Noorah101

Please define "the paperwork" in the blurb above. I get lost when the reference is vague. Between your fiancee's I-129F petition, missing documentation and evidence, USCIS RFE, the USCIS denial notice, there is lots of "paperwork" out there.

Rene

Andy_UK

I think we will let it lapse and start over....another 5 months of waiting....but it will be worth it

The paperwork was the other forms we should fill out...I think we were missled

*edit ....she sent the i129 in and they said they would send out paperwork in 28 days as to what to do next, like what she and I have to send, they never did send us any other forms for us to fill out, she even called for advice before filing the I-129F and they told her thats the way it works.

midnight here so heading to bed

S Folinsky

One ignores an RFE at one's peril -- and failure to receive the RFE is not excuse!

When I was in practice, I always felt that the better path was to file a new I-129F when a denial was not on a ground that prejudiced a new application.

Also, some people should have lawyers even for the most simple application.

Noorah101

Wow, I don't know who she got this information from, but it has NEVER worked that way. The I-129F package is always filed with all the backup documents attached. Please make sure you both read the I-129F instructions completely so you can file a complete package. YOU should read the I-129F instructions before coming to the USA on your next visit, because you will need to bring along a few things of your own for her to include in the package.

Also, never ever call the USCIS 800 number for assistance. They never know what they're doing.

When you've gotten a new I-129F package put together, come back here and list what's in it - before mailing it off. We can tell you if anything's missing.

Rene

Michael

While you are in the US on vacation, you could get married by the justice of the peace and then file for the CR-1 visa (spousal visa). The advantage is that it takes about the same time as the K-1 visa but when you enter the US using that visa, you immediately become a legal permanent resident and will have a stamp in your passport indicating such and you can work immediately. About 2 weeks later you will receive your official green card in the mail. It is also cheaper than the K-1 visa.

http://britishexpats.com/wiki/CR-1

Andy_UK

I want some opinions here please.......
What is best, to start a new I-129f or get married and take it from there

TIA
Andy

Noorah101

What is best is what works for your own situation and comfort level. Overall, the CR-1 Immigrant Visa (for spouse) is a "better" visa because you become a US PR right away (after entering on the Immigrant Visa), so no need for AOS. It ends up being a bit cheaper.

The process is different from the K-1, though, so MAKE SURE you understand the whole process before filing anything after you get married (if you decide to do that).

Does your wife earn enough to sponsor you? If not, can she get a joint sponsor? See Form I-864P, 125% column for her household size plus you, to see if she earns enough.

How about this....when you get to the USA on your next visit, you and your wife go have a consultation with an immigration attorney (should cost between $100 - 200). Discuss all this with the attorney and get his input. I think you guys are not comfortable doing all this paperwork on your own...get a professional to help you whichever way you go.

Rene

JSL8610

It really depends on your priorities. Getting married first should be cheaper overall, but will take longer as you can't file until after you're married which looks like being Easter judging by your earlier post. That's not long away I guess but probably means not many people will make it to the wedding. That may or may not be an issue for you.

Being married first would also make settling in easier after the move as you don't then have to adjust status. You'll be free to work from day one. However, it also means spending the first 8-10 months of your marriage away from each other. You can, of course, continue to visit each other. Again I don't know if that's an issue to you.

Regards,
James

Andy_UK

Yeah I think we will do this she has found an attorney with the 1st hour free

S Folinsky

That is fine. However, these "free" consultations are given with an eye towards getting a paying client. Many lawyers will charge a nominal fee for that consultation but then credit it towards the fee if they are retained.

Also, there are legal clinics in many localities that help for nominal fee. In Los Angeles, the Los Angeles County Bar Association operates the Immigration Legal Assistance Project. They are very good. In other cities, Catholic Charities or "Travelers' Aid" have similar clinics.

Andy_UK

Would there be somewhere like the equivilent of the Citizens Advice Bureau in th US?

ian-mstm

Yes - as mentioned in Mr. Folinsky's post.

Ian

SultanOfSwing

There's no 'best fit' but from my own perspective of having done a K1 - had I informed myself better and been aware of the CR-1 visa I'd probably have done it that way instead as I'd have been a Permanent Resident on arrival, instead of having to wait to get the green card. In my case (obviously not typical) there was a cock-up in processing the EAD (work permit) and I didn't get it until almost a year after arrival; at which point my green card arrived a month later . Anyway, that was a year where I had no social secuirty number, couldn't drive, couldn't work, travel home et cetera. Again, not typical but had I done the CR-1 could have been avoided

For my money, if you're going over there anyway, you could get married in a civil ceremony quite easily - begin the process for the CR-1 (your wife will file an I-130 petition for an alien relative) and do it that way. At a later date, you can renew your vows and have a big celebration for family and friends if you so desire, once you're in and settled.

That's just my twopennorth however, your mileage may vary. Best of luck though

AMBERLYRA

Unfortunately I was in the same position November last year. We still have not had a reason why the I129F was denied even after writing and ringing. Whoever dealt with our case neglected to input the reason why. My USC fiancee has not had any money back either. We have just re-applied all over again and hopefully everything will be in order this time. Good luck with your re-application.
Rosemary

SecretGarden

Ian,
From what I understand the CAB in the UK is great if you have an issue like what to do about your neighbor's fence possibly encroaching on your property, but I can say from personal experience they don't know a darn thing about immigration to the US. So, OP, don't use them as a shortcut.

They ended up scaring the bejeesus out of my husband's ex wife regarding a potential immigration benefit for his two teenage daughters----so much so, that we had to drop the process even after referring her to an immigration lawyer in London (paid for by us). They told her things at the CAB that were blatantly untrue, and being the person she is, it made enough of an impression on her that we felt we would not be able to trust her enough to follow through properly with her end of the process in the UK.

So, no dual UK/US citizenship for two lovely girls who, even though they wouldn't have used it anytime soon, might have had more opportunities in life if we been able to proceed.

OP, I realize you might not be quite as suggestible as my husband's ex wife, but please go to someone qualified in immigration----the CAB isn't and I would hate for you to get inaccurate information and bad advice like my step daughters' mother did.

~SecretGarden
~~and Mr. Pink