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American girlfriend>English boy (me)>marriage....

American girlfriend>English boy (me)>marriage....

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Old Dec 4th 2013, 5:39 pm
  #31  
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by jeffreyhy
Some points of clarification to ensure that you understand correctly how the parts fit together:

You US fiancee does not apply for an I-129f form. She uses an I-129f form to petition the US government to recognize you as her fiance. This recognition qualifies you to apply for a K-1 visa.

You will be applying for a non-immigrant visa in the K-1 category. The application will not be approved (or denied) until after you have completed steps 2 and 3.

You need to have a medical exam as a part of your K-1 visa application. You must have the medical exam before you can have the interview. The medical exam is not something that is approved or denied, it provides the consular officer with the information they need to know to determine whether or not you are inadmissable to the USA for medical reasons.

After you have submitted your visa application (form DS-160) and your medical exam report has been submitted to the consulate by the Panel Physician (the US approved doctor who performed your exam). Like the medical exam, the interview does not get approved or denied, it gives the consular officer information they need to determine whether or not your visa application can be approved.

Yes.

Ideally within 90 days of entry, but not necessarily. What this gives you is conditional status as a Permanent Resident of the USA for a period of two years. During the 90 day period prior to the expiration of your two-year conditional status you petition to have the conditions removed and your Permanent Resident status be made 'permanent'.

Regards, JEff
Thank you foe the clarifying points. (Which may have confused me a little bit, but will keep reading to try and simplify it for myself)

My fiance came home and was overwhelmed with the help and progress we had made in. Day.
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Old Dec 4th 2013, 6:39 pm
  #32  
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Default Re: American girlfriend>English boy (me)>marriage....

This one should have read, "after you have completed steps 3 and 4". Too late for me to edit and correct now.

Regards, JEff
Originally Posted by jeffreyhy
You will be applying for a non-immigrant visa in the K-1 category. The application will not be approved (or denied) until after you have completed steps 2 and 3.
Originally Posted by Stribs
Thank you foe the clarifying points. (Which may have confused me a little bit, but will keep reading to try and simplify it for myself)
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Old Dec 5th 2013, 10:13 pm
  #33  
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Default Re: American girlfriend>English boy (me)>marriage....

Ok... With all this new found information, let me have a stab at this again (With questions where needed)

1. So basically it's just worded different, not 'appying', just 'using' an I-129f form to make the US Government/people who need to know that I am her fiance.

2. I receive Something in the UK through the post to tell me 'they' recognise me as my Fiances' fiance. This then allows me to fill in the K-1 form (Are there different variations of the K-1 as you specifically said the Non-immigrant type?)

3. This is where it gets a bit hazy, as im not sure how I then get acknowledgement to go and get my medical, then how I get a date to have an interview at the US Embassy with my medical info. if anyone could fill this bit in.


We have a friend who is loosely involved with US Immigration and he first mentioned the I-130 form. From what I have read this seems to be more for getting relatives over. Can anyone give a brief description of the difference?

Thank you
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Old Dec 5th 2013, 10:19 pm
  #34  
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Default Re: American girlfriend>English boy (me)>marriage....

1. Yes
2. The consular section in London will notify you that they have received an approved petition from USCIS and you may now apply for a K-1 visa. The application itself is a generic nonimmigrant visa application, but there are additional forms and documentation required to go along with it specific to the K-1 situation.
3. You should go to the visas section of the web site of the US embassy in the UK and start reading. The K-1 can be a bit confusing as it's a nonimmigrant visa but much of the information will be on the immigrant visa pages.

Regards, JEff
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Old Dec 5th 2013, 10:21 pm
  #35  
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by Stribs
1. So basically it's just worded different, not 'appying', just 'using' an I-129f form to make the US Government/people who need to know that I am her fiance.
Yes. The USC submits an I-129F form plus all the required backup documentation to USCIS. It takes several months for this to get approved.

