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Fiancee Visa Enquiry

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Old Aug 5th 2008, 2:04 am
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Default Fiancee Visa Enquiry

Hi,
I posted on here last week and now have a much better idea of the way to go about things so thanks for everyone that gave me advice.
I am now trying to find out some further info and would like some more advice!
I currently live in the UK with my partner who has dual nationality. He has not lived in the US since he was about 7.
I plan on going to the US on a fiancee visa, get married and hopefully settle down there.
We are now looking at the details of the K-1 visa. On the US embassy website it says the USC has to initially file a petition on form I-129F and file it at the service centre with jurisdiction over the area he resides, or if they live outside the US then the service centre of where he last resided. As he hasnt lived there since he was 7 where would he file it? and would it still be the same form?
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Old Aug 5th 2008, 3:20 am
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Default Re: Fiancee Visa Enquiry

He will need a US Residence Address, Family is often used.

My first thought is that it would be much easier to get married in UK and apply for what is known on these boards as DCF.

K1 will be longer, messier and more expensive.
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Old Aug 5th 2008, 3:22 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by Boiler
He will need a US Residence Address, Family is often used.

My first thought is that it would be much easier to get married in UK and apply for what is known on these boards as DCF.

K1 will be longer, messier and more expensive.
I agree.

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Old Aug 5th 2008, 3:51 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by Boiler
He will need a US Residence Address, Family is often used.

My first thought is that it would be much easier to get married in UK and apply for what is known on these boards as DCF.

K1 will be longer, messier and more expensive.
His parents have been living in the US for 2 years so he can use that address. Where does he file the form?

I do understand its probably quicker to get married in the UK but due to personal reasons we would much prefer to get married in the US. We are not in a great rush, I have a job & home in the UK and I am aware it could take up to a year but in case we change our minds what do you mean by messier & how much more expensive?

Last edited by fluffy82; Aug 5th 2008 at 3:52 am. Reason: Meant UK not US
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Old Aug 5th 2008, 4:29 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by fluffy82
. As he hasnt lived there since he was 7 where would he file it? and would it still be the same form?
Hi:

You already answered your question -- he files with the Service Center covering his last place of residence in the US. At least he has one.

[On the road in Philadelphia PA]
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Old Aug 5th 2008, 4:52 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by fluffy82
His parents have been living in the US for 2 years so he can use that address. Where does he file the form?

I do understand its probably quicker to get married in the UK but due to personal reasons we would much prefer to get married in the US. We are not in a great rush, I have a job & home in the UK and I am aware it could take up to a year but in case we change our minds what do you mean by messier & how much more expensive?
You have your plan in place to get married in the USA, and you're willing to wait for the K-1 visa. I don't see anything wrong with that plan at all. Don't force yourselves to get married now in the UK if that's not what you really want.

In case you change your minds and want to marry in the UK, you avoid the cost of having to adjust status in the USA ($1,010). You also speed up your process to about 4 to 6 months instead of 8 to 10.

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Old Aug 5th 2008, 8:18 pm
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Default Re: Fiancee Visa Enquiry

Originally Posted by Folinskyinla
Hi:

You already answered your question -- he files with the Service Center covering his last place of residence in the US. At least he has one.

[On the road in Philadelphia PA]
So it doesnt matter that he was only 7 when he last had a US address? Or should we use his parents address, as 'Boiler' suggested that family is often used (even though he has never lived there)?
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Old Aug 6th 2008, 12:51 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by fluffy82
His parents have been living in the US for 2 years so he can use that address. Where does he file the form?

I do understand its probably quicker to get married in the UK but due to personal reasons we would much prefer to get married in the US. We are not in a great rush, I have a job & home in the UK and I am aware it could take up to a year but in case we change our minds what do you mean by messier & how much more expensive?

Change your mind about what? Marriage or immigration? You may have your personal reasons for wanting to marry in the US instead of the UK but the advantages of your entering the US as a Conditional Permanent Resident far outweigh the reasons IMHO.

K-1

1. Enter the US and be admitted to marry within 90 days of entry
2. Apply for social security card
3. Can't work until you have your employment authorization document which you can only file for after the wedding and when you have filed for adjustment of status
4. Fee $1010 plus medical cost for vaccination supplement

CPR-1

1. Enter the US with an approved Immediate Relative Visa issued by the US Consulate in London after submission of the I-130 there and the accompanying documentation required for your interview
2. Get the I-551 (greencard stamp) in your passport at the point of entry
3. Obtain social security card
4. Be free to work immediately
5. Not having to deal with USCIS for one year and 9 months (approximately) when conditions need to be removed
6. Be at least one year ahead on the timescale for being eligible to apply for naturalization since AOS is not required

Your choice.
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Old Aug 6th 2008, 1:04 am
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Default Re: Fiancee Visa Enquiry

Originally Posted by fluffy82
So it doesnt matter that he was only 7 when he last had a US address? Or should we use his parents address, as 'Boiler' suggested that family is often used (even though he has never lived there)?
I don't think it matters - using their address should be fine.

Just suggesting another possible option to you - a quickie legal marriage in the UK, immigrate as an incoming permanent resident with all of it's advantages.

Then get to the US and have the ceremony you desire.

(hope I didn't already say that on your other thread)

Entering as a K-1 can be a real nuisance in a lot of ways. If you want to work, it can be a hassle. As your fiance will not have group medical insurance to add you to, it is almost impossible to get regular medical insurance. Some states will give you a problem getting a drivers license. I just think the status is a bit of a hassle - none of which occurs for a permanent resident.
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