Jump to content
alexo

A few questions while K1 is pending

16 posts in this topic

Recommended Posts

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

Edited by alexo

Share this post


Link to post
Share on other sites

I'm confused here. It is my understanding that you are required to marry in the USA with a K1 visa. Also how can you "file" a marriage performed outside of the jurisdiction which you preside?

Or do you mean you are planning to throw a wedding party and then get legally married in the USA? Tread lightly as you don't want to get denied based on evidence that "looks" like a wedding.

Share this post


Link to post
Share on other sites

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

Welcome!

  1. What you're planning is called "front loading" the petition. There's merits and drawbacks to this approach. Generally, if you don't have any flags that you want to explain to them beforehand, then front loading isn't the best approach. From a slightly more technical level, the advantage of front loading is that any documents you provide to them with the petition or via RFEs prior to the NOA2 cannot be used as a reason for denial during the interview (since it has already been reviewed and petition approved). That said, the flip side is that any document you provide to them can also be used against you. It's your call on what you do, but I personally think trying to explain that you're having a wedding abroad but aren't getting married is just going to open a can of worms.

    Edit: And yes, any actual wedding would not be permitted. I assume you meant wedding ceremony...not an actual wedding.

  2. Sorry for not directly answering your question, but I want to bring up a more basic issue. Does she already have a visa issued? While your K1 is being processed, it's generally difficult to get approval for a non-immigrant visa. The concern is that they will enter the US with the intention of immigrating here anyway, or is otherwise visa shopping. If she already has a visa, there's still potential for her to have issues at the POE if they see a pending immigrant visa (again...the concern being is there's recorded immigrant intent). I'll defer to others here to provide more detail, but I just wanted to giver you a heads up that visiting the US while having a pending K1/K3/CR-1/IR-1 may present issues.
  3. It varies from embassy to embassy. Some permit the USC to be there and some do not. I don't believe it's a requirement for the USC to be there at any, though. What country is she coming from?
  4. I'm not too familiar with the DS-160, sorry. As for the I-134, generally this would be something for the interview, not submitted with the I-129f.

Good luck!

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Hi Alexo,

Points regarding your concerns:

1. NO kind of marriage can be performed before you apply for K1. K1 is a fiance visa, and if you're married you'll be required to file i130 not i129f. You may choose to keep the wedding hidden etc, but why create unnecessary stress? I suggest just do an engagement and then file for K1.

2. Beneficiary ( she) doesnt need to do anything when i129F is being filed by you. She just needs to give you a signed G325A and a signed letter of intent to marry. You also need all the supporting documents liek pics/letters etc to show as proof of relationship.

It is going to be difficult for her to visit on a B1/B2 if already K1 is filed. She may be denied entry at POE. Thats why many people who have filed for immigration visas do not plan on travelling on tourist visas to wait out the period as it might be looked at as a fraudulent entry.

Yes she needs to give he medical in Korea.

3. Yes only the beneficiary is required.

4. Beneficiary files DS160 after NOA2. Also, you need to provide her i134 and all other financial docs of support before she files for the interview.

All the best :)


09 Dec 2016 - i-129F Package Sent
12 Dec 2016 - Case Received
17 Dec 2016 - NOA - 1

20 Mar 2017 - NOA - 2 Approved! 

06 Apr 2017 - NVC Receive and Case Number # 

11 Apr 2017 - Case In Transit

13 Apr 2017 - Case 'Ready'

20 Apr 2017 - Medical Checkup Done

03 May 2017 - Visa Interview - Approved

17 May 2017 - Visa Ready for Pickup! 

12 June 2017 - Port of Entry

*************** AOS **************

02 Aug 2017 -  Case Received for I-485, AP and EAD

08 Aug 2017 - NOA-1

28 Aug 2017 - Biometrics Appointment

01 Nov 2017 - EAD 'New card is being produced'

03 Nov 2017 - Card is mailed

08 Nov 2017 - Combo Card receieved

 

Share this post


Link to post
Share on other sites

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

1) You may and should certainly send extra evidence of your relationship. However, DO NOT send any documents relating to your Korean wedding ceremony. In fact, you should postpone this ceremony until after you have been married in the US. As others have briefly mentioned, you must not pursue any kind of wedding ceremony (religious, traditional, non-legal - it does not matter) before she has entered the US on the K1 visa. Not only will her visa be denied, she may also be denied entry at POE if there are any evidences showing anything resembling the two of you getting married before she enters the US as a K1 fiancé.

