Scot1

Hi all,

Was looking for some advice regarding a K1 visa.

Just wondering if anyone who has been through this process would advise using an immigration attorney to complete the visa process?

I appreciate it depends on various circumstances but I feel our application should be relatively straight forward. My girlfriend is a US citizen and we have evidence to prove our relationship is genuine etc

Any advice would be appreciated!

Cheers
Neil

Noorah101

Welcome to BE.

You typically don't need an immigration attorney unless you have some kind of criminal history, prior immigration problems, or feel you can't understand the forms or the process on your own.

Rene

COSPhil

Definitely don't need an immigration attorney to complete a K1 except if you have "strange" circumstances.

I would highly recommend a read through this forum, and also the Wiki.

Essentially the first step is to pull together you're I-129F. You mention girlfriend, but of course that will need to be fiancee.

Your location is listed as New York, I assume it is infact the UK?

jeffreyhy

It depends on your personal preferences and the details of your situation.

The uncertainty indicated by your post makes it advisable for you to have a consultation with an immigration attorney, which should provide you with the information you need to decide if you want to retain an attorney.

Regards, JEff

penguinbar

I can recommend a very good immigration attorney in NY if you'd like a consultation.

Doug Lightman.

www.lightmanlawfirm.com

Scot1

Thanks for the welcome and advise guys.

My circumstances currently are that I live in the NY with my girlfriend. I was on an H2B visa which expired in November. However, I applied for an I-539 - application (prior to H2B expiration), to extend my nonimmigrant status (for 90 days). This application is still under process with the USCIS.

As we have no 'strange' circumstances etc. However, the visa instructions mention an Affidavit (to prove that my fiance will not become a public charge) and "applicants must prove there are no legal barriers to prevent the union".

I presumed an attorney would have to draw up these legal documents?

Can we obtain these documents without having to have an immigration attorney?

Thanks again for your input.

Noorah101

Why don't you guys marry now and do an adjustment of status, instead of the K-1 visa? That way you don't have to leave the USA. If you consider doing this, then I do suggest a consultation with an immigration attorney prior to getting married and filing AOS.

Not "strange", but your current situation is a little bit of a concern, in that you're in the midst of changing status in the USA. Not a bad idea to consult with an immigration attorney at this point.

Yes, if you do the K-1 visa this is form I-134. If you do an AOS, it's form I-864. Both forms can be found at www.uscis.gov. Read up on them and see what that all means. Are you worried that your fiancee won't meet the income requirements?

No...there are no documents for an attorney to draw up.

I don't think there are any such documents.

Rene

jeffreyhy

The affidavit is to prove that you, not her, will not become a public charge. In as much as you appear to be legally present in the USA as a non-immigrant, but your time is running out, I again suggest a consultation with a US immigration attorney. You might be in a position to adjust status (following marriage in the immediate future) rather than leaving the USA and applying for a K1 visa.

Regards, JEff

COSPhil

I agree with Rene, the best option for you is to consult a NY based immigration attorney.

I would strongly suggest a quick courthouse civil ceremony and following an Adjustment of Status process without leaving the United States.

To do a K1, you would not need an attorney as you have no really outstanding circumstances.

You would need your fiancee to submit a I-129F petition for alien relative (fiancee) via the Dallas Lockbox. There is a fee for this and it will require a UK (or non-US) address for you. I believe you could do this via Canada if you wanted to go to Canada for a little bit when your extension runs out.

Once approved (officially 5 months waiting time, you would likely go through Vermont Service Center which is the slower of the two currently), you would then apply for the K1 visa itself.

The affadvit mentioned is the financial support document to show that your fiancee can support you.

All of these documents are freely available via the USCIS and subsequently the relevant embassy (usually London, but in your case possibly Ottawa might work as your fiancee could visit you over the border if you live in Western NY state).

However, of course there are fees for submitting the forms.

"Best" case scenario for what is written here, is consult an immigration attorney and go for Adjustment of Status within the US following a quick civil ceremony. You can always do a bigger celebration later.

Whatever you do, do not over stay your legal status in the USA.

Noorah101

The OP might be able to go to Canada "for a little bit", but he'd be a visitor there and probably can't stay long enough to get through the whole 8-month or so K-1 process. So going to Canada probably is of no use to the OP.

If the OP does have a legal way of staying in Canada for the duration of the K-1 process, then at the end he has 2 choices for the K-1 visa interview: Vancouver or Montreal.

I agree in general with this statement. However, it should be mentioned that if married to a USC and filing AOS, overstays are usually forgiven by USCIS. So if he marries and files AOS rather soon-ish, if he ends up with a bit of an overstay, it will likely not be a problem.

Rene

COSPhil

On the Canada issue, you're right this is not a long term possibility, although if under 30 an IEC visa is a possibility for Canada.

Canada should allow a 6 month visit for a UK passport holder. Bear in mind that visiting the US would be a struggle from Canada as the ETSA clock is not "re-set".

Complex, but I would go AOS route if I was you.

jeffreyhy

You don't know that. You know only that he thinks he has "no 'strange' circumstances etc.". And yet, he is in the process of extending an expired status with no determination made as yet.

Regards, JEff

Noorah101

Also, Canada has the right to refuse him an interview, if he is only visiting there. They have the right to ask him to go have the interview in his home country. In my humble opinion, not worth all that effort.

Either do AOS from inside the USA now, or go back to the UK and do the K-1 visa. Or, get married now but return to the UK do get an Immigrant Visa.

Rene

ian-mstm

Bottom line... if you want to remain in the US, get married now and file for adjustment of status. Whatever else you do, don't leave the US. As long as you're in the US you have options; once you leave, your options dwindle considerably. I suggest you don't go to Canada.

Ian

Scot1

Hey guys,

My girlfriend and I have already applied for a K-1 Visa. This has been approved by the USCIS and this is the email confirmation we got:


'On January 4, 2013, your I129F, PETITION FOR FIANCE(E) was approved. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the approval notice is mailed. If you do not receive the approval notice within 30 days, please call customer service at 1-800-375-5283 for further assistance'.

So, I planned to go home over the next few weeks and then continue with the K-1 visa process whilst back in the UK.

As we are not to concerned about the processing time and the fact that I am going back to the UK (as I have to sort out my finances back home), do you still suggest that it is not a good idea that I actually leave the US?

We just want to do everything by the book. Will leaving the country possibly jeopardise or have a detrimental affect on the chances of our K-1 Visa being approved?

Also, I have applied for an application to extend my H2B working visa which expired in November, as previously mentioned. This visa extension is currently still with USCIS pending a decision. Should I be worried about this? Because according to USCIS 'even though you are not actually in a lawful nonimmigrant status, you do not accrue 'unlawful presence' for purposes of inadmissibility under section...' The way I perceive that statement is that It's okay for me to be in the US until they make a decision on my extension?

Getting a little worried now, as I though we were doing things correctly!

Many thanks