Liz&Nate

It took a reasonable 116 days and now my fiance SMS'd me that we've gotten the "I-797 Notice of Action: The above petition has been approved" in the mail. . Reasonable because I assumed it would be a much longer wait because we were processed through Vermont but there it is. Thank you all VJ'ers for helping people out. I can't believe four months ago when I found this site that I was so misguided about what marrying a USC meant. I know that the hard part is still to come (and I'll probably come to you with questions) but step one is over, thank God. It's a good day.

ok, and we can marry now too? for example say we marry today (hypotheticly) and file for the IR1/CR1 process tomorrow, I can stay here until October when my B2 expires and wait for the process to finish in NZ and am free to come back at the end of it?

Also, is it certain that the IR1/CR1 will be approved?

As Sweetpiano rightly posted above (I apologize for being unclear and thank you, Sweetpiano) it is illegal to enter the country with a Tourist visa if your intent is to immigrate. So long as you abide by the terms of your visa conditions you can get married in the US. If, in your case, your visa expires until October and you do not intent to overstay you can file for IR1/CR1 and wait in the US for the next four months then return to NZ. I am almost certain of this, although a second opinion from one of the many knowledgeable VJ'ers would help.

It is never a guarantee that your petition and visa will be approved. The chances increase greatly when you do things as legally and thoroughly as possible. Your case seems very straightforward, although due to your waiver ineligibility I would probably consult a lawyer just to make sure it wouldn't raise any red flags. This is not meant to scare you. More than likely you'll be alright. It's just always safe to cover all your bases. Congratulations on your engagement!

Also, is renewing my current visa with intent to marry an option? Or would that mean I just apply for the Fiancee visa instead?

That would indeed mean applying for a Fiancee visa. Although I am almost sure that if you are already in the country with a valid visa you can apply for a K1 and stay in the US until your I-94 expires.

Sadly, it's a matter of patience. There's no reason why other people get approved before you (or much, much later). Just luck of the draw and the expediency of the VSC people. You have the rest of your life to be with each other and only a month or a couple of months more to wait. Focus on that!

I've read a little and saw that I don't need a fiancee visa because I'm already here.

This is not true. You need a fiance visa if your intent when entering the country was to get married. I have a multiple entry B1/B2/BCC and have been in the US literally hundreds of times on daytrips, but I still had to file for a K1 because my intent is to get married. As simple as that.

If you decide to adjust from a B2 chances are you will be able to AOS fairly easily. There is always a risk, however, that you will be denied because a B1/B2 is not a dual intent visa. Ultimately it is your life and your happiness so think carefully before marrying. I made the choice to go back to my country and wait the K1 process because I don't want any risks.

Regardless of the choice you make, good luck. Look at the guides here and be as thorough and truthful as possible.

OP, I am sorry to hear about your delay. We are only 70 days into our K1 process and even though we anticipate a long wait, we are anxious. There is really nothing I can offer you but my best wishes. I understand the frustration you (and most of us) are feeling, because the system seems unfair, especially, like my fiance says, towards those of us who are choosing to follow a legal path. It is heartbreaking particularly because a lot of us did not choose immigration as anything else, but a way to be with our loved ones. I have a comfortable life in Mexico and wish my love could adapt to my country so we could skip all of this. On the other hand, I respect his wish to want to remain in his country and will try to do my best to be patient and be content with occasional visits while all this is done.

In these cases all you can do is take it as a test of your love for one another. If you can make it through this, you can make it through most anything. Best wishes to you both.

Woohoo! Enjoy the joy!

I think it is normal. At least it was on our case. The package was sent, the check cashed and one week after that NOA1 arrived on the mail. Still no email or text message.

Congratulations! Wish you all the best for the rest of your journey!

My fiance lives in southwest Texas and our application got sent to Vermont. It makes no logical sense to me, I wonder if there is any actual way to know where the applications get send to.

Congratulations! May the rest of your journey be a happy one!

Every happiness and many congratulations to you both! Keep up the faith, everyone else. Our time will come!!!

Yay for you too! You approved filers are the ones that give us hope! Congrats!

Congratulations! Good luck on the rest of your journey!

Yes. Above all, they want your money. Your NOA1 is basically a receipt from receiving your payment & petition. Just like in a store, they take your money then give you a receipt after they've assured your payment goes through

Thanks! I was seeing the signatures and timelines of other posters and I got a bit freaked out. When you put it like that, it makes perfect sense!

Hi,

So, if you check my signature you'll see that my fiance sent the K1 package on March 21, 2011. It was received at Lockbox on the 24th of March. This morning he informed via Skype that the check has been cashed. We filed an G-1125 form so we should be getting email and text updates. The oddity is that the check was cashed before we received any communication from USCIS, case number or NOA1. Is this normal?

Definitely congratulations! Hope the rest of the process goes on smoothly. We are still waiting for NOA1, so seeing all these success stories makes me smile!

Hi,

My fiance recently send the I-129f package. Everything seemed alright until, when I was checking the exact copy he sent me, I realized that he made a mistake on his mother's birthday on his G-325a. Everything else is correct, and we feel confident on the proof of relationship we sent. My question is if his typo (which was what it was, a simple 6 instead of a 7 on the day) could be misconstrued as misrepresentation. We are not worried about an RFE, I don't know if we could get one for such a minor mistake, but I am worried it could become something bigger. Any thoughts?