2) She needs to do the medical in the country she will interview (Korea). She must also collect paperwork (birth certificate, police records, divorce decrees etc) to bring to the interview. This might take time, depending on the country. Be aware that the CSC is currently working faster than the official timelines (time from NOA1 to NOA2 appears to be 1-2 months atm).

3) Usually. Some countries allow (and suggest) that the petitioner is also present.

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

Share this post


Link to post
Share on other sites

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!

Just adding that the DS-160 can actually be filed at any time after NOA2 is received since you only need this receipt number and the DS-160 does not expire as long as the info on it is current.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Share this post


Link to post
Share on other sites

Welcome!

  1. What you're planning is called "front loading" the petition. There's merits and drawbacks to this approach. Generally, if you don't have any flags that you want to explain to them beforehand, then front loading isn't the best approach. From a slightly more technical level, the advantage of front loading is that any documents you provide to them with the petition or via RFEs prior to the NOA2 cannot be used as a reason for denial during the interview (since it has already been reviewed and petition approved). That said, the flip side is that any document you provide to them can also be used against you. It's your call on what you do, but I personally think trying to explain that you're having a wedding abroad but aren't getting married is just going to open a can of worms.

    Edit: And yes, any actual wedding would not be permitted. I assume you meant wedding ceremony...not an actual wedding.

  2. Sorry for not directly answering your question, but I want to bring up a more basic issue. Does she already have a visa issued? While your K1 is being processed, it's generally difficult to get approval for a non-immigrant visa. The concern is that they will enter the US with the intention of immigrating here anyway, or is otherwise visa shopping. If she already has a visa, there's still potential for her to have issues at the POE if they see a pending immigrant visa (again...the concern being is there's recorded immigrant intent). I'll defer to others here to provide more detail, but I just wanted to giver you a heads up that visiting the US while having a pending K1/K3/CR-1/IR-1 may present issues.
  3. It varies from embassy to embassy. Some permit the USC to be there and some do not. I don't believe it's a requirement for the USC to be there at any, though. What country is she coming from?
  4. I'm not too familiar with the DS-160, sorry. As for the I-134, generally this would be something for the interview, not submitted with the I-129f.

Good luck!

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

Share this post


Link to post
Share on other sites

1) You may and should certainly send extra evidence of your relationship. However, DO NOT send any documents relating to your Korean wedding ceremony. In fact, you should postpone this ceremony until after you have been married in the US. As others have briefly mentioned, you must not pursue any kind of wedding ceremony (religious, traditional, non-legal - it does not matter) before she has entered the US on the K1 visa. Not only will her visa be denied, she may also be denied entry at POE if there are any evidences showing anything resembling the two of you getting married before she enters the US as a K1 fiancé.

2) She needs to do the medical in the country she will interview (Korea). She must also collect paperwork (birth certificate, police records, divorce decrees etc) to bring to the interview. This might take time, depending on the country. Be aware that the CSC is currently working faster than the official timelines (time from NOA1 to NOA2 appears to be 1-2 months atm).

3) Usually. Some countries allow (and suggest) that the petitioner is also present.

4) The beneficiary files the DS160 after the embassy has receiced the case. The petitioner files the I134 and the beneficiary brings it to the interview.

Do some reading and good luck!

1.) :( .... Got it.

Thanks for the other info!

Share this post


Link to post
Share on other sites

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

  1. Right. I'm not familiar with SK's customs. If the ceremony is still generally viewed as a marriage (even if no formal marriage license is seeked), it will likely throw flags. That said, an engagement party is perfectly fine (and even required by some customs and they can deny the petition for not having one in an area where it's customary to have one). It's just that the appearance of anything related to a wedding will likely raise questions that can cause issues both now and with the AOS process later.
  2. Yes it does. You should be fine then, AFAIK. ESTA didn't even cross my my mind, but shouldn't be a problem.
  3. Thanks. Unfortunately, I don't have any info to provide on SK's embassy policies. You shouldn't be required to be there, but I don't know whether or not you are permitted to be there with her or not.
Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Do not submit any Korean wedding celebration evidence, even if it is not legally binding. You are risking a denial.

