I-129F Application form, Expiry date.

[SBUK 0]

Good afternoon all, just a quick question. My fiancé and I are ready to begin our K1 Application process, we have all of the supporting evidence we need to attach to the application form. However, I've downloaded multiple application forms and each of them say that the date of expiry is 08/31/2018, is this an issue? What else can I try to get a recent date? 

 

Thanks in advance for your help!
Stewart

[debbiedoo 2,339]

its fine.

 

there has not been a new one issued

[JFH 12,189]

Are you both still living in the U.K.? If so you are absolutely crazy to be doing the K-1. Get married and file a spouse visa through DCF. Much faster, much cheaper and huge benefits such as being a green card holder immediately upon arrival. 

 

I can’t see any advantage to the K-1 for U.K. folks these days (it used to be a lot faster than a spousal visa but even that’s not the case anymore) but even less so when the couple lives together. Why subject yourself to several months having no real status, not being able to work or travel out of the country, in some states not even being able to drive, when you have the easiest path of all?

[SBUK 0]

Just now, JFH said:

Are you both still living in the U.K.? If so you are absolutely crazy to be doing the K-1. Get married and file a spouse visa through DCF. Much faster, much cheaper and huge benefits such as being a green card holder immediately upon arrival. 

 

I can’t see any advantage to the K-1 for U.K. folks these days (it used to be a lot faster than a spousal visa but even that’s not the case anymore) but even less so when the couple lives together. Why subject yourself to several months having no real status, not being able to work or travel out of the country, in some states not even being able to drive, when you have the easiest path of all?

 Yes we're both still living in The U.K, however, I think our problem lies with the fact that my fiancé is in The U.K on a student visa, so even though she is a resident now, its temporary as it expires next October. If I'm wrong, please tell me! lol 

[TM92 527]

2 minutes ago, SBUK said:

she is a resident now, its temporary as it expires next October.

With DCF the CR-1 can very likely be done before October. DCF info: https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office "Form I-130, Petition for Alien Relative" tab

[SBUK 0]

1 minute ago, TM92 said:

With DCF the CR-1 can very likely be done before October. DCF info: https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office "Form I-130, Petition for Alien Relative" tab

We're getting married in September. I've not really given the DCF any time or though as I did a bit of reading into it a little while ago and thought that my partners residency wasn't valid to obtain that kind of visa. Could you elaborate what kind of Visa it is and how and why I should be able to obtain one?

Thanks in advance. 

[TM92 527]

13 minutes ago, SBUK said:

Could you elaborate what kind of Visa it is and how and why I should be able to obtain one?

DCF, or Direct Consular Filing, is not a visa. It's filing the I-130 petition directly with the USCIS London office, thus avoiding the way slower US-based USCIS offices everyone else has to go through. DCF is not an option for K-1. DCF is the best option for CR-1.

13 minutes ago, SBUK said:

We're getting married in September.

If your goal is a US marriage, a K-1 is not needed if you qualify for the Visa Waiver Program. You visit the US with VWP, then you marry. Then you leave the US and wait for the CR-1 visa:

 

Edited November 25, 2018 by TM92

[JFH 12,189]

30 minutes ago, SBUK said:

 Yes we're both still living in The U.K, however, I think our problem lies with the fact that my fiancé is in The U.K on a student visa, so even though she is a resident now, its temporary as it expires next October. If I'm wrong, please tell me! lol 

A student visa is acceptable for DCF. She doesn’t even have to remain in the U.K. for the duration. She just needs to be living in the U.K. when you file. 

 

If you’re wanting to get married in September a K-1 is risky. It’s taking 10 months or more now to process and timelines are always unpredictable and subject to change. 

 

If I were you, I’d have a small, legal ceremony ASAP and start the CR-1 by DCF. You’ll have the visa before the summer is done. You can then travel to the USA next summer when it suits you, be a green card holder immediately, and have your big wedding celebration in September.

 

I’d have given my right arm to be in your position. 

Edited November 25, 2018 by JFH

[SBUK 0]

10 minutes ago, TM92 said:

DCF, or Direct Consular Filing, is not a visa. It's filing the I-130 petition directly with the USCIS London office, thus avoiding the way slower US-based USCIS offices everyone else has to go through. DCF is not an option for K-1. DCF is the best option for CR-1.

If your goal is a US marriage, a K-1 is not needed if you qualify for the Visa Waiver Program. You visit the US with VWP, then you marry. Then you leave the US and wait for the CR-1 visa:

 

Thanks for clearing that up. At this point, I think we may have left it too late to apply for the CR1, like I said before we're getting married in September, the USCIS says that I should start the process at least 10 months before wanting to travel, but we're planning on heading to The U.S in June/July. Obviously nothing is set in stone, and I'm already preparing to not be able to work for several months upon arrival in the U.S, 7-8 months for the K1 sounds more doable than 7-8 months for the CR1? 

Again, thank you so much for your help and information. 

[TM92 527]

3 minutes ago, SBUK said:

7-8 months for the K1 sounds more doable than 7-8 months for the CR1? 

With DCF 3-4 months is average for the CR-1: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

Edited November 25, 2018 by TM92

[SBUK 0]

1 minute ago, TM92 said:

With DCF 3 months is average for the CR-1: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

Not gonna lie, I'm a little overwhelmed with all of this and struggling to wrap my head around it at the moment lol. So from filing the I-130f form for the CR1 being approved is, on average, 3 months? Then what happens after that? 

[TM92 527]

Just now, SBUK said:

Then what happens after that?

After getting the CR-1 visa you enter the US. Upon US entry you are a Lawful Permanent Resident. You have no restrictions, unlike K-1 visa holders.

[SBUK 0]

6 minutes ago, TM92 said:

After getting the CR-1 visa you enter the US. Upon US entry you are a Lawful Permanent Resident. You have no restrictions, unlike K-1 visa holders.

Oh my goodness, thats crazy. Is there a time frame from when the visa is issued that I would have to travel to the U.S? 

[SBUK 0]

9 minutes ago, TM92 said:

After getting the CR-1 visa you enter the US. Upon US entry you are a Lawful Permanent Resident. You have no restrictions, unlike K-1 visa holders.

 

Also, I just copied and pasted this from the link you sent me:

 

Planning Ahead:

U.S. citizens who plan on filing the Petition for Alien Relative (Form I-130) for their foreign spouse/child(ren)/parent to obtain an immigrant visa to relocate to the United States should file the petition at least ten months prior to the date of the planned relocation.

 

Accurate? 

[TM92 527]

17 minutes ago, SBUK said:

Is there a time frame from when the visa is issued that I would have to travel to the U.S? 

Generally, the visa expires 6 months after the medical exam (medical done couple weeks before the CR-1 interview).

14 minutes ago, SBUK said:

should file the petition at least ten months prior to the date of the planned relocation.

That is a very conservative timeframe to account for any unforeseen circumstances (e.g. prolonged Administrative Processing (AP); odds are prolonged AP will not apply to you).

Edited November 25, 2018 by TM92