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-   -   K-1 visa Dec 26th (https://britishexpats.com/forum/marriage-based-visas-35/k-1-visa-dec-26th-641414/)

p.blow Nov 20th 2009 12:42 pm

K-1 visa Dec 26th
 
Hi everyone!

This is my first post. I would like to say that i have been looking around at all threads on here, and found a lot of useful information, thanks for that.

My question is: Me and my fiance (finace who lives in the states, me who lives here in the Uk) had our K-1 visa approved on November 9th. I believe the next step is the US embassy forwards or case file to the NVC and they then forwarded to to US Embassy here in London. (please correct me if i am wrong)

I am waiting for the embassy to then forward me an application i need to fill out and return to them. I believe they will also send me out a checklist i will need for my interview, when it comes around. I heard that this will take 2-3 weeks before i recieve my application. Is that from November 9th or from the time it is sent from the NVC?

I read that if i request an interview a.s.a.p and write why they will take my circumstances into consideration, is that true?

My big question is Me and my finace are supposed to be getting married on December 26th this year, my family have already booked there fligths and accomadation and some of her family have also done the same. Do you think there is anychance of me making my own wedding day?

Thank you for reading this and providing me with you comments and advice

much appreciated
Peter

ian-mstm Nov 20th 2009 1:27 pm

Re: K-1 visa Dec 26th
 

Originally Posted by p.blow (Post 8112577)
Me and my fiance (finace who lives in the states, me who lives here in the Uk) had our K-1 visa approved on November 9th.

I believe you mean that you had the I-129F petition approved.



I believe the next step is the US embassy forwards or case file to the NVC and they then forwarded to to US Embassy here in London. (please correct me if i am wrong)
Yes, stuff will get sent to London! :) At that point, you will apply for the K-1 visa.



I heard that this will take 2-3 weeks before i recieve my application. Is that from November 9th or from the time it is sent from the NVC?
Not sure - but it's not a hard timeline. It might be less or more time... no way to tell in advance.



I read that if i request an interview a.s.a.p and write why they will take my circumstances into consideration, is that true?
Yes, as long as you understand that they are not obligated to take your circumstances into consideration.



Do you think there is anychance of me making my own wedding day?
There is a chance, but very slim. You should never have booked a wedding day until you had the visa in your passport. Once you have the visa, you have 6 months to enter the US. Once you enter the US you have 90 days to marry - that makes almost 9 months to plan a wedding. You've done things a bit backwards... so there's no way to know whether or not you'll be at your wedding.

I'll note here, that if you fly to the US on the Visa Waiver Program and get married in the US, then you will invalidate the entire K-1 process and will need to then apply for a spouse visa before you can live in the US... and that'll take another 8-10 months.

Sorry!

Ian

Noorah101 Nov 20th 2009 1:36 pm

Re: K-1 visa Dec 26th
 

Originally Posted by p.blow (Post 8112577)
My question is: Me and my fiance (finace who lives in the states, me who lives here in the Uk) had our K-1 visa approved on November 9th. I believe the next step is the US embassy forwards or case file to the NVC and they then forwarded to to US Embassy here in London. (please correct me if i am wrong)

I believe you had the I-129F petition approved Nov 9. The K-1 visa won't be approved until you attend the visa interview.


I read that if i request an interview a.s.a.p and write why they will take my circumstances into consideration, is that true?
Yes, usually London is quite accommodating that way. But you must first wait until your file reaches them, before you try to let them know anything. When you return your checklist, you can attach a note asking for a certain time frame for your interview, I'm sure they will try to accommodate.


My big question is Me and my finace are supposed to be getting married on December 26th this year, my family have already booked there fligths and accomadation and some of her family have also done the same. Do you think there is anychance of me making my own wedding day?
It's never a good idea to book anything in advance that you can't change or refund, until you have your K-1 visa in hand. Hopefully things can be postponed if you don't get your visa in time.

At this point your anticipated wedding date is only 5 weeks away. Thanksgiving holiday is coming up, Christmas is coming up, the general holiday season is upon us, embassy is closed a few days here and there, and embassy staff takes vacations. This time of year (and summer) are the slowest times for processing cases. I'm going to hazard a guess that you will NOT have your visa in hand by Dec 25th.

Hopefully I'm wrong....but just in case, plan for the worst. You can do some research to see what forms you need to have ready in advance...get your police certificate done, check with NVC to see if your case has been forwarded yet, etc. You can be proactive on this one...but still....no guarantee of a visa by Dec 25.

Rene

BritishGuy36 Nov 20th 2009 2:23 pm

Re: K-1 visa Dec 26th
 

Originally Posted by p.blow (Post 8112577)
My big question is Me and my finace are supposed to be getting married on December 26th this year, my family have already booked there fligths and accomadation and some of her family have also done the same.

Well that was dumb.

What are you going to do it you don't get the visa in time?

Rete Nov 20th 2009 2:28 pm

Re: K-1 visa Dec 26th
 

Originally Posted by BritishGuy36 (Post 8112870)
Well that was dumb.

What are you going to do it you don't get the visa in time?


He has two choices:

1. Postpone the wedding at great cost to all; or

2. Come to the US, get married as planned, have a honeymoon and before his 90 day VWP expires, return to the UK and await the adjudication of the I-130/CR-1 visa. (BTW takes about 8 to 10 months).

