edtorib

I am a US citizen, have applied for I-129F for British fiance in 12/09. I have painstakingly sent all required info with petition. I am waiting for response. My case has not been updated since 12/04/09. Do I need to file for K-1 visa also, or wait for petition decision. My fiance has heard nothing on his end. Please help. The processing time is 5 months. What does this entail. We have deluded ourselves into believing he would be hear by 5 months.

Noorah101

Oh no, I'm sorry you misunderstood the process.

It can take 5 months just for the I-129F petition approval. If you filed in Dec 2009, you will probably get approval for the I-129F around April or May 2010. After that, the case moves to London, and your fiance will have some things to do on his side...obtain police report, get medical done, submit some paperwork to embassy, and attend an interview. This takes an additional few months.

The whole process for the K-1 visa, from filing I-129F to getting K-1 visa in hand can take between 6 - 8 months.

So you just need to readjust your time frame expectations.

If you need more help, we have a Wiki Gude on here for the K-1 visa.

Rene

edtorib

Thank you, I found this site this morning and starting searching, and became confused with I-129F and K-1. I stupidly thought the application was for both. I knew he had to interview at London Embassy at some point, but thought maybe that was part of the petition process. I have another question if you don't mind. He was turned back in 07/08 for overstaying his 90 days two or three times by about 1-2 days. He had been traveling back and forth for several years, and once we met he began coming twice a year for 90 days. Obviously his trips increased and his stays increased which what we guess alarmed the authorities. We are not sure exactly, but I have been so anxious about this affecting his Visa. Please advise.

Noorah101

Once he overstayed the VWP even ONCE, he was not allowed to use the VWP again.

But my layman's opinion is that previous overstays will not affect his eligibility for the K-1 visa. But it does mean he can't come visit you while waiting. You can visit him, though.

Rene

ian-mstm

After the first overstay, he was not allowed to use the visa waiver program again... ever! To have continued to use the VWP was a violation.


It will not negatively affect his visa. But he should not try to use the VWP ever again... so that means he can't visit you during the process, although you can visit him (or both meet in a 3rd country, such as Canada).

Ian

edtorib

Thank you very much. It is so nice to speak to another person and get some real answers.