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Filed: K-1 Visa Country: Albania
Timeline
Posted

Hello, I am filling out the K1 Visa for my soon to be husband, and I am wondering if it is proper to list my mother as the preparer. Technically I am filling out all the forms myself, but I am currently abroad with my fiance due to the coronavirus, and do not have all the evidence materials I need to start filing. However i'm sure you all understand a desire to start the process as soon as possible due to the long wait for final approval.

 

 I was planning on sending my forms to my mom in America and have her collect any evidence materials I am missing, assemble all the papers in order, and mail off the final application from her address. She would also be writing a check for the application because I do not have my checkbook here. We also intend to have her as a joint supporter of our application when we get further down the line in the process.

 

Because she is going to be handling a lot of my materials for me, even though I am filling out the actual i-129f forms, would it make sense for her to be listed as a preparer? Does anyone foresee any problems with this approach?

Posted

No. You did the form. look under the description of preparer and you’ll realize it’s not your mother. 
Who sends it out is irrelevant. You do know about being able to pay for fees with a credit card as well, right? There’s a form for that on USCIS.gov. 

ROC 2009
Naturalization 2010

Posted

But, since you’re overseas with your future spouse (presumably in their country) why not hold off on I-129f, get married and file I-130 spousal visa (can file it online). Cheaper and better in the long run. 

ROC 2009
Naturalization 2010

Filed: K-1 Visa Country: Albania
Timeline
Posted
8 minutes ago, milimelo said:

No. You did the form. look under the description of preparer and you’ll realize it’s not your mother. 
Who sends it out is irrelevant. You do know about being able to pay for fees with a credit card as well, right? There’s a form for that on USCIS.gov. 

I did the form, but the form is not the entire petition, as I understand. The petition is the entire application including evidence that is sent along with the forms, or am I wrong? This is what the description says in the instructions form "If the person who completed this petition is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this petition MUST sign and date the petition." 

 

So my mom is obviously not a part of a business or organization, but box 7a is what you would check in this case correct? It says "I am not an attorney or accredited representative but I have prepared this petition on behalf of the petitioner and with the petitioner's consent."

 

I hope that makes sense as to why I am confused. I think it would be odd for them to receive an application, sent from my mothers address, with her name on the return label and a check from her without listing her as a preparer.

 

I did see the credit card form, but because it has to be physically signed by me, and it has all my credit card information on it, I feel a little nervous sending it to america from abroad. And according to travel.state.gov, I cant file it at any office here abroad anyway. Maybe I am too paranoid.

 

21 minutes ago, milimelo said:

But, since you’re overseas with your future spouse (presumably in their country) why not hold off on I-129f, get married and file I-130 spousal visa (can file it online). Cheaper and better in the long run. 

Yes we have been back and forth on whether to do spousal or fiance visa. The thing is, fiance visa's are supposed to get you to america in a shorter timeframe. And before coronavirus when we were discussing our plans, I was supposed to go home, file the application, and wait for him to be able to join me. I've been on a career break to spend time with him, and was ready to go home and start work again. But we got caught in a lockdown and economic downturn, and the career options are not the same for me here as in america.

 

We obviously aren't special as a couple in terms of visa procedures, everyone has to wait, but it feels like we are losing time. And we spent a lot of time in a long distance relationship prior to this, we don't relish the idea of going back to long distance for a long time. But we figure if we get a fiance visa application in, and wait out the coronavirus together, we only have a few more months to wait for the visa apart when the time comes for me to finally head back home. 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
4 hours ago, Rachel B. said:

I did the form, but the form is not the entire petition, as I understand. The petition is the entire application including evidence that is sent along with the forms, or am I wrong? This is what the description says in the instructions form "If the person who completed this petition is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this petition MUST sign and date the petition." 

 

So my mom is obviously not a part of a business or organization, but box 7a is what you would check in this case correct? It says "I am not an attorney or accredited representative but I have prepared this petition on behalf of the petitioner and with the petitioner's consent."

 

I hope that makes sense as to why I am confused. I think it would be odd for them to receive an application, sent from my mothers address, with her name on the return label and a check from her without listing her as a preparer.

 

I did see the credit card form, but because it has to be physically signed by me, and it has all my credit card information on it, I feel a little nervous sending it to america from abroad. And according to travel.state.gov, I cant file it at any office here abroad anyway. Maybe I am too paranoid.

 

Yes we have been back and forth on whether to do spousal or fiance visa. The thing is, fiance visa's are supposed to get you to america in a shorter timeframe. And before coronavirus when we were discussing our plans, I was supposed to go home, file the application, and wait for him to be able to join me. I've been on a career break to spend time with him, and was ready to go home and start work again. But we got caught in a lockdown and economic downturn, and the career options are not the same for me here as in america.

 

We obviously aren't special as a couple in terms of visa procedures, everyone has to wait, but it feels like we are losing time. And we spent a lot of time in a long distance relationship prior to this, we don't relish the idea of going back to long distance for a long time. But we figure if we get a fiance visa application in, and wait out the coronavirus together, we only have a few more months to wait for the visa apart when the time comes for me to finally head back home. 

I agree with @milimelo, I don’t see a need to put your mother in as the preparer.  As to the pros of doing the spousal visa s opposed to the fiancé visa, you really should look at the entire picture.  For a couple more months, you spouse can enter the US with the ability to work immediately, reduce issues such as getting a drivers license, or bank account set up.  Additionally, is cost, the K1/AOS path adds an additional $1225 to the process as compared to a spousal visa.  Also, depending on the country of your spouse, they may be able to visit during the process.

 

In the end, it is up to the two of you which path to take, but given your current situation, I would certainly lean toward the spousal visa.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted

@Rachel B. If you were to poll the VJ K-1 community, they would say a CR-1 is what they all wished they had done from the start. The most common reason is that they would have receive a Green Card and could seek employment right away. Whereas the AOS for a K-1 is six to nine months if not more to receive all these same documents and the granting of the work permit. Just food for thought.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Filed: K-1 Visa Country: Albania
Timeline
Posted

Can I ask how long it has taken any of you to receive the visa for through the K1 fiance process versus the spousal visa process. Our major concern was not work. We have a plan for what he would do during the waiting period for a work permit. We are most concerned with time of waiting for him to enter the United States. 

Filed: K-1 Visa Country: Austria
Timeline
Posted (edited)
1 hour ago, Rachel B. said:

Can I ask how long it has taken any of you to receive the visa for through the K1 fiance process versus the spousal visa process. Our major concern was not work. We have a plan for what he would do during the waiting period for a work permit. We are most concerned with time of waiting for him to enter the United States. 

K1 is faster in general but costs more in the end. If I were in your situation though, I would probably choose CR1 since both of you are overseas. Just personal opinion.

Edited by nasse_forelle
grammar
Filed: K-1 Visa Country: Albania
Timeline
Posted

Thank you everyone for your responses, but after showing the response to my fiance, and sleeping on it, we are sticking by our decision to get a K1 visa. I appreciate what you all are trying to say, and its not that you don't have good points, but you have to understand we have considered and researched and discussed this decision for months even before we were even certain we wanted to get married. We have a plan now and we are sticking to it. 

 

I'd like to divert the conversation away from whether or not we should use the fiance visa. My question is about using my mother as a preparer. It seems thus far the consensus is no, she is not a preparer. I've got about a week before I mail what materials I can off to her, so if anyone has a strong reason to disagree with the previous input, I will keep an eye on the forum until then. 

 

Thanks all 🙂

 

 
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