MDH68

Hi all, apologies in advance as I'm sure this has been asked before but there's so much in depth info on this great forum I was getting a little overwhelmed - I'll keep it short though.

After several years living on seperate sides of the Atlantic (Scotland for me and NY for my girlfriend) we've talked long and hard and decided we want to get married so we can be together. Now begins the difficult process of deciding how to go about it and on which side of the pond to get married and live.

I'm a bit older than her and she has far more family connections plus I enjoy my time in the States a lot so we're looking first of all at seeing if we could do it over there. Am I right in thinking the first step to seeing if I'd be allowed to do so is to get the I-129F and file that, wait a year or so for that to go through the system then if that's all ok get an embassy interview and medical? As I understand it if they decide to let you in you then get a marriage visa (K1?) which allows you into the States for 90 days followed by having to claim for permanent residence after the marriage?

As I say, sorry for rehashing old info, but it seems to be a bit of a minefield of forms! Thanks for any help!

Noorah101

Hi MDH, Welcome to BE.

Basically you have 2 ways into the USA:

K-1 Fiance Visa:
The USC files an I-129F assuming you've met in person at least once within the past 2 years. About 6 - 8 months later you attend a visa interview, hopefully get approved, and come to the USA using the K-1. You must get married within 90 days, and then apply for your green card (adjustment of status, AOS). This involves another fee and more paperwork, plus you won't have permission to work until about 3 months after filing AOS. About 6+ months later, you'll attend an interview in the USA and hopefully be approved for your green card.

CR-1 spouse Immigrant Visa:
First get married, wherever you want to (She will need a special visa to marry you in the UK, but you can get married in the USA on the VWP). After marriage, USC files form I-130. About 8 - 10 months later you'll go to the visa interview and hopefully get approved. When you enter the USA using your Immigrant Visa, you become a Permanent Resident (i.e., get your green card) upon entry, and you are authorized to live and work in the USA from Day 1. No further fees or paperwork necessary for almost 2 more years (don't worry about that part now).

So, those are your two options, assuming you want to live in the USA. Those are very brief outlines. There are paperwork and steps involved in each method. More details are in the Wiki Guide on our site here...search K-1 and CR-1.

You suggested that you guys aren't sure where you want to live just yet, so if you decide on the USA....those are the options.

Best Wishes,
Rene

MDH68

Thanks for the welcome!

Many thanks for the info, seems the K-1 works pretty much the way I thought - didn't know too much about the CR-1 so that's also food for thought.

Read your "K-1 journey" notes - looks like it's an even more complex process than I had ever imagined!

MDH68

Having an in-depth read of the I-129F info again and one part of it which causes a little concern is the "proof of relationship" stuff. Seems they want airline boarding passes and so on but to be honest although I've been over there a number of times in the last few years I don't have those any more - tend to just bin them... I can photocopy the stamps in my passport, provide plenty of pictures of the two of us, maybe a couple of posted letter envelopes with the stamps and post date and location stamp on them or even a phone bill with her number on it perhaps.

How much are they looking for here?

ian-mstm

You don't really need much. The only hard requirement is that you've met at least once face-to-face during the prior 2 years. You do not need to demonstrate an ongoing relationship from day 1 up to the present. A few photos of the two of you together at some recognizable place, copies of emails, cards exchanged, etc.

When it comes down to it... you have what you have.

Ian

MDH68

Thanks Ian, on reflection I have plenty that would hopefully do it - photocopies of passport stamps, emails, loads of photos of the two of us taken on both sides of the pond, phone bills that show the ludicrous amount I've spent calling her, at least four flight itineraries, couple of envelopes from one place to the other... could only help to send plenty I suppose.

Noorah101

Don't send TOO much, either, though. What you listed is fine. Especially the photos of you together, plus passport stamps and flight itineraries. You say you have photos from both sides of the pond, so she must have her own passport stamps as well to show she's been to see you.

Don't judge your K-1 journey by mine! Mine was not with a UKC through London...yours will be a breeze compared to mine!

Rene

meauxna

Choose items that prove you met in person w/in the past 2 years; that is the threshold you need to cross right now.

MDH68

Just a quick update, we decided to give it a go and went for the K-1 via the I-129F route. Forms all completed, evidence included etc etc and sent. Just got to wait and see what happens, I assume from reading around it'll take pretty much up to a year until we find out if they provisionally accept it (assuming no more evidence is requested) and then comes the difficult stuff in London I guess!

jeffreyhy

"provisionally accept it" ?

The I-129f will either be approved or it will be denied, nothing 'provisional' in between.

Regards, JEff

meauxna

Congratulations on getting your start!

You can jog over to uscis.gov and register your case for individual updates, and you can look at the posted processing times for the Service Center you use (Vermont or California).
You should have a decision on the petition in 6 months or less (sometimes much less).

After that approval (may as well think positively) the case will be forwarded through the NVC to London and you will be reached about starting your visa application.

Have a mooch through the forum here and you'll find lots of threads describing what you can be doing now to get ready.

good luck!

PepsiChic

Wirelessly posted (LG-GR500/V10f Teleca/Q7.0 Profile/MIDP-2.1 Configuration/CLDC-1.1 UP.Link/6.3.1.17.0)

i dont think your i-129f will take a year.

It could possibly take upto a year but generally you'll hear back in about 4 months. You'll get two letters which we call NOA's the first will be to say the i-129f was recieved the second will hopefully tell you its been approved.

Keep hold of the noas your going to need them when you finally come to the usa and apply for permenant residence.

Good luck!

MDH68

Cheers guys.

YouWantFriesWithThat

The completion and lodgement of the I-129f is called the petition. If the petition is approved, the USC will received notification of this. This letter is called the NOA2. (The NOA1 is the receipt that the USC will receive after the I129f has been sent)

A few weeks after the NOA2, the UKC will receive a letter from the London embassy telling them what they need to do to apply for the K1 visa. This letter is generically termed 'packet 3'.

You will collect all the documents you need for your visa application to be processed and then tell the embassy via form IV-15k that you are readdy for interview. You can arrange a medical any time that suits. As your are coming down from Scotland you might want to consider waiting 'til you have your interview date and then arranging your medical very close to that, so that you can maybe do both in one trip.

If the petition and aplication go without major snags then you can expect to have your visa in hand well within a year. In fact, if you prepare ahead of time, such as getting the I-134 sorted out and your police certificate in hand then it would be possible to have visa in hand within 6 months (again assuming no snags)

Example:

1st October I-129f lodged
7th October NOA1 received
7th February NOA2 received
1st March Packet 3 received
8th March Packet 3 returned
31st March Medical
1st April Interview

So 6 months is probably the quickest it can be done, but it is possible and has been done.

Here are some links which give information about the stages further down the line:

Packet 3 instructons: http://london.usembassy.gov/cons_new/visa/iv/iv_15.html

Interview: http://london.usembassy.gov/cons_new...orms/IV019.pdf

MDH68

Thanks!