Darth Homer

Hi. I'm a UK guy who's been engaged a month to my fiance in South Carolina. I stumbled across this site while doing research into marriage based visas. We're planning to get married in July, 2005, so I was hoping to get some advice on when we should send the first forms off.
The K1 visa seems to be the best option, as we don't want to spend any time apart after the wedding. I've heard that the Texas center, which covers the state my fiance lives in, is one of the slowest for approving petitions. However, I don't want the application started too soon, because I hope to carry on working in the UK as close to the date of the wedding as possible.
Also, I've heard that once the application process is started, it's possible to be denied entry into the US on a visa waiver. Can they really stop people visiting their fiances? Thanks for any help!

mcjimbo

Hi Darth,

I asked the same question as you when I was at the outset of this process and got mixed responses. I wanted to file my fiancee visa last July 2003 to be ready in time to get married July 10 2004.

I'm going to give you my calculations and they aren't final, but should give you some idea.

My fiancee is a procrastinator and we didn't end up filing until the beginning of September (2nd to be precise).

We got our first Notice of Action (NOA) on the 8th of September and I have been waiting ever since for the 2nd NOA to say it will be approved. We expect to have this in the next 30 days, as we are now at day 152 and Nebraska Service Centre give 150-180 days as a guide for getting your 2nd NOA.

After its approved the U.S. end it takes up to 2 weeks to get to London. At which time they send you Packet 3 (UK paperwork). You then need to send that back, and from what i've seen it can take 1-2 months until you finally get an interview for your K1.

So if you take all this into account, worst case scenario your looking at 8-9 months to actually get a K-1 stamp on your passport. In our case we are cutting it pretty fine for our wedding which is July 10th.

So my advice to you is to get the paperwork together sooner rather than later.

Once you've been issued the K-1 you still have 6 months in which you can remain in the UK from the dates it issued. Then when you enter the U.S. you don't have to get married for 90 days. So you've got a lot of flexibility once you've got the damned thing.

If I was you I would file for your K-1 12 months before you plan on leaving the UK. That way you've got some flexibility in case you screw something up, or there are extreme delays. Nebraska our service centre is notorious for being the slowest, so its worth checking on what the average processing times are for Texas.

Another website you might find useful is:

www.visajourney.com

Hope all this helps. By the way i've put together a rough K-1 timeline which you may find useful:

http://www.angieandjames.com/k1/k1.htm

Hope this all helps,

James

MarDae

Just some things to think about...

Once the visa is issued it is valid for entry into the US for 6 months
Once in the US you have 90 days in which to get married

Just remember, the K1 is only good for one entry.

This isn't really advice as much as it is just FYI, there is some flexibility built into the K1, it just might mean spending more time apart to wait to get to your planned marriage date. Personally...my husband (then fiance) only had the visa a couple weeks before he came into the US and just after a month after it was issued we were married. We are planning a large ceremony with friends and family in July 2005 as well We had a small civil ceremony with just our parents this time. I've noticed a lot of couples seem to have two ceremonies... at least it's not uncommon here.

Just wanted to give you some food for thought.

Best of Luck what ever your decision!!

MarDae

Bluegrass Lass

Hello, Darth and welcome to the group. Feel free to ask us questions anytime because someone can usually answer it.

The questions you are asking are very hard to answer. Essentially, trying to "time" things are very difficult because USCIS Service Centers can speed up or slow down at any time. Right now, I believe that Texas is saying 150-180 days. However, that could change any time. My fiance and I just got approved at the beginning of Jan. after 144 days at Texas. You could use this as a basis, but it will not be accurate. Length of processing time could also depend on any complications in your case. For example, you could receive a Request for Further Evidence (RFE) which could delay your case being approved by at least 2-4 wks give or take. An RFE could be for something like not signing the form, not having the right birth certificate, need additional proof of having met,etc. Also, if you have any visa overstays, deportations, bans, criminal convictions, etc, this could also affect how long it takes. If you have any overstays, deportations, etc, you will most likely be required to file a waiver (this is once your case reaches the embassy) which could take quite a while to approve.

