Insight on Work Authrorization-K1 Visa

[cdneh 3,112]

I think the guide was linked before but I'll link it again. http://www.visajourney.com/content/i130guide2

It's a huge stack of papers all at once and costs $1490 + a medical exam.

I'll reiterate. There is no need to separate your family when this option is available to you now. Your fiance/husband won't be able to leave the country without abandoning the process until he gets his temporary travel permission, called Advance Parole, just be aware. That should take about 90 days from when you file. Enjoy your family! I beg of you

This. Absolutely right.

[KayDeeCee 4,891]

I'd tread carefully. You have filed for a K1, haven't you? You have therefore shown immigration intent. Marrying now with a pending K1 could cause trouble.

Not worth it, imho - K1s are fast these days. You'll likely have your visa in 3 months anyway.

This is false. What trouble? Know of any cases where someone had filed for a K-1 and then ended up changing their minds, getting married, filing for AOS and then running into 'trouble'?

He entered without intent to stay, and was not questioned by the CBP officer upon entry about his intent. AND, none of that even matters because intent alone is not a reason to deny AOS.

OP> Harpa is dead on. It is legal. No need to separate now.

[Lemonslice 4,553]

If it's important for him to be able to travel in and out of the USA, please read on Advance parole + timeline to receive it.

[IcezMan_IcezLady 582]

So basically, OP has pending K-1 application while fiance came here on a visit.

Well, if your fiance wants to be able to fly back and forth until you guys are ready to live here, then go through the K-1 as planned. But if you decide to get married and adjust, your fiance wont be able to fly back for a while

[IcezMan_IcezLady 582]

Just because you have been through the process gives you no reason to come on here and be rude to me, nor does it make you an expert.

You know nothing about my situation, therefore you have no idea if I have reasons to expedite or not.

If you were reading this post, you would see that the getting married while he was here was suggested to me, I didn't make the suggestion. You would also see that I am in no rush, I simply asked a question looking for insight.

So while you sit behind your keyboard & think you are going to be rude to me with your "relax" responses, you can take your 'insight' elsewhere.

There is a way to address people and how you did it, is not the correct way.

Thank you & have a nice evening.

That poster wasn't rude. She/he stated a fact. Immigration process usually takes longer. And she or he gave you some facts. Has your expedite request been approved??

If you can't take differing opinions, then you can do it your own way, seems to be working.

You should feel lucky for the chance you have, thousands on this site are not that fortunate and the statistics on this site proves that. So if you don't like ppl's opinion, then don't ask. Everyone has the right to post on a thread on this site.

You don't like how someone responded but you sure know how to teach someone how to respond.

Anyway, Harpa gave you the best advice, that should be your route.

[MickeyB 15]

That poster wasn't rude. She/he stated a fact. Immigration process usually takes longer. And she or he gave you some facts. Has your expedite request been approved??

If you can't take differing opinions, then you can do it your own way, seems to be working.

You should feel lucky for the chance you have, thousands on this site are not that fortunate and the statistics on this site proves that. So if you don't like ppl's opinion, then don't ask. Everyone has the right to post on a thread on this site.

You don't like how someone responded but you sure know how to teach someone how to respond.

Anyway, Harpa gave you the best advice, that should be your route.

It's fine if the poster felt that we should stick to the K1. But there was no reason for the poster to tell me to 'relax' especially about advice someone suggested to me. Never once did I say that I was freaking out or rushing or anything of that matter.

You can stay facts without being rude. The poster telling me to relax & telling me that I probably have no reason to expedite was unnecessary, especially when that poster didn't even bother to ask.

I am thankful for the help, that's exactly why I asked, but just because people have the right to comment and offer advice, doesn't give them the right to try and belittle anyone.

[Pennycat 880]

It's fine if the poster felt that we should stick to the K1. But there was no reason for the poster to tell me to 'relax' especially about advice someone suggested to me. Never once did I say that I was freaking out or rushing or anything of that matter.

You can stay facts without being rude. The poster telling me to relax & telling me that I probably have no reason to expedite was unnecessary, especially when that poster didn't even bother to ask.

I am thankful for the help, that's exactly why I asked, but just because people have the right to comment and offer advice, doesn't give them the right to try and belittle anyone.

