Running Out of Time

[robburnsefc 0]

I don't think CSC would move the case forward, unfortunatelly USCIS specifically says on their web site

"we process fiancé(e) cases in the order we receive them.

We cannot pull a case out of order to accommodate wedding plans.

In addition, once we complete processing, the U.S. Consulate must

process your fiancé(e) for a visa; so factor this into your plans. "

(http://www.uscis.gov/files/article/A2.pdf)

On the bright side, January fillers are getting approved around this time, so hopefully your application won't take much longer. You can check the status updates on this thread http://www.visajourney.com/forums/index.php?showtopic=66059

Still the safe thing to do would be to change the wedding date, and whatever you do...don't get married before the visa is approved, because it could end up in dissaster, check out this case http://www.visajourney.com/news/2007/04/07/17/

Hope your application is approved soon, good luck!

Wow, that is bad. If the worst comes to the worst we have already discussed the possibility of further separation. The mistake seems to have been that she used her fiance visa after she married. I'm not sure if there is a way of cancelling the application but I suppose that would be the safest option.

Thanks for a kind reply. Some responses make you feel like a diamond thief who applied for a job in a jewellers......

[TimsDaisy 0]

If you didn't know, you didn't know. And I understand how people can be caught flat-footed about the real processing times. It's too bad you're now stuck in such a bad situation.

If you get legally married before the foreign fiance enters using the K1 visa, it will be void and using it would be illegal and could lead to the kind of situation that news article talks about (though that article has also been adopted by a lot of posters here as an example of things that it simply is NOT an example of).

Your two best options right now are to either postpone the wedding, or, if your fiance can travel to the US while the application is processing, proceed with the party plans but DO NOT APPLY FOR OR OBTAIN A MARRIAGE LICENSE AND DO NOT SIGN ANY LEGAL DOCUMENTS PERTAINING TO MARRIAGE. A wedding does not a legal marriage make.

That option, by the way, has nothing to do with what happened in that article. You simply must be mindful of not raising any red flags at the POE (either when coming in for the wedding party or coming in for real with the K1). Travel with ample proof of ties, plus copies of the I-129F petition, etc, to show that you're legit and mindful of US law. And then answer questions honestly at the POE - but only those questions asked (they seldom ask for your life story and you DO NOT need to volunteer it if they do not ask for it.)

Some feel this course of action is risky. Some feel it can be done safely. That's your decision to make. Do plenty of research first and make sure you protect yourselves.

[kitkat1 5]

Wow, that is bad. If the worst comes to the worst we have already discussed the possibility of further separation. The mistake seems to have been that she used her fiance visa after she married. I'm not sure if there is a way of cancelling the application but I suppose that would be the safest option.

Thanks for a kind reply. Some responses make you feel like a diamond thief who applied for a job in a jewellers......

rob, if you cancel your K1 application you will starting all over with a spousal visa.

It makes a whole lot more sense to postpone the wedding until you have the visa in hand.

p.s. some responses are from people who are shocked that you made the wedding plans without a visa in hand since the paperwork clearly indicates not to do this . . . you're in a bad spot, true, but USCIS doesn't have sympathy for poor planning.

[Nancy and Ramos 0]

I would have the wedding but not sign anything. Don't get a marriage licence. then when the visa came in go to the JP and make it legal. But thats just me. Sometimes we have to get very creative as things don;t always work out exactly the way we planned. I have found that out while going through the process myself.

Good luck on whatever you decide to do.

Nancy

Edited April 30, 2007 by Nancy and Ramos

[robburnsefc 0]

If you didn't know, you didn't know. And I understand how people can be caught flat-footed about the real processing times. It's too bad you're now stuck in such a bad situation.

If you get legally married before the foreign fiance enters using the K1 visa, it will be void and using it would be illegal and could lead to the kind of situation that news article talks about (though that article has also been adopted by a lot of posters here as an example of things that it simply is NOT an example of).

Your two best options right now are to either postpone the wedding, or, if your fiance can travel to the US while the application is processing, proceed with the party plans but DO NOT APPLY FOR OR OBTAIN A MARRIAGE LICENSE AND DO NOT SIGN ANY LEGAL DOCUMENTS PERTAINING TO MARRIAGE. A wedding does not a legal marriage make.

That option, by the way, has nothing to do with what happened in that article. You simply must be mindful of not raising any red flags at the POE (either when coming in for the wedding party or coming in for real with the K1). Travel with ample proof of ties, plus copies of the I-129F petition, etc, to show that you're legit and mindful of US law. And then answer questions honestly at the POE - but only those questions asked (they seldom ask for your life story and you DO NOT need to volunteer it if they do not ask for it.)

Some feel this course of action is risky. Some feel it can be done safely. That's your decision to make. Do plenty of research first and make sure you protect yourselves.

Thanks for that. Interesting idea. Sorry to sound dumb, but what sort of proof of ties do you suggest? I wont have a mortgage for much longer but I will have bank accounts and I can probably get a letter from work about my on-going contract and required notice. Not sure if the Catholic church will play the game of no marriage license but I could ask.

