Nutmegger

Arrive on the VWP, get married within the 90 day stay permitted by the VWP, return to the UK for processing of the spouse visa. When you return to the US with your visa, you can work immediately.

OR

Arrive on a K-1 visa, marry within the 90 day window given under the terms of the visa, and stay in the US while your adjustment of status is processed, unable to work initially.

It is either wait to get the K-1 visa before marriage, or wait for the spouse visa after marriage. Going the spouse route enables you to keep earning while the paperwork is processed.

theroon

Great! Thanks nutmegger! Trying to do it the best way.

theroon

Last question! My girlfriend applies for the k1 but she lives in the uk. has no us address. Is that ok?

Rete

No. She must be domiciled in the US to file the I-129F.

ian-mstm

STOP! No. You apply for the K-1. Your fiancée files an I-129F petition to start the process. The forms and terms are not interchangeable.


Yes. Note, however, that the I-129F must be filed to the US. Also, any check for the fee must be drawn on a US bank account... but, for example, someone in the US can write the check and send it to you to include with the petition.

Ian

ian-mstm

Not according to the instructions for the I-129F.

Ian

ian-mstm

Yes - but only if you enter the US with a K-1 visa. From where I sit, you'd be silly to apply for a K-1 visa when you can marry in the UK now and apply instead for a CR-1 visa... but, that's just me!

Ian

Pulaski

No, it's not just you, you're not as unique as you think you are!

Rete

Where did I miss that it specifies that you do not have to live in the US to file the I-129F?

This is what I found:

"Filing the Petition

You must file the Petition for Alien Fiancé(e), Form I-129F with the Department of Homeland Security's Bureau of Citizenship and Immigration Services (BCIS) office that serves the area where you live. See the Department of Homeland Security's BCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.

After the BCIS approves the petition, it sends the petition to National Visa Center for processing, prior to being sent the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e). "

With the exception of the name change to USCIS from BCIS, you still file the I-129F with the service center governing where you live in the US.

Please let us know where you have found differently and where in the USC living abroad files the I-129F in that case.

Rete

It is not just you or Ian. It is downright stupid of the OP's fiancée to file the I-129F to bring him to the US when they can either just come into the US for the purpose of attending their wedding and then return to the UK to file for his conditional immediate relative visa or marry in the UK since they are both UK citizens and then file for his CR visa.

She wants to marry in the US with her friends attending. She can plan the wedding while outside of the US and then just enter for the ceremony and festivities. She does not have to be here to make all the arrangements. She has friends who can help.

theroon

Ok, that settles it! You are all clearly saying that we should marry in the uk and then go for the spousal visa. Thanks again all.

ian-mstm

It's under the section on the filing fee:

"If you live outside the United States, contact the nearest U.S. Embassy or consulate for instructions on the method of payment. "

Clearly, there's no problem if you don't live in the US - so long as the check is drawn on a US Bank as I mentioned, and the form gets filed in the US as I also mentioned.


It's in the I-129F instructions and on the I-129F page on the USCIS web site. It goes to the Dallas lock box.

Ian

Rete

Thank you, Ian

theroon

Hi everybody,

Thanks again for all your help. So, we plan to paper marry in Summer 2018. As soon as we are married we'll complete the I-129F. It says the fees are $530. Does anybody know if there are any additional costs? Also, is it worth paying an 'expert' to make sure everything is in order or is that a waste of money?

Thanks in advance

tom169

USCIS website states $535 for I-129F filing fee.

This is for unmarried people committed to getting married! This isn't for filing after being married. For that it's the I-130.

Generally if you both have a clean record then an attorney isn't needed, but you need to step up on your attention to detail. They would have rejected the petition due to the missing $5.

For the I-129F note that the filing fee is only the start. Expect this to cost up to $5k when factoring in travel costs, visa costs, medical costs, adjustment of status.

For I-130 you can expect similar amounts, minus the adjustment of status.