I think some things got a bit lost in translation/ hurried response. I think that the doubt for reason for expedite is only because so few people get them-- even with really serious reasons. And the relax... it's just a little weird to see someone who filed 2 months ago think that NOA2 should have arrived by now and that means there's a backlog-- because 2 months is so early in the process even by K1 standards and K1s are the fastest route available, so it just really strikes most people as odd (remember, the spouse visas are a ~12 month process).

But that's not your confusion, that's USCIS and their very poor communication (only made worse by recent changes in how they report their processing times). But otherwise, she's right. The standard time is supposed to be 5 months, but they're going much faster than that these days. It's just that things *used to* be even faster at CSC, that folks here think there's a backlog. The backlogs are when USCIS goes above their standard processing times (that's a whole other story/set of confusion based on how they've changed how they report their own processing times), and the last time there was one for I-129f was recently enough that there's still a lot of us around (we're still waiting on EAD). I got through I-129f stage in just under 6 months and was *ecstatic* about it-- the average was over 8.

All that said, yes, if he's in the country now and didn't lie about his intentions at the border, you can marry and adjust. Planning to do so and/or lying about it at the border is fraud. Changing one's mind is not. While it's possible they'll ask you what happened at some point in AOS, they can't hold it against you once you're married. It's a strange gray area loophole and can be a bit confusing.

I think that you will need to pay for EAD/AP during AOS from ESTA (it's free from a K1), and you'd lose your I-129f filing fee, but you probably make up that money in plane tickets alone.

[MickeyB 15]

I think some things got a bit lost in translation/ hurried response. I think that the doubt for reason for expedite is only because so few people get them-- even with really serious reasons. And the relax... it's just a little weird to see someone who filed 2 months ago think that NOA2 should have arrived by now and that means there's a backlog-- because 2 months is so early in the process even by K1 standards and K1s are the fastest route available, so it just really strikes most people as odd (remember, the spouse visas are a ~12 month process).

But that's not your confusion, that's USCIS and their very poor communication (only made worse by recent changes in how they report their processing times). But otherwise, she's right. The standard time is supposed to be 5 months, but they're going much faster than that these days. It's just that things *used to* be even faster at CSC, that folks here think there's a backlog. The backlogs are when USCIS goes above their standard processing times (that's a whole other story/set of confusion based on how they've changed how they report their own processing times), and the last time there was one for I-129f was recently enough that there's still a lot of us around (we're still waiting on EAD). I got through I-129f stage in just under 6 months and was *ecstatic* about it-- the average was over 8.

All that said, yes, if he's in the country now and didn't lie about his intentions at the border, you can marry and adjust. Planning to do so and/or lying about it at the border is fraud. Changing one's mind is not. While it's possible they'll ask you what happened at some point in AOS, they can't hold it against you once you're married. It's a strange gray area loophole and can be a bit confusing.

I think that you will need to pay for EAD/AP during AOS from ESTA (it's free from a K1), and you'd lose your I-129f filing fee, but you probably make up that money in plane tickets alone.

But doubting without asking is ignorant. People here expedite & get upset because they think everyone should have to wait just like they did. I've seen it over & over again on VJ.

Plus, I never once said that I expected to have my NOA2 yet. My response to the poster was by them implying that he would have the visa in hand in the next 2 months. If things were moving at the pace they were back in October/November then yes maybe, but things aren't. I've done plenty of research and read enough timelines to know. Maybe I shouldn't have used the word 'backlog' but it's still very petty for someone to be rude because something strikes them as odd.

Again, the relax was unwarranted and if people read the thread in its entirety, they would know that my post wasn't about rushing the process or even receiving an NOA2, I just wanted to make sure that we hadn't missed anything & there was something he could do now about work.

I truly do appreciate all the helpful advice to all those who had something to offer. We learned something we had no clue about and are going to be assessing the new advice to see what would be best for our situation.

I

[Pennycat 880]

But doubting without asking is ignorant. People here expedite & get upset because they think everyone should have to wait just like they did. I've seen it over & over again on VJ.

Plus, I never once said that I expected to have my NOA2 yet. My response to the poster was by them implying that he would have the visa in hand in the next 2 months. If things were moving at the pace they were back in October/November then yes maybe, but things aren't. I've done plenty of research and read enough timelines to know. Maybe I shouldn't have used the word 'backlog' but it's still very petty for someone to be rude because something strikes them as odd.

