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Rukio

K-1 Visa Who is the Petitioner and other questions

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19 minutes ago, Rukio said:

I'm honestly not even sure what AOS stands for. So the initial fee is 535 US, Then about 50$ to simply get married. 

I have to, within the 90 days, put out 1225$ USD for... AOS?

 

I'm currently out of the house. Any chance I could ask you for a bit of information? 

 

AOS = i485

 

What does the Advanced of Parole do for her? You mentioned it allows her to leave. So she can't go back home with just a K-1 visa? - Advance Parole (AP) should be filed when filing for the Adjustments of Status (AOS) and Employment Authorization Documentation/ Card which will allow her to work. K1 visa is only good for one entry into the US, after that, she cannot leave to go back home until she gets her AP or AOS because if she does, she will not be allowed back into the US. AP, and Employment Card can take 3-5 months to get. The 2 year Green Card can take 6-8 months and can take longer depending on how busy your local field office is and that also will require another interview involving you and your fiance. 

 

The Green Card we have to file for immediately after marriage? I'm assuming there is fees for that aswell? Or is that the 1225 fee? - Yes

 

I will be reading the guide when I get home. Just trying to make sure I have a grasp on this. 

 

 

What I need to know:

 

The K-1 visa is getting completed very shortly. That'll take 3-6 months. (535 USD) - From beginning to end is averaging 5-6 months but can take longer. The fee is $535.00. But again, keep in mind that your fiance will have to pay for a medical exam in her country and vaccinations based on the US Surgeon requirement. If she doesn't have all the required vaccinations, she will have to pay extra for them. You or she has to pay $265.00 to file for the K1 visa after USCIS approves the petition. Plus, you will have other things to pay for during the process.

 

When approved, I have 3 months to get married. (50ish USD). - You have to get married within 90 days from when your fiance arrives in the US.

 

Within the period of the 3 months, I have to atleast file for her Green Card (AOS?) which takes 3-4 months? (1225 USD) - Please see the answer above. 

 

Then I need to do the advanced parole which gives her the ability to go back and see her parents and such? (?? USD) and however long time frame. - Please see the answer above. 

 

After 2 years, file to remove Greencard status so she can become a US Citizen. Which is a ??? Fee. - Yes its another fee.

Before you send in your forms, again, please thoroughly research this process because while we can give you the answers, you need to understand the details of the entire process from beginning to the very end. 

 

All we can do is give advice, it's on you to listen and follow it.

ROC Filing:

4/21/2021 - Sent ROC Package via FedEx

4/22/2021 - FedEx package delivered and signed

5/11/2021 - Check cashed

5/14/2021 - Received NOA1 via mail (NOA1 date: 5/8/2021)

6/9/2021 -  Biometrics waived - Case updated to Fingerprints taken

 

 

 

 

 

 

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42 minutes ago, Estibaliz said:

Yeah, this is a lot of information indeed. AOS stands for Adjustment Of Status, that is, as you said, to get her the Green Card. If you fill in the Advance of Parole (allows her to travel abroad before getting the Green Card) and the EAD (Employment Authorization) at the same time that AOS, then you don't need to pay a fee for those. What takes 3-4 months are those two things, because they are pretty necessary for daily life (work and travel), but the Green Card itself takes longer.

All that is good information to have and keep in mind for future reference, but you better focus on the K1 for now. And mind you the cost of the K1, as @Trinab80said, includes also the medical (varies by country, mine is around $325) and visa fee ($265), plus trips, photocopies, translations, mailing and whatnot.

 

Also, K1 process is taking 6 months if you get very lucky. 7-8 can be more realistic right now.

 

Don't turn yourself crazy, go step by step :)

She is in Canada. Her health stuff should be free. How do I bring the price down from 535 if she's going to be getting it done for free? I'm just donating money

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3 minutes ago, Rukio said:

She is in Canada. Her health stuff should be free. How do I bring the price down from 535 if she's going to be getting it done for free? I'm just donating money

The $535.00 is the filing fee for the K1 fiance visa petition.There's no changing that.

 

Even if her healthcare is free and she is current with her immunizations, she will have to get a medical exam from medical clinic/center based on the US approved physician's list.

 

I strongly advise you to please review and read all the K1 visa guides on this website, also on the USCIS website, the travel.state.gov website, read over your fiance's country portal on this website, etc. All the questions you're asking have been asked and answered several times before and it's best that you do the legwork and read up on the process so that you can understand what you're getting yourself into.

ROC Filing:

4/21/2021 - Sent ROC Package via FedEx

4/22/2021 - FedEx package delivered and signed

5/11/2021 - Check cashed

5/14/2021 - Received NOA1 via mail (NOA1 date: 5/8/2021)

6/9/2021 -  Biometrics waived - Case updated to Fingerprints taken

 

 

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Agree with Trinab80 above, you are clearly confused about this whole process. Before you get all bogged down in the details take a step back and make sure you understand how the whole process works. Study the guides on here first and then search for and ask specific questions.

 

Here are the major steps to get you oriented, you will need to do the leg work to understand all of the fees (some have already been provided in this thread) and other details:

 

Getting the K-1 visa:

You will file the I-129F (petition) to show that you are eligible for the K-1 visa. This is filed with USCIS in the US. Once the I-129 is approved it is sent to the NVC (national visa center) where they will assign a case number and then forward it to the US Embassy/Consulate in Canada. The consulate will then work with your fiance to apply for the K-1 visa. She will have to complete a medical exam, which must be completed by one of a select set of facilities and has nothing to do with the healthcare system in Canada. She will then have her visa interview and if approved they will place the K-1 visa in her passport. You will need to pay the initial fee for the I-129F (petition) and then your fiance will have additional fees later for the visa application and medical exam, etc. You can't negotiate/reduce these fees (apart from making sure she has already had the required vaccinations before she goes to her medical exam). Your fiance can enter the US while you are waiting for USCIS approval of the petition, etc. but she should be prepared to prove to the customs inspectors that she has ties and will return to Canada, as mentioned before she should not overstay her approved time (I assume she would actually be entering under the reciprocity agreements, not an actual tourist visa).

 

Entering the US and marriage:

Before the K-1 visa expires (expiration date is set based on approval date and the date of the medical exam) your fiance must enter the US. The K-1 is a single entry visa, so she can't leave the US until she either has an approved advanced parole (AP) or her adjustment of status (AOS, I-485) is complete and she has received her green card. After entering you have 90 days to marry, you must marry in that 90 days if you actually marry on Day 91 after entering the US it will cause you a lot of headaches. Once you have your marriage certificate then you can file for the adjustment of status (AOS), which is the process for obtaining the green card. When you apply for AOS you should also apply for advance parole (AP) and work authorization (EAD), these are approved much faster than the AOS. When you file for AP and EAD along with the AOS then they will not incur any additional fees other than the AOS fee. If your fiance leaves before either the AP or AOS are complete then she will not be able to reenter the country and they will treat her AOS application as being abandoned. If she does not have the approved EAD then she can not work until her green card is granted (AOS is complete). Once the AOS is approved she will receive a conditional green card.

 

Removing conditions (I-751):

The conditional green card is only valid for 2 years. 90 days before the conditional green card expires she will need to file for removal of conditions (ROC). Once the ROC is approved she will be granted a permanent green card that is valid for 10 years.

 

Citizenship (N400):

90 days before the 3rd anniversary of receiving her conditional green card she will become eligible to apply for citizenship.

 

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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