Do not do the Korean wedding until you can safely do so when she will be here and has her travel doc authorization.

Instead you can submit any wedding plans you have made here in the US. Venue, cake, catering etc or small reception

with family after a court wedding somewhere here. Don't make deposits for wedding plans before visa is in hand.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Share this post


Link to post
Share on other sites
  1. Right. I'm not familiar with SK's customs. If the ceremony is still generally viewed as a marriage (even if no formal marriage license is seeked), it will likely throw flags. That said, an engagement party is perfectly fine (and even required by some customs and they can deny the petition for not having one in an area where it's customary to have one). It's just that the appearance of anything related to a wedding will likely raise questions that can cause issues both now and with the AOS process later.
  2. Yes it does. You should be fine then, AFAIK. ESTA didn't even cross my my mind, but shouldn't be a problem.
  3. Thanks. Unfortunately, I don't have any info to provide on SK's embassy policies. You shouldn't be required to be there, but I don't know whether or not you are permitted to be there with her or not.

1. Would a non-legal wedding ceremony in Korea after the interview is passed and K1 in hand be ok? Or should the ceremony happen after AOS is completely done? We hoped the wedding ceremony should be in Korea because all my relatives, and her family, friends, and relatives are in Korea, while it's just me, my mom, and dad traveling to Korea for a ceremony. The other way around would be hugely inconvenient.

Edit after reading Ebunoluwa's post: i guess planning the wedding ceremony in Korea (actual marriage certificate before deputy auditor would be done in Washington State) would be best after the AOS is complete.

Edited by alexo

Share this post


Link to post
Share on other sites

Yes best to do it after AOS with AP issued. As others said, people have been denied visa's and such just for having even a photo of an 'engagement party' where the CO believed it to actually be a wedding instead. Avoid the hassle and postpone it now. Saves yourself a lot of stress.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

Share this post


Link to post
Share on other sites

Hi, I will soon submit the I-129F petition for Alien fiance. I just had a few questions.

1. I know that evidence needs to be sent to show that we met in the last two years. I want to include extra evidence to show this relationship is legit and not for fraud. So, I was wondering if it would be OK to send documents related to reserving a wedding hall for wedding ceremony (our wedding is in May 2017). The reason why I ask is because our wedding ceremony is in Korea, but the actual marriage will be filed in the United States. So even though we have a ceremony, we won't be actually married legally until she comes over using the K1 visa. I'm hoping the wedding abroad, but marriage in U.S. doesn't throw off the case manager.

2. While the K1 is pending, will she be required to do any paper work? If so, can it be done while she is visiting in the United States? We had an alternative plan for her to immigrate here, but decided to switch to the K1. Part of the old plan was her visiting the US in March, and then I would return with her to Korea in May for the wedding ceremony. My worry is that with the average time of 5 months processing (California service center), she is suddenly called for an interview before mid May, and she is still over here visiting, or she has to do paperwork that is required of her to stay in Korea. Does the medical exam for my fiance need to be done in Korea since she lives over there?

3. Is it only the beneficiary that is at the interview?

4. When should I file DS-160 (or is it beneficiary that files it?) and I-134?

Thank you.

You CAN NOT get married ANYWHERE and then bring her to the US on a K-1. DO NOT GET MARRIED prior to her arriving in the US!!!

Share this post


Link to post
Share on other sites

1. Correct. I meant wedding ceremony (non-legal marriage. Just a party). Not actually getting married. I guess I should find out whether weddings are legally binding in South Korea. Even if it isn't, I'll have to make sure it's OK with the K1. Don't really want to delay the wedding party, but I guess I have to if it comes down to it.

2. No visa for travel is necessary since she can come on a ESTA visa (visa waiver program). Does the ESTA make things easier?

3. She is coming from South Korea.

You can't have any party that looks even remotely like a wedding. People have been denied K-1 visa just for having what they call "An engagement party" in the homeland of the immigrant.

Share this post


Link to post
Share on other sites

Please use the search tool and you will see all kinds of prior posts on "Non legal wedding".

You can follow the guides and K1 flow chart to see the order of occurance

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

Embassy info states fiance is able to be present at interview. http://www.visajourney.com/consulates/index.php?ctry=South%20Korea&cty=Seoul

It helpful to list your country on your profile.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×