Again, the relax was unwarranted and if people read the thread in its entirety, they would know that my post wasn't about rushing the process or even receiving an NOA2, I just wanted to make sure that we hadn't missed anything & there was something he could do now about work.

I truly do appreciate all the helpful advice to all those who had something to offer. We learned something we had no clue about and are going to be assessing the new advice to see what would be best for our situation.

I

What expedites have you seen on VJ? I've been here for over a year and with the exception of the post-typhoon Philippines situation, I've never seen anyone expedited and I've seen some really, really sad situations. Seriously curious here. No harm in trying, of course (we did-- it was a medical issue). Just that USCIS is really really stingy with expedites, and they take a long time, relative to the K1 timeline. Expedites for spouse/ other family visas whose timelines can stretch into the dozens of years... yes. But for K1-- the fact that expediting takes a month or two, and these days you're through USCIS in under 3 months.... it may just not even be possible. But again, always worth the try if you've got an unusual situation. (Problem is what seems unusual to us, turns out is quite common).

I do think that the timeline thing is just a misunderstanding. You said "we filed our I-129f in the beginning of April but due to backlog, we haven't received an NOA2 yet." That does strongly imply that you'd normally expect it by now, but I can see how you might not have meant it that way. It's just really hard sometimes being on a forum where the emotions and stress run high (and the stakes are even higher) where language and expressions can be a barrier (as in literally not everyone speaking the same first language) and then the shortcomings of communicating over the internet. Complaints about things, especially timelines, can hit people funny. Especially when you are directly responsible for the timelines being so comparatively fast, when they weren't for you, and folks still complain. There's a lot of folks in that boat, and I see both sides very clearly. It's hard for everyone-- we all need to remember that.

Anyway-- yes, you've got a big decision on your hands. I would guess that you'll have NOA2 in 3 to 5 weeks but things seem to be dragging at NVC stage (personally I think that NVC has asked CSC to hold back shipping I-129fs to only X number per month because they were creating a backlog of other NVC petitions. No proof, just observation) and you'd have to check what London timelines look like. This could still be a preferable option (could) if your fiance has loose ends to tie up at home (pack all this things, sell a car, terminate a lease etc), and at this stage is probably cheaper overall in terms of fees (but not by much).

Otherwise, you marry and adjust but he'd be pretty stuck here until he gets AP (90 days from the time you file, and even if you got married *today*, it would still take you some time to get all the necessary paperwork together. Does he have his birth certificate, for example? He'd still need medicals here, and those are time, and money, too. Depending on if he's got any sort of legal issues in his past, he could need court papers/police certificates etc). AOS is not quite as straightforward as it can sound. So he'd be out of his country even longer than initially planned, and still unable to work here. Lots of factors in play.

[3rd 84]

I think that you will need to pay for EAD/AP during AOS from ESTA (it's free from a K1), and you'd lose your I-129f filing fee, but you probably make up that money in plane tickets alone.

Actually filing for the EAD (I-765) and AP (I-131) is free is concurrently filed with the I-485. You'll also need to file an I-130 if you do choose to marry and adjust.

We were in talks of filing a K-1 during my visit last year, and before I got home our circumstances changed and he wanted me to stay. I was also on the VWP, and we got our Green Card in March. Life happens, and you should hold onto them if it's convenient for your partner to be with you and not have to travel back and forth.

[Pennycat 880]

Actually filing for the EAD (I-765) and AP (I-131) is free is concurrently filed with the I-485. You'll also need to file an I-130 if you do choose to marry and adjust.

We were in talks of filing a K-1 during my visit last year, and before I got home our circumstances changed and he wanted me to stay. I was also on the VWP, and we got our Green Card in March. Life happens, and you should hold onto them if it's convenient for your partner to be with you and not have to travel back and forth.

Gotcha-- I couldn't remember if this was one of those K1 exceptions (like the medical stuff) or if it's for all concurrent filers-- that's a thought process we'd never gone through.

[boywonder 6]

I manage to successfully request expedited processing on EAD/AP/AOS - pls check out my post. Hope this helps.

Edited June 8, 2016 by boywonder

[KayDeeCee 4,891]

Adjustment from a K-1 has nothing to do with the fees for the I-765 and I-131 being waived when filed with a pending I-485. Any adjustment applicant gets those fees waived. It is stated on the page for downloading the I-485 and in the instructions for the I-765 and I-131.