Any success filing K-1 Independently?

[KHagen 0]

Hi

- I'm new to this forum but like the rest of you are struggling with K-1 (I-129f) application!! My fiance (who is American) and I (English) filed independenly in January of this year, but due to 2 internal administration errors at the Service Centre our case was untouched until late March.

I have been in the US on a B2 visa since Dec 06, but have to leave by July 1st. We, perhaps naively, believed we filed in good time (6 months!) but are not unsure if we will be able to go ahead with our planned Sept 22nd wedding. As I have used up my 'time slot' for 2007 on my B2 visa I will not be able to return to the US until I get the K1 visa from the consulate in London.

I was wondering if any of you had had any sucess filing without using an attorney/immigration lawyer!? I am now considering seeking legal help to push our case forward - it would be great to get some information or tips from anyone who has used a lawyer to help their case - Any information would be greatfully apreciated!!

Thanks in Advance

I think that all of us have been doing it independently. The only think that I would look at is to look at the VJ site for what to fill out because if you are filling the documents out by yourself you need to make sure that everything is filled out.

As for getting a lawyer to push it faster this is something that they can not do.

[KHURRAM SERAJ 0]

I used an Immigration lawyer referred to me by AILA (American Immigration Lawyers Association) for my N-400 (Citizenship) a year ago and it did not make a slight difference in the speed and I felt like I only paid to put a lawyers name on my application.

So when I applied for my wife's K3 I haven't used a lawyer and so far so good (Thank God)

[Arnold_and_Joan 0]

I think most everyone here DID NOT use a lawyer. I just followed all instructions here on VJ - check the guides they're easy to follow. Search for things you have question on in the forums. VJ is such a big help you don't need a lawyer. Just check my timeline below on our progress w/o the lawyer. A little over 3 months for approval then another 4 months to interview. Good Luck!!!

[pushbrk 12,174]

I am also concerned as I read that most K1's are filed when the fiance/ee is not actually in the US - also can anyone give me any information on the medical exam, further paperwork/forms & interview that is to be held at the consulate of your country?

thanks again

A "visa" is used to enter a Country. Regardless of the timing, you must return to the UK for an interview and visa issuance. You have zero chance of completing the visa process by June. You might consider a wedding ceremony without the legalities, in June and then make your marriage legal after you return to the US with the K1 visa.

You will not be issued a K1 visa if you actually marry in the US beforehand and you MUST marry in the USA or not at all, if you are issued a K1 visa.

I don't think your delays would have been avoided by using an attorney. Usually the attorney causes the delays. Now is the time to read the guides and educate yourself on all the steps left in your process, so you will be prepared to take the needed actions.

[keribee 0]

Thanks for the further thoughts and info. I understood I would have to return to the UK this Summer, just assumed (albeit naively) that I would only need to be in the UK for 2-4 weeks & then be able to re-enter the US in time for our wedding in late September.

As for the PO BOX issue, we have no choice - living in a mountain town in Colorado that is the only system for receiving USPS mail, all other items have to be sent UPS or FEDEX. We called USCIS this morning to verify this is OK to receive mail at the PO address and they said it was fine.

Please could you explain more about having a wedding ceremony without legalities - kind of like a commitment ceremony? We were wondering about a vegas wedding as a last minute resort, but I have read if you get married in the US on a tourist visa you can be deported by homeland security when applying to change the status. Also I have friends and family who have booked flights and time off work to come out in September for the wedding.

Our biggest concern is that I won't get the K1 visa in time to return for our planned Sept 22nd wedding date. Do you think if our case began on 19th March that I might be able to get everything in order by Sept 20th? It works out at 6 months to the day almost.... I'm hoping for a miracle!

[TimsDaisy 0]

a non legal ceremony simply means DON'T SIGN ANYTHING. A dress, cake, music, dance, champagne, friends, minister, whatever, does NOT make a legal marriage. Legally operative documents do. Like a marriage license or marriage certificate. So don't sign anything and don't get a license first.

I can't really remember the whole of this thread right now - but, if you're HERE now and you didn't enter to get married, why aren't you getting married and just adjusting status? Why are you doing a K1 at all?

