Immigration

[SalishSea 16,809]

36 minutes ago, Keith Hunter said:

Sorry I was reading the immigration guide and it states a complete replica of the forms and payment is required.

Who "requires" a complete replica of the forms and payment?  

 

Btw, the more research and educating of yourselves you can do into the K-1 process, the better off  you'll be.  I suggest using the instructions/optional checklist which accompanies the I-129F (from the USCIS site).

[Keith Hunter 2]

Just now, Jorgedig said:

Who "requires" a complete replica of the forms and payment?  

 

Btw, the more research and educating of yourselves you can do into the K-1 process, the better off  you'll be.  I suggest using the instructions/optional checklist which accompanies the I-129F (from the USCIS site).

USCIS may require one if they ask for a RFE? I am educating myself everyday, just trying to fill in the blanks. 

[SalishSea 16,809]

3 minutes ago, Keith Hunter said:

USCIS may require one if they ask for a RFE? I am educating myself everyday, just trying to fill in the blanks. 

They will not issue an RFE for either.  If the payment is not correct, the petition will be rejected.

 

RFEs are typically issued in later stages, when the petition is being adjudicated.

[mushroomspore 3,043]

59 minutes ago, Keith Hunter said:

Sorry I was reading the immigration guide and it states a complete replica of the forms and payment is required.

I think you're misinterpreting that sentence/bit of info. The guides recommend keeping a replica of the forms and payment for your own records. The replica is not meant to be sent to USCIS.

[Keith Hunter 2]

8 minutes ago, mushroomspore said:

I think you're misinterpreting that sentence/bit of info. The guides recommend keeping a replica of the forms and payment for your own records. The replica is not meant to be sent to USCIS.

Thank you! I think so too lol

[PWB 213]

You would be so wrong to think any thing being said by a politician in October has meaning in January.  There will be no free bubble up and eating rainbow stew in the near future.

[JeanneAdil 6,218]

3 hours ago, Keith Hunter said:

That is not what I’m saying. I’m well aware of the costs including naturalisation. But they state a complete copy of the I-129F is required, including the money cheque of $535.

of course they want the complete application

[Orangesapples 1,954]

I suggest you look into a CR1 (spousal visa) instead of a fiancé visa. I came on a K1 and the first few months when I couldn't do anything but stay home drove me crazy. And back then it only took 4 months for me to get an EAD. It takes much longer now. 

 

With a spousal visa, the immigrant is a permanent resident from day one and can start working and traveling right away. 

[JFH 12,189]

I second the recommendation to fully research BOTH the K-1 fiancé visa and the CR-1 spousal visa. The K-1 is an odd choice for someone of working age from a western country. I’m not saying they don’t happen, but I question the logic. The K-1 is essentially a very expensive tourist visa that allows you to enter the US for 90 days. If, within that 90 days, you legally marry the person who petitioned you, the US government allows you to stay provided you pay a few thousand more and wait many, many months in limbo (no work, no overseas travel, in some states no driving) for the privilege. All told you could be looking at 9 months with no income. That puts a huge amount of pressure on your spouse, who is also expected to provide healthcare for you (through my employer, adding a spouse on the basic package costs an additional $450 a month for medical, dental and vision).  Depending on your career path, 9 months out of your chosen industry can take years to make up. In my case, 9 months with no work back then would have cost me over $50,000 in lost income and I didn’t spend 7 years at university to fall behind in my chosen career. The fact that she has just started work and you are looking at joint sponsor options suggests to me you are not in a position where an additional adult could join the household for many months without a significant impact on your financial situation. 
 

The spousal visa is not only considerably cheaper, it also allows you to work and affords your all the privileges of a permanent resident from day one. It’s also faster to citizenship, if that is the ultimate aim. You just got engaged in Cancun. We were there last week also and at the hotel many weddings took place during our stay. Why not go back to Mexico (or anywhere else you can get to easily right now) and have a small simple wedding and then start the spousal visa process? 
 

Currently spousal visas are being given priority in countries that fall under the COVID travel ban (which includes the UK) as legal spouses are exempt from the ban but fiancés are not. 
 

We see many people on here who did the K-1 and subsequently regretted it. I’ve yet to see anyone who regretted the spousal visa (except for cases where they regretted the spouse, but that had nothing to do with the visa process). 

Edited October 9, 2020 by JFH

[Keith Hunter 2]

25 minutes ago, JFH said:

I second the recommendation to fully research BOTH the K-1 fiancé visa and the CR-1 spousal visa. The K-1 is an odd choice for someone of working age from a western country. I’m not saying they don’t happen, but I question the logic. The K-1 is essentially a very expensive tourist visa that allows you to enter the US for 90 days. If, within that 90 days, you legally marry the person who petitioned you, the US government allows you to stay provided you pay a few thousand more and wait many, many months in limbo (no work, no overseas travel, in some states no driving) for the privilege. All told you could be looking at 9 months with no income. That puts a huge amount of pressure on your spouse, who is also expected to provide healthcare for you (through my employer, adding a spouse on the basic package costs an additional $450 a month for medical, dental and vision).  Depending on your career path, 9 months out of your chosen industry can take years to make up. In my case, 9 months with no work back then would have cost me over $50,000 in lost income and I didn’t spend 7 years at university to fall behind in my chosen career. The fact that she has just started work and you are looking at joint sponsor options suggests to me you are not in a position where an additional adult could join the household for many months without a significant impact on your financial situation. 
 