Does anyone know if Mexico allows co-sponsors for K-1? If not, does anyone know how could I find out?

Thanks you in advance for your help.

Hello VJ'ers!

My fiance and I are filing the I-129f on Monday and bracing for the long process. It took us about one week to be thorough and triple check everything. I have a question that I wonder if any of you could help clear up.

In regard to travelling while the K1 petition is being processed I've heard conflicting opinions. The consensus being that you could apply for a tourist visa, but you might not necessarily get it, or that you might be turned away by the CBP agent. My case is a little different. I hold a B1/B2/Border Crossing Card, that allows me to travel no further than 25 Miles from the US/Mexico border and stay for no longer than 30 days. It's a multiple entry visa. I have been told that people travel across the border with BCC's after filing for CR-1's, but I have no real proof of that.

Does anyone know if this is possible? If we have to be apart for the duration of the process, we will go through it because the end result is worth it. But if there's any way around it, we'd be very happy.

Any replies will be welcome! Thanks in advance.

In developing news, the immigration lawyer my fiance consulted before filing the I-129f told him that it would be around a year to get a K1 since the USCIS is currently processing requests made in June last year. Is this true? I might have to consult the Mexico board, but it seems exaggerated.

I disagree with the reply that you need a lawyer. My husband is Canadian and we went the K1 route without any help from a lawyer. Our case had a little bit of mud (I am 9 years older and divorced with kids), but we were able to do it all without legal help.

I just wanted to add that I really, really enjoyed the VISA process. I know that sounds crazy, but I loved gathering the evidence, completing the forms, the anticipation of the interview, going to the interview, getting approved, the anticipation of him moving here, planning the wedding, and then filing for the green card.

I am proud that we did everything the proper way, and I know we have nothing to hide from USCIS. The whole process gave us time to make sure this was what we really wanted. My husband left his country to be with me, and I know that during the process if he wanted to change his mind he could have (since we had so much time and did not rush into getting married).

Enjoy your time courting, filling out the forms and getting her over here. It is a frustrating but meaningful experience.

Good luck!

This is very much the way I feel about it. My fiance and I have been together for a long enough time that we know we want to spend the rest of our lives together, but I feel this experience will bond us closer together. We will have earned our right to be together at the end of it. Like you say, I want to have the certainty that I have nothing to hide from the USCIS.

As for lawyers, I am already weary of them. I realize now how naive of me it was to think that they would point out the correct way to do things. For us, this is our lives. For them it's just another paycheck. Right now my fiance feels like he needs to be guided through filling out the forms correctly and filing the right way. I understand this, but I still advice him to double check what he's told.

I might actually feel more excited about filing this week than I did about planning the wedding. Before, I had this nagging feeling that something wasn't right. Now I feel that so long as we are smart and thorough everything should be okay.

I did get an email from one of the former immigration firms today that I found strange. Basically it stated that the only requirement for AOS is to have been admitted by an USCIS officer and to give him a fair chance of inspection, regardless of the visa I used to enter the US. First off, I am not sure if a CBP officer would qualify as a "USCIS" one. The email (which was in reply to one I sent regarding K-1 visas) also stated that so long as I wasn't asked about my intentions, I wouldn't be lying about them. Third, that if I got married after 90 days, I would hardly arise any suspicion and would breeze through the process. The lawyer in question wished me the best but said he was "saddened that I had decided to take the hard road".

I guess doing what's right isn't always easy. Doing what's easy isn't always right.

I dont think your case is muddy. I think the poster assumed you were going to try and go the AOS route.

May I ask why you are going to use a lawyer? Provided you have a straightforward case (no overstays, criminal convictions etc) it can be done easily yourself (with some help from VJ!)

As you have already experienced, lawyers can often get things wrong, and as many on VJ will tell you, they can even hinder a case!

I think our case is very straightforward. As for the lawyer, my fiance went to an initial consultation with an attorney that came highly recommended to him by a close friend on Friday. As he will be the one filing the I-129f he wants to make sure he'll get it right the first time. Ultimately it is his decision and he seems content with the lawyer and the advice he has been given so far. To be fair, I consulted immigration firms in Mexico, and now it's obvious that they didn't have our best interests at heart.

Thanks for all the replies! What a wonderful resource this place is!

Find a lawyer and follow their advice. No matter what you do, or you are planning to do, legal representation is probably best in your case. I do not always recommend a lawyer, but your case is so muddy, no matter how you still it, you ar egoing to get questions especially if you have a b1/b2 visa at present.

I don't understand how the case is "muddy". I am not in the US at the moment. I do have a B1/B2/BCC card that I've had for many years (it's a ten year card), which I have used to visit my fiance on day trips, always declaring I was visiting my (then) boyfriend to the CBP officer. So far I don't think we have anything to hide. We did make wedding plans, but as I am not intending to follow through with them now that I've become aware of the risks, I wouldn't understand how they would factor into the process. If there is anything I am missing, I would be very grateful if you'd let me know.

We have retained the services of a competent lawyer and will follow his advice.