keribee

Thank you for that, it really helped me understand the difference. I was reading the instructions over & over it nothing made sense.

Sadly my husband did not file his tax return for 2006, I think this may cause us a problem unless we can prove he earned less than the minimum $16500. You say you didn't use a sponsor... if we were going to get a joint sponsor would we still fill out I-864 or another form, or get the joint sponsor to fill one out themselves?

Sorry to come with more questions, is there a part of this site which has FAQ's on this form? I've looked but can't find anything

thanks again, any tips of a nod in the right direction much apreciated!

k&d

Joint sponsor also fills out I-864, also by law all US citizens need to file returns unless they are exempt, they will RFE for it.

There are few exemptions from IRS filings, and can file late. If citizen was out of country, they may be exempt from paying taxes on foreign income, not exempt from filing a return.

Thanks so much, looks like we need to get some tax filing done ASAP then!

Thank you for that, it really helped me understand the difference. I was reading the instructions over & over it nothing made sense.

Sadly my husband did not file his tax return for 2006, I think this may cause us a problem unless we can prove he earned less than the minimum $16500. You say you didn't use a sponsor... if we were going to get a joint sponsor would we still fill out I-864 or another form, or get the joint sponsor to fill one out themselves?

Sorry to come with more questions, is there a part of this site which has FAQ's on this form? I've looked but can't find anything

thanks again, any tips of a nod in the right direction much apreciated!

k&d

You count spouse as immigrant, NOT SPOUSE on this form they are THE IMMIGRANT FIRST.

The Spouse is counted as spouse if sponsoring another immigrant later on like child/mother/father/sister/brother ect...

Thank you, am I right in thinking we would put a 0 by

Section 10: Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9

?

Hello...

My husband and I are currently filling out form I-864 and were confused by sections 10 & 21

In Section 10 it asks us to state "the total number of immigrants sponsored on this form"

We are assuming I am the immigrant so we checked 1 however further down in Section 21 it asks us to "enter the number we entered on line 10" which was 1

it then asks us for persons NOT Sponsored in this affidavit:

Yourself (my husband) 1

If you are currently married enter 1 for your spouse, so we entered 1

This then brings our household total to 3, when it should be 2

CONFUSING!

Can anyone help us figure out where we should/should'nt be putting a 1!?!?!

Any info much appreciated!

k&d

Thanks Dr LHA & Meauxna -

I plan to get married here and then (hopefully) stay. Obviously I will return to the UK at some point (perhaps christmas) so in that case I will look into I-130 & I-485 forms.

I will check out the USCIS site and see what info is available here at visa journey.com I will also check out http://www.google.com/search?hl=en&q=m...+license+denver

I don't really want to do a 'vegas' wedding and hope we can figure something out in Telluride, CO where we are currently living.

Will definintley get legal advice - for a couple $100's I think it's worth it. Would hate to make a wrong move and then be kicked out with zero chance of returning!!!

Again thank you so much, the insights and tips are SO HELPFUL and VERY, VERY much appreciated!!

kb

I know, it's just we figured 9 months was more than enough time to get everything in order. ~how can you ever predict they will make such huge errors with their admin work!?!?!?

i was advised we could send a letter in and withdraw our I-129f (K1) application, get married and then apply to adjust my status - all without me having to leave the country -

thanks for your thoughts though and the link to vegas site!

Hello

- I am new here but have been in the K1 visa forum for a while trying to get info my current situtation. In brief:

I am a UK citizen, my fiance is American. We met over a year ago while I was traveling in the States.We got engaged last Christmas and filed the I-129f forms January 22nd. Due to 2 admin errors at the Service Centre (receipt mailed to wrong address & me being stated as the attorney not alien fiancee) our case processing only began on March 26th - 2 months after filing!!

I am in the US on a B2 tourist visa and have to leave by July 1st - we had hoped to get all the papers sorted here so I could take care of the UK side at the US Consulate in London while I was back in the UK over the Summer. We were planning our wedding for Sept 22nd & figured this wasn't out of reach.

Due to the errors that ocurred the way things are looking now it's highly doubtful we will get things together in time. I don't want to be stranded in the UK and miss our Sept wedding, or spend 4 months apart AGAIN!! Some people in the K1 forum suggested we could legally get married now, as I didn't enter with the intention of getting married when I entered the country last December on my B2 Tourist visa. Apparantly if we get married now it would mean I wouldn't have to leave in July. We could then have the Sept date as a phase 2 non-legal ceremony (which we, friends & family have already planned for).

