Stribs

Good evening,

I swear i've read the wiki part and searched the site, but may repeat things that has been said before, Apologies.

The usual background - I'm 27 from the UK, my 'now' Fiance is 26 from the US (I proposed on Sunday, she said yes... wooo!)

Now all the congrats and all that jazz is over, the reality has set in... It all starts now. Overwhelmed with all the letters and numbers together (I-129F, I-130, K1) trying to piece it together.

All im looking for is a 1,2,3 process. So far I have:

1. My girlfriend/Fiance (US) Applies for an i-129F form. This gets approved.

2. I get a letter in the UK saying to fill out a K1 application. This gets approved (Over a period of time and money)

3. I get told to get a medical. This gets approved.

4. I get an interview date/ Have interview. This gets approved (I get my passport back)

5. I have 6 months to go to the US, once in the US I have 90 days to get married

6. Once married I apply for an AOS (before my 90 days are up) and this gives me something which I haven't worked out.

We have been flying back and fourth from each country, also lived in Australia for a year so we could live and work together. Every time I come to the US I get grilled downstairs, stating I have abused the VWP by coming to the US too often for too long, but eventually love prevails and I get in.

If anyone can fill in the gaps from my process and maybe elaborate on what each entails.

Also please redirect me if this process is dumbed down somewhere else.

Many thanks

civilservant

to BE.

You've essentially got it right, except to add that after applying for AoS (assuming its approved) you will receive a Green Card which will need its conditions removed after 2 years.

And the visa will be valid for 6 months from the date of the medical, NOT from the date it is approved. So if you were to have the medical 3 months before interview you'd only have 3 months to enter the US - and then the 90 days to marry etc.

I know the hole process can be overwhelming. My advice? Read, digest, read again, digest again, THEN use the search function or ask questions!

Welcome to the world of US immigration

Stribs

Thank you.

What a world.

My biggest concern is when does the proof of earnings come in to play? The last 7 years of my life I have temped in offices for 4,5 months and then travelled for 6 months (Rinse - repeat), and now with going back and fourth to the US hasn't helped the cause.

So If we want to live in the US, where she lives, do I need to show I have enough to live or does it then go on her earnings?

Thanks again.

Speedwell

Stribs, the proof of earnings is all on her side since she needs to prove that she, or another US citizen, can guarantee that you won't be a public charge for the first 10 years or more (depending on your work history) of your permanent residency, or until you become a naturalized citizen. Your income is not considered for sponsorship. If you have shared assets (particularly shared marital ones) that can be liquidated without hardship (i.e. not your only home or car) then you might be able to use those as part of the requirement.

Assuming she does not use assets to qualify, which is hard to do, she only needs to show that she makes 125 percent of the poverty level, and she'll use her tax returns or official statements from her job for that. She will need to show that she's made that amount for at least several months. If she can't do that, she can opt to have any other US citizen who does meet the financial criteria stand sponsor for you. When you get to that point, we can go over the forms with you, or you can read ahead in similar forum threads.

This advice is for a marriage visa; the fiance visa might have different requirements (my husband and I chose the marriage visa because we were able to get married in the UK). Congrats on your engagement!

Stribs

Thanks Speedwell, we are definitely trying to enjoy this time before really getting our teeth into this.

So happy to find this place, there are others out there!!

Obviously the excitement of planning for the wedding is our next step, and in order to do this, time frames are needed. I read the i-130 form journey thread which was really interesting seeing the different times.

If someone could look at my first 5 steps and separate them into general time frames, or again direct me to where I could find them.

Thanks

Noorah101

Hi and Welcome to BE!

It's REALLY best NOT to make time frames, other than vague ones which say the K-1 visa process takes around 8 to 10 months to complete, then you have 6 months from the date of the medical to enter the USA, then you must marry within 90 days of entry.

Don't make any wedding plans that can't be changed, and don't pay any fees or money towards a wedding that can't be refunded. There is no way to predict with exact certainty when your wedding date will be, UNTIL you have the K-1 visa IN HAND.

As for the steps, something like this:

Step 1: About 4 - 6 months for I-129F approval.
Steps 2 - 4: About 2 - 4 months for the K-1 application, medical, and interview.
Step 5: Enter USA within 6 months from date of medical, get married within 90 days of entry.
Step 6: There's no requirement to file AOS within your first 90 days, but of course better to do it sooner rather than later. The AOS process should take about 6 months from filing AOS to interview.