I tend to agree with mcjimbo somewhat, in saying that if you want to be wed in July '05, you may want to apply for the K1 by July of this year. As others have said, just be aware that once the K1 is issued to you, it's only good for 6 months. So that would mean, that if got through faster than usual - if you got the visa in the beginning of Dec '04, you would need to use the K1 by the beginning of June. They very, very rarely extend the 6 months.

As for visiting while the K1 is pending, that is just as subjective as predicting timelines. Even without filing the K1 petition, you could be denied entry. Some people have no problems, and others have. You should bring plenty of evidence proving that you intend to return to the UK. Like an employer statement, lease/mortgage agreement, bank/credit card info, etc. My fiance came to visit me twice while the K1 was pending, was never asked for the evidence proof, and entered without a problem. He specifically told them he was here to visit his fiance and make wedding arrangements. However others have been turned back and forced to go back home. The final decision is all up to the Immigration Officer. Number 1 thing to remember is to NOT lie to the Imm. Officer - they will know that you have a K1 pending.

Hope this bit of info helps, Darth.

Cheers,
Jamie

Steffi

I think the others already gave you some excellent information. I'll just add my personal experience on to that as I also went through Texas.

My (then) fiance and I sent off the I-129F application in the beginning of January. At that point processing time was said to be 60 - 90 days. We had calculated that I would be done with my degree sometime in June/July, so we figured with the 60 - 90 days processig time I would get my visa so that we could get married by July 26th. Unfortunately when the 90th day rolled around the USCIS had changed the days to 150 - 180! We didn't end up getting the approval until June 12th (152 days). From the time of approval to the time we received packet 3 from London it was around 3 - 4 weeks. Then it took about another 7 weeks until I had my visa interview (though I have to add that there were some delays on my behalf during that time). So basically from time of filing for the K1 to receive the visa in hand it took about 9 months. Note though, like others have said, that every case is different and you can't count on your case being the same.

As far as visiting your fiance while the visa approval is pending goes: I was in the US when my fiance filed the petition for me. I then again came to visit him a couple of months later without any problems. I was being a little naive and didn't take any evidence with me that I had to return to the UK (I hadn't discovered this helpful forum at that point), but thankfully had no problems. If you decide to do this definitely take evidence with you that shows that you have to return to the UK (as mentioned above, things like employment letters, bills, etc).

Best of luck to you and yours with this process. And remember we've all gone through frustrating times...so we'll be here to help you through them when you need to vent!

Darth Homer

Thanks for the info everyone
I'm actually visiting my fiance at easter, so I think maybe we could go over the forms while I'm there and then she could start the application process after I return to the UK, which would seem to work out quite well with the timelines I've been hearing, hopefully.
Cheers!

Darth Homer

Just an update:
We sent our K1 visa petition on August 17th, and it was approved September 15th! That was a lot faster than either of us expected, especially from the TSC. Now I'm waiting for London to receive the petition and send me the forms. One small hitch, though. I've already booked a flight to visit my fiancee at Christmas, when I expected the petition to still be awaiting approval. Now it seems likely I'll get an interview date during or even before my trip! I don't want to sound ungrateful, since I know how many people have been waiting a long time, but does anyone know if it's possible to reschedule an interview date due to prior commitments? I get back from my holiday January 8th, and the notice of approval expires on January 15th, so it's going to be cutting it close.

mcjimbo

Yes its definately possible to reschedule. Just attach a letter when you send back Packet 3, explaining you would like to delay your interview until X date. Don't give them one date though, I would give them a range... for example say January 1st through to February 10th and after. Hope this helps.

James

Darth Homer

Thanks. My fiancee just told me she got a letter from the NVC saying they'd received the approved petition, so I should be getting the infamous packet 3 pretty soon!