2. I receive Something in the UK through the post to tell me 'they' recognise me as my Fiances' fiance. This then allows me to fill in the K-1 form (Are there different variations of the K-1 as you specifically said the Non-immigrant type?)
The "something" you refer to is the USCIS Notice of Action indicating approval of the I-129F petition. That comes in the mail to the USC, not to you in the UK. After that, you will be notified (probably by email) to begin the visa application process. No, there is only one variation of the K-1 visa. The K-1 is a non-immigrant visa, but the applicant has immigrant intent, so it's kind of a hybrid visa.

3. This is where it gets a bit hazy, as im not sure how I then get acknowledgement to go and get my medical, then how I get a date to have an interview at the US Embassy with my medical info. if anyone could fill this bit in.
You will be notified after the approval of the I-129F. There are applications you will need to complete. Once you have your LND case number (after I-129F approval), you can book your medical exam yourself. The consulate won't give you an interview date until they have your medical results in hand. You will also need a UK police certificate in hand prior to your medical date; you will need to take a copy of it with you to the medical exam.

We have a friend who is loosely involved with US Immigration and he first mentioned the I-130 form. From what I have read this seems to be more for getting relatives over. Can anyone give a brief description of the difference?
In the realm of marriage-based visas, which is what you are doing, an I-130 is the petition a USC files in order to begin the Immigrant Visa process for a foreign spouse.

Since you aren't married yet, you aren't doing the spouse Immigrant Visa process. So you won't be using an I-130.

The equivalent of the I-130 for unmarried folks is the I-129F, which results in a K-1 fiance visa.

Rene
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Old Dec 5th 2013, 10:37 pm
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Default Re: American girlfriend>English boy (me)>marriage....

Okie doke.... It's good to understand the a.b.c process, and now I can look into each step a lot further in depth.

These embassy websites do not describe things simply, and are not the easiest places to navigate.

Thank you for the I-130 info.

The most unfortunate thing, is we are looking for a warm wedding. To get this into the possible time frame that the visa could be settled means we have to wait quite some time to even start the process. Tough when all this wedding stuff is so new and exciting and need to calm it down for a bit. Sigh.
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Old Dec 5th 2013, 11:12 pm
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by Stribs
The most unfortunate thing, is we are looking for a warm wedding.
Just so you know well in advance... once you marry and file the AOS (adjustment of status) paperwork to get your green card, you won't be able to leave the US without your AOS being deemed abandoned. To avoid this, you'll need to apply for Advance Parole (A/P) which will take about 60-90 days to get after you submit the AOS paperwork. If you leave the US before you get A/P, you won't have a way to get back into the US and you'll have to start over again with a spouse visa... and that'll take about 8-10 months.

I only mention this because you won't believe the number of people who come to the US on a K-1 visa and plan an immediate honeymoon to Mexico or Tahiti or someplace else exotic. Indeed, I remember a case where a young couple got married in Niagara Falls, New York and then walked across the Peace Bridge to Niagara Falls, Ontario for lunch... and upon return, the spouse wasn't allowed back into the US. So, plan accordingly!

Ian
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Old Dec 5th 2013, 11:18 pm
  #38  
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by ian-mstm
Just so you know well in advance... once you marry and file the AOS (adjustment of status) paperwork to get your green card, you won't be able to leave the US without your AOS being deemed abandoned. To avoid this, you'll need to apply for Advance Parole (A/P) which will take about 60-90 days to get after you submit the AOS paperwork. If you leave the US before you get A/P, you won't have a way to get back into the US and you'll have to start over again with a spouse visa... and that'll take about 8-10 months.

I only mention this because you won't believe the number of people who come to the US on a K-1 visa and plan an immediate honeymoon to Mexico or Tahiti or someplace else exotic. Indeed, I remember a case where a young couple got married in Niagara Falls, New York and then walked across the Peace Bridge to Niagara Falls, Ontario for lunch... and upon return, the spouse wasn't allowed back into the US. So, plan accordingly!