Edited April 23, 2007 by TimsDaisy

[Jasman0717 8]

I followed the guide here on VJ and we received the visa in a little over four months.

[TimsDaisy 0]

I would highly doubt that, at the rate things are going, you'll make your Sept 22 wedding. If you haven't already, I wouldn't pay deposits on things.

From what you have said though, i'm still not sure why you aren't hauling your buns to the nearest justice-of-the-peace to get legally married and then proceeding with AOS.

Did you enter the country with the intention of marrying? Doesn't sound like it. And the K1 was filed after you were here, which implies no intention. And did you come here BEFORE you met or BECAUSE you met (like online, etc). Surf around here more about whether you can withdraw your I-129F and just get married and go through the process that way.

It is NOT per se illegal to do it that way at all. We need some more details to get you better thoughts, though.

[payxibka 10,044]

I followed the guide here on VJ and we received the visa in a little over four months.

Considering your I-129F was approved in 15 days. Add the addtional 75-90 days to transit CSC today, then the time frame might be more realistically 6-7 months.

[keribee 0]

I would highly doubt that, at the rate things are going, you'll make your Sept 22 wedding. If you haven't already, I wouldn't pay deposits on things.

From what you have said though, i'm still not sure why you aren't hauling your buns to the nearest justice-of-the-peace to get legally married and then proceeding with AOS.

Did you enter the country with the intention of marrying? Doesn't sound like it. And the K1 was filed after you were here, which implies no intention. And did you come here BEFORE you met or BECAUSE you met (like online, etc). Surf around here more about whether you can withdraw your I-129F and just get married and go through the process that way.

It is NOT per se illegal to do it that way at all. We need some more details to get you better thoughts, though.

Sorry if I have been vague with background details:

I met my fiance last February while traveling home to the UK from New Zealand - I had a B2 visa issued to me at the US Consualate in Auckland so I could spend time in Mexico & Hawaii before hitting the US mainland to visit friends in California & Colorado last year. We spent a month together then I had to head back to the UK to sort out some family matters in March.

After spending 4 months apart I returned to Colorado last june for 3 months so we could be together & develop the relationship further - obviously very much in love we discussed getting married & had a fantastic summer. I left in September & spent 2.5 months in the UK, then came back to the US again in December on the B2 visa (carefully working out how many days I had left for 2006).

My fiance proposed to me on Christmas eve and we filed the forms in January in the hope that we could get all the necessary papers sorted before I had to leave in July. We penciled in a Sept 22nd wedding as we both believed that would allow enough time (8 months from filing date)

I always knew I would have to return to the UK, just hoped I could take care of the Consulate Visit in London & Medical Exam during the Summer, get the K1 in my passport and head back to the US by mid August.

I didn't know that most cases are filed when the fiance/ee is out of the country. From what I have read if we got married now (while I am in the US on a B2 tourist Visa) it can cause complications later when we apply to adjust the conditions of my 'status' - I could be deported and not allowed back in.

I'm not sure what AOS means? Alteration of Status? Are you saying we could legally get married while I am here right now, then apply to AOS?

Thanks for any info - it would be great to have a back-up plan!

kb

[Beauty for Ashes 257]

Hi

- I'm new to this forum but like the rest of you are struggling with K-1 (I-129f) application!! My fiance (who is American) and I (English) filed independenly in January of this year, but due to 2 internal administration errors at the Service Centre our case was untouched until late March.

I have been in the US on a B2 visa since Dec 06, but have to leave by July 1st. We, perhaps naively, believed we filed in good time (6 months!) but are not unsure if we will be able to go ahead with our planned Sept 22nd wedding. As I have used up my 'time slot' for 2007 on my B2 visa I will not be able to return to the US until I get the K1 visa from the consulate in London.

I was wondering if any of you had had any sucess filing without using an attorney/immigration lawyer!? I am now considering seeking legal help to push our case forward - it would be great to get some information or tips from anyone who has used a lawyer to help their case - Any information would be greatfully apreciated!!