I am hoping to get some info/advice in this forum on the following areas:

* If we get married which forms do I need to file to adjust my status - Is it a K3?

* Should I get legal advice first, to make 100% sure getting married now will not cause me problems in the future (possible deportion etc)

* How can I find out about the laws in State of Colorado and Nevada for weddings & legal requirements for foreigners. We live in Colorado but are close to Vegas (10hr drive) I have tried to google this but can't find the info I need.

* Anything anyone else can think is relevant, which I haven't mentioned

Any information would be much apreciated, even a nudge in the right direction of a website or institution to get more information. I feel like time is running out!!

many thanks in advance!!

keribee

I didn't know that most cases are filed when the fiance/ee is out of the country. From what I have read if we got married now (while I am in the US on a B2 tourist Visa) it can cause complications later when we apply to adjust the conditions of my 'status' - I could be deported and not allowed back in.

I'm not sure what AOS means? Alteration of Status? Are you saying we could legally get married while I am here right now, then apply to AOS?

Thanks for any info - it would be great to have a back-up plan!

kb

Unfortunately, you misunderstood what you read or it was wrong. As long as you didn't enter the US on a B2 visa with the intention of getting married, you are within the law. Since your marriage decision came after entry, you are allowed to simply stay, get married and "Adjust Status". You don't have to leave at all.

That said, if you wait in the USA until September to get married, you will have overstayed your visa. This is not generally a problem when you marry a USC. The complication would be you leaving between now and then and then returning. Your return on a B2 in time for your wedding would be visa fraud because you WOULD be entering with the intention of marriage.

Any backup plan would be to marry sooner and file to adjust status immediately. The process would take several months, during which it may be complicated for you to travel back and forth.

Wow - had no idea!! But thank you so much for the insight, right now it looks like our best option!!!!!!! I know if I leave in July they won't let me back into the US on my B2 Visa, and I doubt I would be able to enter on the 90 VWP you automatically get as UK citizen. My biggest fear is leaving and then being 'stuck' in the UK!!!! Looks like a summer wedding then Again thank you so much for all the info - wish I had found this site 6 months ago!!!

I would highly doubt that, at the rate things are going, you'll make your Sept 22 wedding. If you haven't already, I wouldn't pay deposits on things.

From what you have said though, i'm still not sure why you aren't hauling your buns to the nearest justice-of-the-peace to get legally married and then proceeding with AOS.

Did you enter the country with the intention of marrying? Doesn't sound like it. And the K1 was filed after you were here, which implies no intention. And did you come here BEFORE you met or BECAUSE you met (like online, etc). Surf around here more about whether you can withdraw your I-129F and just get married and go through the process that way.

It is NOT per se illegal to do it that way at all. We need some more details to get you better thoughts, though.

Sorry if I have been vague with background details:

I met my fiance last February while traveling home to the UK from New Zealand - I had a B2 visa issued to me at the US Consualate in Auckland so I could spend time in Mexico & Hawaii before hitting the US mainland to visit friends in California & Colorado last year. We spent a month together then I had to head back to the UK to sort out some family matters in March.

After spending 4 months apart I returned to Colorado last june for 3 months so we could be together & develop the relationship further - obviously very much in love we discussed getting married & had a fantastic summer. I left in September & spent 2.5 months in the UK, then came back to the US again in December on the B2 visa (carefully working out how many days I had left for 2006).

My fiance proposed to me on Christmas eve and we filed the forms in January in the hope that we could get all the necessary papers sorted before I had to leave in July. We penciled in a Sept 22nd wedding as we both believed that would allow enough time (8 months from filing date)

I always knew I would have to return to the UK, just hoped I could take care of the Consulate Visit in London & Medical Exam during the Summer, get the K1 in my passport and head back to the US by mid August.

I didn't know that most cases are filed when the fiance/ee is out of the country. From what I have read if we got married now (while I am in the US on a B2 tourist Visa) it can cause complications later when we apply to adjust the conditions of my 'status' - I could be deported and not allowed back in.

I'm not sure what AOS means? Alteration of Status? Are you saying we could legally get married while I am here right now, then apply to AOS?

Thanks for any info - it would be great to have a back-up plan!

kb

Thanks for the further thoughts and info. I understood I would have to return to the UK this Summer, just assumed (albeit naively) that I would only need to be in the UK for 2-4 weeks & then be able to re-enter the US in time for our wedding in late September.