Ian
That is a great little added note. How long does the parole allow you?

Great little story about the Niagra couple, poor guys!
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Old Dec 5th 2013, 11:19 pm
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Default Re: American girlfriend>English boy (me)>marriage....

How long does the parole allow you?
There is no defined limit, but the trip must be temporary in nature obviously.
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Old Dec 5th 2013, 11:52 pm
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Default Re: American girlfriend>English boy (me)>marriage....

So if all went the quicker than longer scale (The 8 month mark) we could be good by August starting now?

Not looking to book anything. Just get a gage.

Is it essential to get a lawyer to make sure you have all the correct documents or are their free thorough guides online?
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Old Dec 6th 2013, 12:01 am
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Default Re: American girlfriend>English boy (me)>marriage....

I found this very helpful as a guide for others who are trying to find the best places for information....

http://britishexpats.com/mediawiki/i...1flowchart.jpg
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Old Dec 6th 2013, 12:28 am
  #42  
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by Stribs
So if all went the quicker than longer scale (The 8 month mark) we could be good by August starting now?
If you can file the I-129F in December 2013, you're looking at about August - October 2014 to get the K-1 visa in hand. Don't forget, you will have around 4 or 5 months to enter the USA after you get the K-1 in hand, so you can even postpone entry the USA, and then you have 90 days to get married after arrival...so if your heart is set on a warm wedding, you can probably use those time frames to adjust your schedule. Of course that would mean not being together ASAP after you get the visa.

With immigration, you really can't say "I want....", you have to say "I hope for....". And then be pleasantly surprised if it happens the way you'd hoped.

Not looking to book anything. Just get a gage.
Definitely don't book anything until you have the K-1 visa in hand.

Is it essential to get a lawyer to make sure you have all the correct documents or are their free thorough guides online?
A lawyer is not essential. Many of us on here (myself included) did the whole K-1, AOS, removal of conditions, and naturalization processes all without a lawyer. However, many people feel more comfortable having a lawyer. The choice is yours.

Rene
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Old Dec 6th 2013, 12:38 am
  #43  
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Default Re: American girlfriend>English boy (me)>marriage....

I feel there's so much information here and elsewhere that should answer all questions.

I am trying to find a step by step guide on how to fill in these forms. The guides on the embassy just tell you if you are eligible to.

I have just read your extended timeline. Quite the last 6 years you've had. Congrats on your citizenship. Hope you are enjoying life in the US.
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Old Dec 6th 2013, 12:50 am
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by Stribs
I feel there's so much information here and elsewhere that should answer all questions.
Yes, there is.

I am trying to find a step by step guide on how to fill in these forms. The guides on the embassy just tell you if you are eligible to.
There isn't really a step by step guideline on filling out the forms, because everyone's information will be different. Just download the forms you need and fill them out by answering all questions at face value and honestly.

You will also be researching different places at different times, because it isn't the same agency that handles the entire process. USCIS is where you first need to look (www.uscis.gov) for the petition process. The next step (the visa process) is all on the US Embassy London website. Other than those 2 places, come on back here to verify whatever you're learning.

I have just read your extended timeline. Quite the last 6 years you've had. Congrats on your citizenship. Hope you are enjoying life in the US.
Thanks! It's been10 years since we first started the process, but the K-1 to naturalization took a 6-year chunk of it. It's my husband who is the immigrant. It was a long process, but not difficult. Everything went smoothly for us, and he's loving life in the USA.

Rene
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Old Dec 6th 2013, 1:18 am
  #45  
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Default Re: American girlfriend>English boy (me)>marriage....

Originally Posted by Stribs
So if all went the quicker than longer scale (The 8 month mark) we could be good by August starting now?

Not looking to book anything. Just get a gage.

Is it essential to get a lawyer to make sure you have all the correct documents or are their free thorough guides online?
You are looking at a free thorough guide. No lawyer is required. And yes. August is possible, but you cannot count on it.
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