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Hi again Andrew and Kathy---
Can you give us some more details on your situation, such as, where are you both right now? You mentioned that your parents live in the States? Not trying to be nosy, but I'm a little confused by some of your questions and how it relates to your situation.

~SecretGarden

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Kat is in California right now i just came back on the 28th of feb from a three week trip to see her so i am in the UKright now this is also when I took her to meet my father and step-mother. My mother and father divorced when i was 7 and my dad moved out to the California on a work visa which he changed to PR status a long time ago he re-married my step-mother when i was 14 its just coincidence that he and Kat live in the same state. If you want to know more i will be happy to talk in PM or Email.

If i go out to the US on a K-1 visa and i am allowed to work for the duration of that visa, during the time that i submit my application for AOS is there any point where they would make me stop working?

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Andrew

From the Captain:

Yes, once you are a PR you can join the Guard/National and/or the Guard/State, your choice. Note, the Captain said that once you join after you become a Permanent Resident you will be asked to sign a paper stating you are willing to become a US Citizen. The National Guard means you stand a very good chance of being sent overseas. Once overseas you can fast track to citizenship. State Guard militia are assigned homeland defense and remain stateside unless you chose otherwise.

Rete

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Yes. You will only be allowed to work for the 90 days that the K-1 visa is valid for. After that to continue working you need the one year EAD. With the change over with the USCIS to the new procedure of using the Chicago Lockbox it is hoped that the wait of 3 to 9 months or more for the one year EAD which is applied for after marriage when you apply for adjustment of status will be a thing of the past and that an EAD will be issued within 30 to 60 days after applying.

Also you will need a social security number to be able to work. That is another issue/problem in and of itself.

The rule of thumb in my advice to people is not to come to the US with the "need" to work being a necessary. Plan on marrying within days of entering and applying for AOS asap thereafter and being unemployed for at minimum 90 days and at most 6 months. Thus start saving your money now for the future. You will need it in all probably. And if not, then you have a nest egg for the future.

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Thank you Rete and many thanks to The Captain also, It is my understanding that the reserve forces of the UK and the US work very differently with regards to commitment and duties and that I really need to look into the commitment when I am able to make that decision right now the main priority is filling out this petition and moving to the US :) its good to know that I can contiue in the military when I immigrate.

This is also what I was looking for because I have work available to me when I arrive in the US I would like to be able to talk with them about when I can and cant work once I move to the US

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And then, only if you have the EAD from the POE?

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And one thing, to get the work stamp, JFK is probably one of the only airports that'll stamp you for it.

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From what I have read you can file for an EAD once you are past the POE if they didnt issue one upon your arrival. I am guessing that it is still only valid for the 90day duration of your visa and be doing this you only make the duration of your EAD shorter (if that makes sense)

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Right.
Unfortunately, the processing time for that EAD is about, you guessed it, 90 days.

Some (ie very few) peole have had success at other POEs than JFK or by making an InfoPass appointment and appearing at their local office. Offices already participating in the "lockbox filings" may not entertain your request at all.

Rete's advice re time out of work is a solid, sensible way to plan for the 1st 6 months. Your case may go differently, but it's prudent to plan for the worst case.

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I'd like to add just one more small note. It's much better to apply for your social security number BEFORE you get married, while still in your K-1 unmarried status. So wait about a week to 10 days for your name to be in the "system", apply for your SSN, and then get married and file for AOS as soon as possible. If you wait to apply for SSN after marriage, SS office tends to see you on a different status and thus not eligible for a SSN until you get your EAD....and you don't want that!!

Best Wishes!
Rene

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One BIG question my fiancee has just reminded me about, on the application form I-129F is says that i am not allowed to work in the US/reside in the US while this application is being processed however I may come for a really long visit while the petition is being processed as long as I return to the UK for my K-1 Interview and return to the USA on the K-1 Visa

My fiancee would like me to go visit once the I-129F is submitted and stay until I am needed to go the the US consul for my interview on the Visa Waiver Program we understand that I will not be able to work and will only have the ability to stay there as a visitor before i return to the UK on a K-1 visa

If we were to do this I would have to give up my appartment and move back in with my mother until my papers were finalised which isnt a real problem but is there any reason why we should not try and arrange this?

If we did this at what point would i need to return to the UK and for how long approx?

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Hi,
You're allowed to come to the US on the VWP to visit, but the maximum stay is 90 days. There are many people here who have come to the US to visit during the processing of their I-129F petition, but if you choose to do this, make sure to bring along documentation that shows you intend to return to the UK after that 90 days. For example, letter from employer stating when they expect you back, rental agreement, bank statement showing current accounts, etc.

Just be aware that any time you attempt to enter, the possibility exists that you could be denied entry. The officer at the POE has the ultimate in decision making power over whether you get in or not, and you must always answer honestly any question asked of you. They are there to determine whether or not you have immigrative intent at the time of your visit. If you are denied entry, you will have to disclose that fact on subsequent applications. And they will know that you have a petition filed.

There have been many threads on this subject in the past---try searching for "visiting while I-129f in process" or similar. When my now husband and I went through the process, we decided that it was much safer for me (the USC) to go to the UK to visit him, rather than him coming here. We just weren't willing to risk it. Hope this helps?

~SecretGarden

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What form was that.. Never seen such a question on a immigration form

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My husband was in the TA's and he recieved discharge papers when he left, in fact, had to provide them along with police certificate and all those other things. As for certification for basic instruction in firearms, he never had one either, and it was not an issuse at anytime during our process, nor at the interview.

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I was wondering which one says "I may come for a really long visit while the petition is being processed as long as I return to the UK for my K-1 Interview and return to the USA on the K-1 Visa"