The spousal visa is not only considerably cheaper, it also allows you to work and affords your all the privileges of a permanent resident from day one. It’s also faster to citizenship, if that is the ultimate aim. You just got engaged in Cancun. We were there last week also and at the hotel many weddings took place during our stay. Why not go back to Mexico (or anywhere else you can get to easily right now) and have a small simple wedding and then start the spousal visa process? 
 

Currently spousal visas are being given priority in countries that fall under the COVID travel ban (which includes the UK) as legal spouses are exempt from the ban but fiancés are not. 
 

We see many people on here who did the K-1 and subsequently regretted it. I’ve yet to see anyone who regretted the spousal visa (except for cases where they regretted the spouse, but that had nothing to do with the visa process). 

Hey we’re intrigued by this, but would the marriage be legalised if we marry in another country? We both believed an expensive visa was required to marry in another country.

 

In the U.K. the process is £1500 roughly, in the US the whole process was £2000 including naturalisation. 
 

Thanks!

 

[Crazy Cat 39,354]

6 minutes ago, Keith Hunter said:

Hey we’re intrigued by this, but would the marriage be legalised if we marry in another country? We both believed an expensive visa was required to marry in another country.

 

In the U.K. the process is £1500 roughly, in the US the whole process was £2000 including naturalisation. 
 

Thanks!

 

You can marry anywhere. 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited October 9, 2020 by Lucky Cat

[JFH 12,189]

2 minutes ago, Keith Hunter said:

Hey we’re intrigued by this, but would the marriage be legalised if we marry in another country? We both believed an expensive visa was required to marry in another country.

 

In the U.K. the process is £1500 roughly, in the US the whole process was £2000 including naturalisation. 
 

Thanks!

 

Yes, the marriage would still be legal. If it’s legal in the country where it took place, it’s legal in the US and the UK. What do you think happens to all those people who book “destination weddings” in the Caribbean and such like through Kuoni and others? They are just as much married as a couple who go down to the local register office. 
 

An American citizen requires a visa to marry in the UK. But this is unique to the UK because of the huge amount of marriage fraud that was going on. I worked with a woman whose sister was involved in that - she got paid a nice sum to “marry” a Nigerian in London. She’d never met him before. She just showed up for the ceremony at the register office and off he went with the marriage certificate to apply for residency in the UK. Requiring non-EU nationals to have a marriage visa was intended to put a stop to all that. 
 

2000 quid including Naturalisation? That’s completely wrong. For a K-1 from start to finish (K-1, AOS, ROC and then Naturalisation) it will cost a lot more than 2 grand. The good thing is it will take at least 4 years to do all that so you don’t pay it all at once. 

[Keith Hunter 2]

4 minutes ago, JFH said:

Yes, the marriage would still be legal. If it’s legal in the country where it took place, it’s legal in the US and the UK. What do you think happens to all those people who book “destination weddings” in the Caribbean and such like through Kuoni and others? They are just as much married as a couple who go down to the local register office. 
 

An American citizen requires a visa to marry in the UK. But this is unique to the UK because of the huge amount of marriage fraud that was going on. I worked with a woman whose sister was involved in that - she got paid a nice sum to “marry” a Nigerian in London. She’d never met him before. She just showed up for the ceremony at the register office and off he went with the marriage certificate to apply for residency in the UK. Requiring non-EU nationals to have a marriage visa was intended to put a stop to all that. 
 

2000 quid including Naturalisation? That’s completely wrong. For a K-1 from start to finish (K-1, AOS, ROC and then Naturalisation) it will cost a lot more than 2 grand. The good thing is it will take at least 4 years to do all that so you don’t pay it all at once. 

So what exactly would be needed to marry in Mexico? This is extremely helpful thank you for all the replies.

 

Sorry I had it down as £3000, must be missing something.

[JFH 12,189]

3 minutes ago, Keith Hunter said:

So what exactly would be needed to marry in Mexico? This is extremely helpful thank you for all the replies.

 

Sorry I had it down as £3000, must be missing something.

Most hotels will have a wedding coordinator. Contact the hotel of your choice. They will give you a list of requirements. 

[NYCruiser 423]

8 hours ago, Keith Hunter said:

Hey I was just wondering if as a U.K. citizen I have some leeway when it comes to immigration to the US, given the relationship between the 2 nations. 
 

I also have a few questions regarding the immigration process:

 

When will my sponsor/fiancé be required to submit her employment information/taxes) during I-129F or later on? I ask this because she has only just got a job on the books to help with immigration so her taxes wouldn’t be eligible until next year.

 

Also how much of the weight can a joint sponsor take? Is there a certain income the main sponsor has to make in order for things to go through accordingly?
 

Will (if) Joe Biden‘s election effect immigration? He has promised to make some promising changes to immigration and US border policies.

 

Thanks any replies are welcomed and appreciated.

 

 

 

 

 

Another question, is a copy of the I-129F forms and payment really necessary? Seems a little excessive.

There is no special treatment at all because you are a UK Citizen. My spouse was a UK (and still is) and when he was applying for Immigration here many years ago, it meant nothing being a UK Citizen.

 

Biden?? HE wants open borders..so maybe we won't need this site anymore....well...maybe we won't have a country anymore.

 

He supported as VP the Demoortation in Chief...Obama who deported the most illegals. So who knows.....