Rene

Stribs

Thank you so much for the responses. Every one is filling in a huge scary gap we have been thinking about over the last 2 days.

Luckily were not attached to any dates coming up any time soon.

So it's best to get the process rolling as we don't have to worry about marriage for another year?

I'm currently in the US just visiting till January, does it affect anything where I am whether she can apply?

Noorah101

If you want to do the K-1 fiancé visa, the I-129F can be filed now.

Another option is just to go ahead and get married now, while you're in the USA, and then do a spouse Immigrant Visa. Same time frame (8 - 10 months), but the advantage is you become a US PR upon entry to the USA using the Immigrant Visa...no need for AOS. You'll have to spend the beginning of your married life apart, though, if you go this way...some people don't like that idea.

Nope, makes no difference.

Rene

RICH

Strebs, your thread caught my eye because it is almost exactly 10 years since i got engaged to my American gf and started the K1 process. The following is extracted from my extended signature - my own timeline back then. Not to be considered definitive, just an example.

I29f submitted Late December 2003. [square brackets =info I added now, to clarify the secret codes!]

K1 2004:
6 Jan NOA1 (TSC)[I29f receipt from Texas service center]
25 March NOA2 online [Approval]
2 April NOA2 in mail
5 April Applied for UK police report
17 April PKT 3 in mail [K1 instructions]
4 May PKT3 sent back
11 May PKT4 received [interview appointment]
30 May Police report arrives
15 June London Interview - Visa Issued
25 June POE Detroit en route to Tampa
1 July Applied EAD
15 july Applied SSN
;;;recieve SSN
6 August Wedding

Stribs

Interesting, after an hour and a half of interrogation coming into the country, there last words were "You cannot work, or get married"

He seemed very strict about this. (Although I feel getting a wedding together in a month and giving the family very short notice may not go down well)

At what stage am I legal to work in the US?

Unfortunately this has been a part of our relationship. I hate skype!

Stribs

Hey Rich!

Happy 10 year anniversary!

I hope in 10 years time I can find some poor, confused romantic hoping to live with his American girlfriend and help!

It seems your process went quite smoothly and quite fast, do you think it's changed a lot in 10 years?

When does the police report come in, haven't seen that come up yet? (Shouldn't be a problem as far as i know)

RICH

I think the thing to remember is, the steps occur in the order I described, but, the time each step takes is a variable. It may be smooth, but it will seem endlessly drawn out, whatever happens.

Enjoy the ride

Not much has changed since then.
Police report is needed prior to medical which is prior to the Embassy interview. Mine took much longer than it should - it got lost or something, but was clean.

Noorah101

He was wrong...or rather, what he meant was, "don't get married and then remain in the USA and apply for an adjustment of status". It's perfectly acceptable to get married on this visit and then return to the UK for Immigrant Visa processing.

As I said, it's not for everyone. But lots of people have a courthouse wedding just to get legally married, do the Immigrant Visa process, and then have a "fancy" wedding with all the guests invited. No one needs to know you actually got married nearly a year ago.

It depends which visa you get. If you go the K-1 route, you will have work authorization about 60 - 90 days after you file AOS (after you arrive in the USA and after you get married). If you go the Immigrant Visa route, you will be work authorized from Day 1 in the USA after arriving on the Immigrant Visa.

You can see my K-1 extended timeline in my signature line, but we didn't go through London, and my fiancé had extra security checks, so ours took longer. And, we didn't have Skype back then either...or even a computer...we spent 12+ months apart with just phone conversations to keep us going. Immigration can frustrating, but worth it to be with your loved one forever.

Rene

Stribs

I have asked questions elsewhere and all I get is "Look on the internet, it's easy"... I find information, but coming from it from a fresh perspective is daunting and hard to digest (Read, Digest and read again is the best advice so far)

So thank you again for all the help. My fiance is at work and I can bombard her with all this when she gets home. Im getting excited about starting the process but not sure she'll come at it with the same enthusiasm.

Can you enter the US whilst either the I-129 or K-1 are pending as a visitor?

Stribs

Thanks Rich

I was taken into the drunk tank one night, i had to pay an £80 fine and never went to court. Does this stuff ever show up?

(I was wrongly accused of head butting someone, I don't even know how to do that!)