Can you begin the K-1 application while both still in the US?

[Dan & Elsie 1]

Hello,

My fiancee (US) and I (UK) want to begin our K-1 application as soon as possible as ideally we would like to be married in the US next February.

The issue regarding putting off the application is that I will be visiting the U.S. (under WVP) to spend three months with her and meet her family in July, and I don't want to risk being denied entry in July if there is a K-1 pending.

My question is, whether it is possible to apply for the K-1 once I have entered the US in July in order to save the first three months wait of applying once I return to the UK in October. This would still give a realistic timescale of having the K-1 granted for an entry and wedding in February (whereas waiting until my return to the UK in October would almost certainly not give enough time for it to be processed).

So to clarify the question... can we apply for the K-1 while we are both in the US, and if so, at what point in the process would I have to to be physically back in the UK to progress the application?

As a side note, would people recommend this to to be a better alternative to just filing for the K-1 now and then attempting a three-month stay in July while it is still processing?

Many Thanks.

[A'n'L 735]

My opinion (having entered twice during K1 processing), is that it is actually better to have a pending K1 than not. Last time the officer seemed very happy to learn that I had an interview date to return for.

That being said, entering for a full three months as a fiancé could be a little risky. Remember to bring any other proof you have of the need to return home.

Also, if you are set on a wedding in February, postponing the application to July might be risky in case processing time slows down or you get other complications along the way.

[C-ma'am 684]

Yes, you can definitely apply while you are both in the US.

As a suggestion, given that the timelines are not always accurate, do not make any wedding arrangements that may require deposits and such. USCIS does not care about money you may lose if anything gets delayed.

[Dan & Elsie 1]

Thanks guys, I really appreciate the advice.

I understand Celeste & C, and we wouldn't make any wedding arrangements until the K-1 was finalised.

So, as a side question, if we were to apply for the K-1 when I enter the US under the VWP, should we wait 'x' amount of days or can this be done straight away without any bearing on implications? And at what point in the process would I need to be back in the UK to move the process forward? (i.e. is there paperwork that I need to be in the UK to move forward or do I literally not need to be back in the UK until the interview date at the embassy? (which I pressure wouldn't be until after three months into the process anyway, in which case I would be back home in the UK anyway)?

Thanks again.

[Nich-Nick 3,354]

An opinion.....

Your chances of being allowed to visit in July are the same with or without a petition filed in my opinion. I personally do not think CBP knows you have a petition filed unless you tell them. I asked that of CBP at the airport point blank and the officer told me "No, It does not pop up on our computers." The fact that you are staying 90 days might indicate you have no strong ties to the UK so you could be questioned about how much money you have to fund such a long holiday, how you can leave your job so long, who is minding your property and paying your utility bills for three months while you are away. Oh, no job, property, credit card or bills to pay? Well you see how that would ring more bells in general. But people undergoing the fiancé visa process visit successfully all the time with no questions at all.

July is a little late to start if you want to be sure to have a visa by February.

Times for each step are so variable, but assume average with no mistakes or unforeseen hiccups.

Getting the petition approved, 2 months and climbing, so mid September (fingers crossed)

Getting sent to NVC, processed and on to London, 1 month, mid October.

Doing all the London part, then waiting for an interview, and visa/passport return, 3 months, so mid January.

But wait! It starts slowing down at the embassy from Thanksgiving on because all the Americans working there like to take vacation time and visit their folks in America. So not a full staff to push those visas through. Plus the embassy takes all UK and US holidays. So you have Thanksgiving, Christmas, Boxing Day, and New Year's Day to make additional little backlogs.

Any little hold ups or lengthening of processes on any steps might not leave you enough wiggle room to get there by February. It's just a "for example" because you absolutely can not predict with accuracy how long it will take. Of course not returning to the UK until October kinda throws you in that same timeframe of getting the London part done. You could prepare some things like going to get your immunizations and record of shots right now. Some people get held up because their surgery can't get them in for three weeks. You could study what is needed for your police certificate and order that before July. It's good for one year. Then when you return to the UK, you have already completed a couple of things people wait on before they can move to the next step...medical exam, etc.

