craig21123

2 minutes ago, Toastbear said:

I know how you feel, that was how we felt when we first started the k1 process but honestly once you start reading and looking at the forms, it becomes very easy. Especially AOS, EAD and AP dont need a lot of extra documents which makes it a lot easier than the k1 stuff.

So just as the other two suggested, read the guides, read the threads and if you have any questions, ask! People here are very kind and patient.

Thank you! 

Most are fairly helpful on here, bar the occasional sarcastic comment like above! 

3 minutes ago, Ben&Zian said:

Haha no, you don't need any lawyer.

 

We did it all ourselves, took a few days to gather everything and fill out the forms, but no issues.

 

Follow the guides here on VJ: https://www.visajourney.com/content/i130guide2

Thank you Ben & Zian I will check this out. 

Hello everyone! 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

Are there any guides on this site or any others that explain the process in more detail? 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

2 minutes ago, yuna628 said:

Aha. See, now that clarifies.  That's all we wanted to know, and the rest of my advice remains the same on the options for you going forward. You'll need to determine if your fiancé can financially sponsor you and if K1 vs spousal is right for you.

Thank you! A little more friendly than the last post! 

Financial sponsorship isn't an issue so we'll now discuss this in more detail together. 

Just now, james9117 said:

It was 86 days!!! I didn't overstay! Count for yourself!

And it was October the 16th I arrived! Sorry slight discrepancy on original post 

Just now, yuna628 said:

I agree with this post OP.

 

 

It does not matter what the CBP stamps the passport for. 90 days is 90 days. You overstayed by 1 day, according to your post. We are all trying to help you figure out the best way forward OP.

It was 86 days!!! I didn't overstay! Count for yourself!

13 minutes ago, NikLR said:

Count the days just to be sure.  the CBP could stamp your passport for 6 months but as per esta you can only stay for 90 days

 

Guys I've already checked and it was under 90 days!

17 minutes ago, aaron2020 said:

Based on the dates you provided, you did overstay.

Did you stay in the US for 90 days?  Or did you make the mistake of staying for 3 months?

No I didn't overstay! My passport was stamped until Jan 13th!

5 minutes ago, yuna628 said:

You can't really prioritize pregnancy when it comes to immigration. But the truth is, once you overstay on the VWP that's it. He's not coming back without a valid visa. It's very important to never waste your VWP/ESTA on careless or intentional overstaying. If he has not overstayed, then certainly he could return to visit if he is able to satisfy the officers at the port of entry (and that's a big IF that hinges on a lot of things), however it would be very important if he has stayed anywhere near max on his 90 day limit, to spend at least as long or twice as long back in his home country before returning. In ordinary circumstances we might all agree this is a very rushed relationship, and it would benefit both parents to take things slow, visit a bunch, and focus on pregnancy and care of the newborn before the marriage.. but the timeline is further complicated here (and I've rarely seen anyone on VJ advised to wait... actually wait lol). A K1 is going to take about as long as a spousal visa to get through, but they will have relatively the same requirements that the couple will have to satisfy and consider first. If he cannot visit her without a visa due to overstaying, this will compound the problem of where to get married, if a spousal visa is selected.

Just to clarify, I’ve never overstayed my ESTA and never intend to. 

Just now, John & Rose said:

It is a bit easier and cheaper.  The only disadvantage is an extra couple of months that you will be apart compared to K-1.  

That is a bit of a pain but like you said I can basically start work immediately whereas with the k-1 it'll take months for just the work permit!

5 minutes ago, John & Rose said:

If possible, you may want to consider a spousal visa.  Your K-1 will be approved if you can prove that you met at least once within two years of filing (I think you have that covered) and that you are both free to marry.  Those are the basic requirements for petition approval at USCIS.

 

Here is a complete breakdown of fiancee vs spousal so you can see the big picture.

 

K-1 vs CR-1 Full Analysis

 

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 (about 5-6 months)    

Spouse can not work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.

If you have red flags this may be the best place to start in case of denial.

Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.

 

K-1 Fees

$535 - USCIS Filing Fee

$265 per person - DS-160 (Visa Application)

$200 to $400 - Medical Fee

$1,225 per person - AOS Fee (Includes EAD/AP if filed together)

$750 per child under 14

$680 per person - ROC Fee

 

 

$2,705 plus medical (K-1)

$2,170 plus medical (K-2 over 14 years old)

$1,695 plus medical (K-2 14 years old and younger)

 

 

CR-1    

Less expensive than K-1    

No Adjustment of Status  (I-485, I-131, I-765) 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 (LPR) status IMMEDIATELY upon entry to the United States

If you are truly concerned about a denial, the K-1 may be a better place to start.

Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.

 

CR-1 Fees

$535 - USCIS Filing Fee

$120 - Affidavit of Support Fee

$325 - DS-260 (Visa Application)

$200 to $400 - Medical Fee

$220 - USCIS Immigrant Fee

$680 - ROC (if married less than 2 years at POE)

 

$1,200 plus medical (per person if married more than 2 years when filing)

$1,880 plus medical (per person if married less than 2 years at POE)

Wow John that is really helpful! Thank you so much! Maybe we can consider getting married in March. Seems like in the long run that could be a lot less hassle!

5 minutes ago, aaron2020 said:

The answers are not going to change by starting another thread.  This is considered spamming and a violation of the TOS on VJ.

 

Aaron, I thought I posted it in the wrong thread so reposted in the general K-1 one and now realise that my other one didn't delete. Relax ....

Hi Everyone! 

Ive known my fiancé since October the 10th 2018 when I came over on an ESTA from the UK, we hit things off straight away and our relationship so far has been very romantic. The day before I was leaving to return to the UK on the 9th January 2019 she told me she was pregnant and so I asked her to marry me as I’m certain I want to be with her forever. 

We're planning to file for a K-1 visa over the next couple of weeks and I have a Skype appointment booked with Navid Dayzad (anyone who’s used him and had a positive experience please come forward!). However we both seem to be quite pessimistic about it actually being approved due to evidence. We have maybe a handful of pictures together over the 3 month period I was here and realistically we’ve only known each other 4 months despite the fact we’re having a baby now! She has also booked to visit me in London in March so hope that helps. Our first concern is that they really won’t believe our relationship is legitimate when it is! 

The second is the timeframe of the K-1 Visa, the baby is due in late August and I’m sure it would be a miracle if I had the visa before then. Is there any way I could expedite the process? Not because of the pregnancy directly but the fact that she’s just moved into (and furnished) a new apartment and having time off after the baby would cause ALOT of financial distress! I could stay at home with the baby for  the first month or two to make things easier. 

Hope someone can advise or share their experience! 

Thanks, 

Hi Everyone! 

Ive known my fiancé since October the 10th 2018 when I came over on an ESTA from the UK, we hit things off straight away and our relationship so far has been very romantic. The day before I was leaving to return to the UK on the 9th January 2019 she told me she was pregnant and so I asked her to marry me as I’m certain I want to be with her forever. 

Were planning to file for a K-1 visa over the next couple of weeks and I have a Skype appointment booked with Navid Dayzad (anyone who’s used him and had a positive experience please come forward!). However we both seem to be quite pesssimistic about it actually being approved due to evidence. We have maybe a handful of pictures together over the 3 month period I was here and realistically we’ve only known each other 4 months despite the fact we’re having a baby now! She has also booked to visit me in London in March so hope that helps. Our first concern is that they really won’t believe our relationship is legitimate when it is! 

The second is the timeframe of the K-1 Visa, the baby is due in late August and I’m sure it would be a miracle if I had the visa before then. Is there any way I could expedite the process? Not because of the pregnancy directly but the fact that she’s just moved into (and furnished) a new apartment and having time off after the baby would cause ALOT of financial distress! I could stay at home with the baby for  the first month or two to make things easier. 

Hope someone can advise or share their experience! 

Thanks,