Its funny, but when I went out to see her (I am the UK side) last year for a few months I was grilled at POE in a side office in Dublin. The guy told me that visiting US girls was no way to live my life and I should make an honest committment to marriage. I felt like I was being counselled!!

If I have to endure the whole process again that is the worst case for us. It will be hard but at least the spouse process done properly can be similar in timescales. If I needed to should I cancel the K1 process? Is that possible?

SOrry for loads of questions.

[TimsDaisy 0]

Thanks for that. Interesting idea. Sorry to sound dumb, but what sort of proof of ties do you suggest? I wont have a mortgage for much longer but I will have bank accounts and I can probably get a letter from work about my on-going contract and required notice. Not sure if the Catholic church will play the game of no marriage license but I could ask.

Its funny, but when I went out to see her (I am the UK side) last year for a few months I was grilled at POE in a side office in Dublin. The guy told me that visiting US girls was no way to live my life and I should make an honest committment to marriage. I felt like I was being counselled!!

If I have to endure the whole process again that is the worst case for us. It will be hard but at least the spouse process done properly can be similar in timescales. If I needed to should I cancel the K1 process? Is that possible?

SOrry for loads of questions.

There's info on that ALL over the site! Search around Proof-of-ties is things like a letter from your employer saying "so and so is expected back at work on x date," your mortgage, bank statements showing solvency. The church may or may not cooperate if there's no marriage license. They may not, I'll say that now. But call and speak to the priest performing the ceremony and explain the situation and see what happens.

It IS legal to come here and proceed with the legal marriage, but you would have to return before the expiration of the I-94 given to you at your entry and you would re-petition through the K3/CR-1 process. That seems, to me anyway, to be a foolish plan, unless you enjoy being separated and don't care about waiting longer after restarting from scratch. It's always possible to cancel the process - you send a letter to USCIS saying you would like to withdraw the I-129F. I wouldn't do that yet, if I were you.

Just keep the legalities in mind (ie: a wedding isn't a legal marriage unless you sign a document; a legal marriage makes the K1 visa unusable; a K3 requires you to be married and to start the process from the very beginning, etc) and you'll be okay.

[jg_am 0]

Another reminder...just b/c you have an interview date doesn't mean you can book a date either. Wait until you have things sured up. My wife and I changed our unofficial date three times before she got the visa. The Montreal consulate even told us not to book a wedding until we had the visa. We did book the church, but since it was my church, they were flexible and we just went with what were open dates with them. We had a cater/photographer picked and just waited for the visa to book those dates.

[ramos96 1]

Please be VERY carefull in how you do this and portray it to the USCIS.

A wedding party depending on what state you do it in can be construed very easily to the point of where you may be consided a common law marriage, which would invalidate your K-1.

Any photos or discussion of a "wedding" or "wedding ceremony" by the beneficiary of the K-1, will cause them to have to answer some very serious questions and possibly invaildate the K-1. Im not saying to hide or be secretive, I'm just saying please consider the ramifications of what you are planning or about to do. I tend to err on the side of extreme caution especially considering how long this process takes.

I HAVE to agree with the others here and HIGHLY suggest changing your plans if possible, You can plan anything you want once you have the VISA in hand, until then you are at the mercy of the process.

Humbly,

Ramos

Edited April 30, 2007 by ramos96

[TimsDaisy 0]

Please be VERY carefull in how you do this and portray it to the USCIS.

A wedding party depending on what state you do it in can be construed very easily to the point of where you may be consided a common law marriage, which would invalidate your K-1.

Any photos or discussion of a "wedding" or "wedding ceremony" by the beneficiary of the K-1, will cause them to have to answer some very serious questions and possibly invaildate the K-1. Im not saying to hide or be secretive, I'm just saying please consider the ramifications of what you are planning or about to do. I tend to err on the side of extreme caution especially considering how long this process takes.

I HAVE to agree with the others here and HIGHLY suggest changing your plans if possible, You can plan anything you want once you have the VISA in hand, until then you are at the mercy of the process.

Humbly,

Ramos

There is no common law marriage any more and even if there were, it would NOT be determined by a wedding party (traditionally, it would've been determined by a loooong time living together as a husband and wife would). I'd love to know on what you base your assertions, Ramos.

As for discussions of "Weddings," etc - just don't be a moron and wear a gold band or carry a large, white leather album that says "our wedding" on top. You'll be fine. And don't get cute if someone says "are you married?" Don't answer "not legally," answer "NO," because that's the truth. I think with the exercise of some common sense, you'd be fine. Become a blubbering moron at the POE and you'll have a problem - but that can happen even with a K1 and no wedding party. It can happen to anyone anytime.

But if we focused on all the pitfalls alone here, I think a bunch of us would've given up long ago.

BE SMART.

Edited April 30, 2007 by TimsDaisy

[ramos96 1]

Please be VERY carefull in how you do this and portray it to the USCIS.

A wedding party depending on what state you do it in can be construed very easily to the point of where you may be consided a common law marriage, which would invalidate your K-1.

