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rsatousathedream

K1 VISA Application & Residency

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Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency?
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?)
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? 
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest?
5. How long can I expect to wait for the K-1 VISA?
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection?

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

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K1 is a fastest way to be together. It's on average, about a 6-mo process till interview. Once you enter the US on K1, you have 90 days to marry. Plan to file for Adjustment of Status (and EAD+AP) for employment and international travel. AOS from K1s for bonafide marriages are rarely rejected. 

Your USC fiance would have to show continuous income to support you once married. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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27 minutes ago, rsatousathedream said:

Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency? Overall it is the quickest way compared to CR-1.
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?) Could work..the university supplying the specifics would be good.. and other income is she paying taxes on? It could be used but also do not want to say shes making money if shes not declaring it annually. Also maybe she could have a co-sponsor lined up just incase? 
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? Probably best.
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest? Shouldn't have any impact...
5. How long can I expect to wait for the K-1 VISA? Overall process from filing the petition to your potential interview and point of entry once approved could be anywhere from 5-8 months... depends on if everything goes smoothly and no delays.
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection? If they send an RFE, then you can recitify the problem.... if denied, then you lose the filing money....

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

 


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    

 

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August, which year?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 minutes ago, rsatousathedream said:

August this year

Ohh

 

Good Luck!


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from IR-1/CR-1 Process & Procedures to K1 Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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4 hours ago, rsatousathedream said:

Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency?
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?)
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? 
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest?
5. How long can I expect to wait for the K-1 VISA?
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection?

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

I wouldn't make any concrete wedding plans at this point.  Unless you're very quick, I'd aim for September-November.  Best of luck.

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While you may not choose this, I would personally wait to buy a house when I was in the states.

If I was buying a house for the family I just created by getting married, I'd want them to be involved in the process as well. I don't know how ya'll could really be involved in buying a house other than her checking properties out and you seeing them online.

Also it's helpful to note that not all K-1 visas are approved, even for people who think it'll be a smooth ride. You may not want to buy a house before getting the K-1. 


 


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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