As for the PO BOX issue, we have no choice - living in a mountain town in Colorado that is the only system for receiving USPS mail, all other items have to be sent UPS or FEDEX. We called USCIS this morning to verify this is OK to receive mail at the PO address and they said it was fine.

Please could you explain more about having a wedding ceremony without legalities - kind of like a commitment ceremony? We were wondering about a vegas wedding as a last minute resort, but I have read if you get married in the US on a tourist visa you can be deported by homeland security when applying to change the status. Also I have friends and family who have booked flights and time off work to come out in September for the wedding.

Our biggest concern is that I won't get the K1 visa in time to return for our planned Sept 22nd wedding date. Do you think if our case began on 19th March that I might be able to get everything in order by Sept 20th? It works out at 6 months to the day almost.... I'm hoping for a miracle!

Hi - lauren & rebeccajo; thank you SO much for your posts. I had been trying to find this information on the site but found it hard to find what i was looking for. it makes me feel much better to know what I am looking at and will need to deal with/be prepared for. again - THANK YOU SO MUCH!

Wow - thanks jlivings99 I didn't even know about Packet 3!!! I can have mail sent to my parents house in Cornwall - if it takes 40 days I will try & contact my local police station for my Police Report.. I'm wondering if they be able to issue me one without me physically going into the Station?

What other documents do I need for Packet 3 - I would like to be as prepared as I can in advance (like your husband) Who is sending Packet 3 to me - USCIS?

I am still a little unsure the actual process of the K1 - I am assuming :

We send in I-129F - This is processed by USCIS

USCIS send out Packet 3 to my UK address (?)

I complete forms/include reports etc & send this back to USCIS or The US Consulate in London?

I then have to make a date/time for the interview at US Consulate in London

When do I have to take the medical exam - at the consulate or by an approved DR?

Any info much apreciated!!

hi all

- thanks for the input, it's great to get some insight from people in this situation - hopeless to get anything useful from USCIS! we both wanted to file by ourselves as assumed the lawyers really just make a nice bundle of $$'s - it's just a concern to think we might have jeopordised our application by being a bit naive & realising how slow they can be with processing times...

the problem we had with our case was that they sent the receipt of our application to our physical adress, not the PO box our mail comes to (we stated clearly on the form and covering letter each address) they cashed our processing fee check, super busy over the winter season & as we were told it could take a while to hear anything we didn't think it strange nothing came in the mail for several weeks. Only after my fiance called did we discover the receipt had been returned to the centre and our case put on hold - we corrected the error - but the representative on the phone refused to discuss the case with me, only my fiance - was rude and could hardly understand a word my fiance said as her english wasn't obviously that great!

anyway we were then sent our 'receipt' but they had made another error and had put me down both as the alien fiancee and the attorney - we called again and corrected this error but were told our processing date started from then (March 12th) it's so frustrating as we filed late January, our check was cashed Feb 12th and nothing has happened to our case until March 12th!!!

I do not have any criminal records in the UK, and have not overstayed any of the times I have visited on my B2 Visa. We have been together for a year - I sent pictures/letters/emails in with our forms to proove our relationship is genuine & that we have spent months apart but kept things going etc I am just worried that the wheels will grind too slowly and I will be stuck in the UK waiting to hear something... maybe have to postpone our wedding etc.

I am also concerned as I read that most K1's are filed when the fiance/ee is not actually in the US - also can anyone give me any information on the medical exam, further paperwork/forms & interview that is to be held at the consulate of your country?

thanks again

Hi

- I'm new to this forum but like the rest of you are struggling with K-1 (I-129f) application!! My fiance (who is American) and I (English) filed independenly in January of this year, but due to 2 internal administration errors at the Service Centre our case was untouched until late March.

I have been in the US on a B2 visa since Dec 06, but have to leave by July 1st. We, perhaps naively, believed we filed in good time (6 months!) but are not unsure if we will be able to go ahead with our planned Sept 22nd wedding. As I have used up my 'time slot' for 2007 on my B2 visa I will not be able to return to the US until I get the K1 visa from the consulate in London.

I was wondering if any of you had had any sucess filing without using an attorney/immigration lawyer!? I am now considering seeking legal help to push our case forward - it would be great to get some information or tips from anyone who has used a lawyer to help their case - Any information would be greatfully apreciated!!

Thanks in Advance