Any photos or discussion of a "wedding" or "wedding ceremony" by the beneficiary of the K-1, will cause them to have to answer some very serious questions and possibly invaildate the K-1. Im not saying to hide or be secretive, I'm just saying please consider the ramifications of what you are planning or about to do. I tend to err on the side of extreme caution especially considering how long this process takes.

I HAVE to agree with the others here and HIGHLY suggest changing your plans if possible, You can plan anything you want once you have the VISA in hand, until then you are at the mercy of the process.

Humbly,

Ramos

There is no common law marriage any more and even if there were, it would NOT be determined by a wedding party (traditionally, it would've been determined by a loooong time living together as a husband and wife would). I'd love to know on what you base your assertions, Ramos.

As for discussions of "Weddings," etc - just don't be a moron and wear a gold band or carry a large, white leather album that says "our wedding" on top. You'll be fine. And don't get cute if someone says "are you married?" Don't answer "not legally," answer "NO," because that's the truth. I think with the exercise of some common sense, you'd be fine. Become a blubbering moron at the POE and you'll have a problem - but that can happen even with a K1 and no wedding party. It can happen to anyone anytime.

But if we focused on all the pitfalls alone here, I think a bunch of us would've given up long ago.

BE SMART.

I base it off of the Common law here in Texas, I think most people would be quite surprised of how easy it is actually to be considered Common Law married, it was quite interesting reading when I was reading on how to do my divorce.

From http://www.co.travis.tx.us/dro/common_law.asp

Three elements must be present to form a common law marriage in Texas.

First, you must have "agreed to be married."

Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.

Third, you must have lived together in this state as husband and wife.

But I totally agree, be SMART

Humbly,

Ramos

Edited April 30, 2007 by ramos96

[TimsDaisy 0]

I base it off of the Common law here in Texas, I think most people would be quite surprised of how easy it is actually to be considered Common Law married, it was quite interesting reading when I was reading on how to do my divorce.

From http://www.co.travis.tx.us/dro/common_law.asp

Three elements must be present to form a common law marriage in Texas.

First, you must have "agreed to be married."

Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.

Third, you must have lived together in this state as husband and wife.

That site makes it seem relatively simple, but I'm betting the requirement that people hold themselves out as married requires a lot more time than introducing someone as your hubby at the next holiday dinner. Common law marriage is a tool for family court these days. It's a way for people to recover spousal support when they get left in the lurch after a LONG time together as husband and wife, or who get tricked into not legally marrying, yet agreeing to incur some kind of detriment based on a promise of getting supported just like if they were really married.

A POE officer would hardly be in a position to evaluate Texas common law and its many nuances. I really doubt it is THAT easy - no matter how plainly the website spells it out.

Either way, that goes for Texas, but for most other states, common law marriage is a myth (just like how much one gets at divorce in a community property state).

[KHagen 0]

UK - California K1 Application, NOA1 received 2/2/07. No further contact.

Well, it is coming up to 30 days now since NOA1.

I hope I pre-empted an RFE by submitting the correctly signed G325A for me with a covering letter marked with my receipt number and contact details.

HOWEVER - We have the wedding all arranged for the 28th July 2007 (booked it, packed it etc), and I really dont think now that it will all come through in time - it seems to me generally to take 90 days to the day for interviews etc which would put us inside of August.

SO - does anybody know if there is an effective way of contacting the consulate. Is it worth telling them this - I have evidence of all of the arrangements? Is there a chance of pulling forward the interview assuming all other things run smoothly?

Otherwise, would I have to leave the USA after the wedding and sit through another 6 months of isolation awaiting a spouses Visa?

Thanks for your help!

I know that from my NOA1 to NOa2 it took almost 100 days. So from a Feb date you are looking at the begining of May to get NOA2. Then it can take a month between the NVC to the Embassy. Which is putting you at the beginning of June. Time to assemble package 3 1 week and then maybe another 2 months for an interview at the Embassy. Which now puts you well in to August. I would try to change the dates. As for speeding up the process there really isn't any way to do this. Sorry.

Not sure what advice to give you but I am not sure how to speed up the process to make your date.

[Matt and Sarah 0]

I agree with everyone else, you will have to change it. My fiance is from the UK and we applied for first NOA back at the end of November. We received our first packet from the embassy in London about two weeks ago, and we are 5 months into it. My I-134 and supporting documentation is on it's way, she's scheduling her medical and sending her first round of paperwork back to the embassy. We aren't expecting to get an interview until mid-June! We actually pushed our wedding in Mexico off from late August until the end of the year! I don't want her having trouble getting back into the US with a travel waiver until or AOS comes through.

Edited May 1, 2007 by Matt and Sarah

[KarenCee 3]

I agree with everyone else, you will have to change it. My fiance is from the UK and we applied for first NOA back at the end of November. We received our first packet from the embassy in London about two weeks ago, and we are 5 months into it. My I-134 and supporting documentation is on it's way, she's scheduling her medical and sending her first round of paperwork back to the embassy. We aren't expecting to get an interview until mid-June! We actually pushed our wedding in Mexico off from late August until the end of the year! I don't want her having trouble getting back into the US with a travel waiver until or AOS comes through.

You do realise that you must marry in the US on a K1?

[TracyTN 237]

Good catch, Karen!