Edited April 16, 2016 by Nich-Nick

[mallafri76 1,012]

CBP can't see that you're in the visa process until you submit the actual visa application. For you on the k-1, I think that's called a ds-160. Just make sure to bring strong ties to the UK, like rental/mortgage deed, letter from employer etc.

[yuna628 9,882]

Hello,

My fiancee (US) and I (UK) want to begin our K-1 application as soon as possible as ideally we would like to be married in the US next February.

The issue regarding putting off the application is that I will be visiting the U.S. (under WVP) to spend three months with her and meet her family in July, and I don't want to risk being denied entry in July if there is a K-1 pending.

My question is, whether it is possible to apply for the K-1 once I have entered the US in July in order to save the first three months wait of applying once I return to the UK in October. This would still give a realistic timescale of having the K-1 granted for an entry and wedding in February (whereas waiting until my return to the UK in October would almost certainly not give enough time for it to be processed).

So to clarify the question... can we apply for the K-1 while we are both in the US, and if so, at what point in the process would I have to to be physically back in the UK to progress the application?

As a side note, would people recommend this to to be a better alternative to just filing for the K-1 now and then attempting a three-month stay in July while it is still processing?

Many Thanks.

Hi there,

There is no problem with someone who has filed a K1 and is waiting approval visiting under the VWP, nor is there a problem with filing the K1 application while visiting either. Your likelihood of denial under the VWP while visiting your fiancé, is the same as any other time. The better question to be asking is: do I have proof of ties to return home to show the CBP if requested? I'd also strongly suggest not staying the max amount, but leaving yourself some wiggle room to return home. When do you need to return home? Well, within 90 days of course. Could a K1 petition that you file while visiting your fiancé be approved in that timeframe? It's possible but no one here can guarantee this. Your application will go to California Service Center (it will be routed from the lockbox), and they are typically fast with completion of a few weeks to a few months. That is a best case scenario of course. The guideline timeframe the USCIS aims for is 5-6 months, and sometimes this does happen at CSC. There used to be two service centers handling K1s - Texas which was very backlogged with a nearly 300+ day wait and California that would churn them out fast. Since early last year all new applications are being handled by California, so that's seen them slow down a little bit. When dealing with the federal government also discount any weekends and holidays - Nov - Dec should see slowdown.

Could you have everything done by Feb? Well, maybe.. but that's stretching it. Which is why they suggest never to make any plans, because anything can happen.

Thanks guys, I really appreciate the advice.

I understand Celeste & C, and we wouldn't make any wedding arrangements until the K-1 was finalised.

So, as a side question, if we were to apply for the K-1 when I enter the US under the VWP, should we wait 'x' amount of days or can this be done straight away without any bearing on implications? And at what point in the process would I need to be back in the UK to move the process forward? (i.e. is there paperwork that I need to be in the UK to move forward or do I literally not need to be back in the UK until the interview date at the embassy? (which I pressure wouldn't be until after three months into the process anyway, in which case I would be back home in the UK anyway)?

Thanks again.

You will need to be back in the UK any time after your petition has been approved by the USCIS and forwarded to the NVC and then to London - or again the most simple answer before your 90 day VWP is up. You will receive instruction letters at your UK address, and you will have forms to fill out, evidence to get from your USC fiancé (or you can obtain them ahead of time while visiting I suppose), your UK police certificate, you will also need to plan ahead in obtaining any medical information, vaccinations from your GP, and completing your medical in London, BEFORE your interview date is even known.

Also remember if you should for any reason manage to receive your visa in hand sooner than Feb, and you still want to have a wedding on that month - you have six months from the date of your medical appointment to use it.

Edited April 16, 2016 by yuna628

[Ortolan 381]

Murphy's Law (anything that can go wrong will go wrong) would indicate that sure, you can file in July, but it likely won't be approved by February. Is there any way you could come and meet her family earlier? Then you can file earlier, and that way the February date for your wedding might actually be a go.

After you get married, you'll have tons of time to get to know her family better, but a week-long meet-and-greet might be nice a tad earlier, to help you speed up the process.

Edited April 17, 2016 by Ortolan