days each for every step... You can also submit for expediting if you can prove that living separately has a huge tax on your ability to live or if there is some extreme extenuating circumstance (family separation is not one of them). For ours,it was a total of 9 months for reviews, approvals and receipts of letters (2 wks per snail mail)...we always had everything before hand but you have to wait to receive a letter telling you to take the next step via snail mail. Once NVC approves, your embassy appt will depend on how many people are applying and how often your embassy does interviews--in all my research I have seen anywhere from

30-90 days from NVC approval that people recieved their interview date. I definitely encourage researching your embasys timelines. With the CR, even though we had to wait, once he arrives he will get his green card in 2-3 months and we paid everything up front...total expenses for us (incl lawyer) was $3K (includes translation fees; we used an embassy approved translation company in his country so that it had all the bells and whistles and was already recognized by the embassy--it was also cheaper and made my lawyers job easy, which saved us $$ on the legal fees).

[NikLR 13,220]

A lawyer often is not needed for this process.

[Jjsabb 0]

Ayla--almost forgot...my husband was NOT allowed to visit. As a matter of fact, our embassy would not allow it and our attorney suggested against it to keep from muddying the processing waters...But this is dependent on each embassy...even though we had the proof to showcase a strong reason for his return, they advised us against it and even told us that if we continued with submitting for a visitor visa that they would say no. Even doing an ESTA, they said he would be flagged as being in the process of getting a visa at the Customs and Borders office at the airport and they would possibly deny his entry due to the fact that they can state that his ties to me are stronger than his ties back to his country. (it's what they said...not sure how accurate that is though). Our lawyer said that them denying a visitor visa would mean more admin processing on the back end so we abstained from applying. There was nothing stopping me from visiting however, so there was a balance. We decided to hold on visits until he arrived so that I could use all of my saved up leave to take off 30 days to help him get settled here. Positive spin---All in all the timelines are a good test of what it will be like if your husband is deployed for 6+ month--that's how we spun it and it has been a good test (it's even a good first transition for kids). If you have military friends who will still be there when he leaves, they will help take care of you and that softens the blow of being separated by a huge amount. I do advise getting with the legal office on base to make sure that if he leaves before your visas are approved that all things are in order within the military system to ensure that that you don't run into any issues without your sponsor (eg access medical care, etc).

[Jjsabb 0]

NLR--agreed... You can definitely do this without a lawyer but I am glad that I did...immigration attorneys have secondary access to your case info that you individually do not have, they can also petition your state governors office to help expedite your case...mine was also beneficial to anticipating what was needed next, which cut our prep time (and my stress) and was an added benefit to have as a secondary follow up to my case (I called too but my attorney always got more case info than I did). Had to live like a broke college student to balance visa/legal fees but it made my life a breeze and took away the stress of vague instructions and potential document kickbacks.