I truly am sorry that you are in this spot. You should definitely do what Noorah101 suggested, print out the forms, get everything together now, including the affidavit of support, asa you get the notice from the US Consulate, send the checklist back with a begging request for an interview date asap. Include a copy of your formal wedding reception contract and pray, pray, pray.

Noorah101 Nov 20th 2009 2:45 pm

Re: K-1 visa Dec 26th
 
p.blow,

Let's just count backwards for a moment. Your wedding date is Dec 26. Dec 25 is a holiday, so no courier delivery that day for your visa. You'd have to get the visa back from the courier Dec 24. It can take a full 5 working days to delivery the visa (unless you pay for expedited delivery...which you probably will in your case), so let's say a 2 day turnaoround on delivering your visa. That means your interview has to be no later than Dec 22, and be successful. You'll have to make sure to book your medical for a few days before Dec 22, to be sure the results will be at your interview.

There are 19 working days between today and Dec 22. A little under 3 weeks.

The question is....can everything that needs to be done, be done within 3 weeks? Highly unlikely in my opinion. But of course worth a try.

Rene

Folinskyinla Nov 20th 2009 5:16 pm

Re: K-1 visa Dec 26th
 

Originally Posted by Noorah101 (Post 8112913)
p.blow,

Let's just count backwards for a moment. Your wedding date is Dec 26. Dec 25 is a holiday, so no courier delivery that day for your visa.

Addendum -- December 26th is also a holiday for AmEmbassy London.

Duncan Roberts Nov 20th 2009 5:21 pm

Re: K-1 visa Dec 26th
 
I'll also throw out that it's probably not best to be trying to fly over a day or so before you're due to get married and I would take a wild guess that things will be very slow at the embassy the week or so leading up to Christmas as people will probably be taking time off and/or flying home to see their family.

Noorah101 Nov 20th 2009 5:31 pm

Re: K-1 visa Dec 26th
 

Originally Posted by Folinskyinla (Post 8113265)
Addendum -- December 26th is also a holiday for AmEmbassy London.

Hey, no fair...I have to work that day. :( LOL

jeffreyhy Nov 20th 2009 5:59 pm

Re: K-1 visa Dec 26th
 
pb,


Originally Posted by p.blow (Post 8112577)
.... Me and my fiance (finace who lives in the states, me who lives here in the Uk) had our K-1 visa approved on November 9th.

You've been beaten up enough on this one!



Originally Posted by p.blow (Post 8112577)
I believe the next step is the US embassy forwards or case file to the NVC and they then forwarded to to US Embassy here in London. (please correct me if i am wrong)

USCIS will send the approved petition and case file to the NVC. Then the NVC will send it to the consular section of the embassy.



Originally Posted by p.blow (Post 8112577)
.... My big question is Me and my finace are supposed to be getting married on December 26th this year, my family have already booked there fligths and accomadation and some of her family have also done the same. Do you think there is anychance of me making my own wedding day?

You will without doubt make your own wedding day, but your wedding day will not likely be December 26 of this year. Unless you go back to the UK afterwards and your then husband submits an I-130 petition for you to start the process for an immigrant visa.

BritishGuy36 Nov 20th 2009 6:00 pm

Re: K-1 visa Dec 26th
 

Originally Posted by Folinskyinla (Post 8113265)
Addendum -- December 26th is also a holiday for AmEmbassy London.

As that's the scheduled wedding date, it's not really relevant. If the OP doesn't get the visa in hand by the 24th, his plan fails.

BritishGuy36 Nov 20th 2009 6:02 pm

Re: K-1 visa Dec 26th
 

Originally Posted by Duncan Roberts (Post 8113276)
I'll also throw out that it's probably not best to be trying to fly over a day or so before you're due to get married and I would take a wild guess that things will be very slow at the embassy the week or so leading up to Christmas as people will probably be taking time off and/or flying home to see their family.

This reminded me of something else. In Ohio, the bride and groom have to show up in person at the courthouse to obtain their marriage license, at least 5 days before the wedding.

Not sure where the OP is getting married, but there could be a similar law in force in that locale.

penguinbar Nov 20th 2009 6:32 pm

Re: K-1 visa Dec 26th
 
True. Each state has their own laws. In some states you have to apply for a marriage licence a few weeks in advance and some states in can be the same day. Something to keep in mind. For anyone new on here reading this please do not book any flights or accomadations until your visa is in hand! There are several threads about those who have and it doesn't always turn out as planned!

Michael Nov 20th 2009 8:38 pm

Re: K-1 visa Dec 26th
 
If it is a church wedding and the K-1 still hasn't been approved, can't they just fly over and get married without a license and then return to the UK after the wedding and wait for the K-1 approval and when it is granted, enter the US and have the civil marriage before the Justice of the Peace?

Noorah101 Nov 20th 2009 8:52 pm

Re: K-1 visa Dec 26th
 

Originally Posted by Michael (Post 8113672)
If it is a church wedding and the K-1 still hasn't been approved, can't they just fly over and get married without a license and then return to the UK after the wedding and wait for the K-1 approval and when it is granted, enter the US and have the civil marriage before the Justice of the Peace?

It's best not to have anything that resembles a wedding, before the K-1 is issued. You don't want to create any confusion whatsoever in the ConOff's mind whether you are or are not legally married. If the ConOff believes you're already married, it will delay the visa while she investigates.

Rene


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