Thanks in Advance

I kind of wish I would have used a lawyer cause I did things by myself and dont know if I did them right enough . I have been touched a couple of times in the last 3 days and I dont know if they are good touches or bad touches... I think if I had a lawyer, I would feel alot better right now.. I am bumming with no one to call or check up on things for me. I asked an attorney how much he would charge me to start helping me now and he wanted 1400 dollars. I had a waiver to fill out and I am being told the waiver itself would be 2000 extra so to get an attorney to do my waiver and to do all the things I need would be almost 3500 and I dont know if it would have mattered or not in the end judging from the stuff that I am seeing on here.. Dont know.. I like attorneys... I like to use them whenever possible . I just do not have 3500 lying around to retain one

[pushbrk 12,174]

I didn't know that most cases are filed when the fiance/ee is out of the country. From what I have read if we got married now (while I am in the US on a B2 tourist Visa) it can cause complications later when we apply to adjust the conditions of my 'status' - I could be deported and not allowed back in.

I'm not sure what AOS means? Alteration of Status? Are you saying we could legally get married while I am here right now, then apply to AOS?

Thanks for any info - it would be great to have a back-up plan!

kb

Unfortunately, you misunderstood what you read or it was wrong. As long as you didn't enter the US on a B2 visa with the intention of getting married, you are within the law. Since your marriage decision came after entry, you are allowed to simply stay, get married and "Adjust Status". You don't have to leave at all.

That said, if you wait in the USA until September to get married, you will have overstayed your visa. This is not generally a problem when you marry a USC. The complication would be you leaving between now and then and then returning. Your return on a B2 in time for your wedding would be visa fraud because you WOULD be entering with the intention of marriage.

Any backup plan would be to marry sooner and file to adjust status immediately. The process would take several months, during which it may be complicated for you to travel back and forth.

[keribee 0]

I didn't know that most cases are filed when the fiance/ee is out of the country. From what I have read if we got married now (while I am in the US on a B2 tourist Visa) it can cause complications later when we apply to adjust the conditions of my 'status' - I could be deported and not allowed back in.

I'm not sure what AOS means? Alteration of Status? Are you saying we could legally get married while I am here right now, then apply to AOS?

Thanks for any info - it would be great to have a back-up plan!

kb

Unfortunately, you misunderstood what you read or it was wrong. As long as you didn't enter the US on a B2 visa with the intention of getting married, you are within the law. Since your marriage decision came after entry, you are allowed to simply stay, get married and "Adjust Status". You don't have to leave at all.

That said, if you wait in the USA until September to get married, you will have overstayed your visa. This is not generally a problem when you marry a USC. The complication would be you leaving between now and then and then returning. Your return on a B2 in time for your wedding would be visa fraud because you WOULD be entering with the intention of marriage.

Any backup plan would be to marry sooner and file to adjust status immediately. The process would take several months, during which it may be complicated for you to travel back and forth.

Wow - had no idea!! But thank you so much for the insight, right now it looks like our best option!!!!!!! I know if I leave in July they won't let me back into the US on my B2 Visa, and I doubt I would be able to enter on the 90 VWP you automatically get as UK citizen. My biggest fear is leaving and then being 'stuck' in the UK!!!! Looks like a summer wedding then Again thank you so much for all the info - wish I had found this site 6 months ago!!!

[TimsDaisy 0]

keribee, based on the info you've provided here (and my own experience) - if you can stay in the US for awhile, I would really recommend you get (legally) married right now and start the AOS process. Withdraw the K1 (search the threads here, there's info on how to do that, just a letter, simple), get married, and adjust status. You can still have your sept 22 wedding (you'll just be legally married, but the wedding part is in the mind of the couple, we have to be kind of more liberal in our definitions around here).

More than most people who ask similar questions here, it seems like you entered with no intention (no premeditation of marriage). You should be fine with AOS (many couples here have done it, search and find them and send them PMs to ask more detailed questions).

Good luck.

[meauxna 15]

find them and send them PMs to ask more detailed questions

My two cents' worth: It's not a good idea to PM members to ask them how to questions, expecially when you don't know what the correct answer is to begin with.

Posting on the boards does 2 things:

Offers some protection against incorrect answers because anyone can read/correct them

Helps other coming along after you (purpose of the site) by relating personal experiences where everyone can benefit from them.