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K1 Process confusion

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Old May 24th 2004, 4:45 pm
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Default K1 Process confusion

Well, I'm sure I'm not the first to search intently on the internet for the fastest, easiest way to be with someone they love in another country; only to be shown the harsh reality that there's no such thing as a fast or easy way. Then, my fiance gave me a link to this site. Finally, a place to ask questions and get honest answers from people with experience.

Until recently, I was under the impression that applying for a K1 Visa and holding off on the marraige until it is received was the best way to go about being with Jessica as soon as possible. However, upon inpection of the many helpful threads on this site, and the ingenious timelines in the signatures, I've noticed that alot of you have gotten married before filing the I-129 and I-130 forms.

So here's my first of many questions I'm sure to have during my stay at this forum...

Is it better to get married prior to the paperwork, or to file for a K1 first?

To help with an answer, I will give a rough outline of my situation.

My name is Mack and I live in Ontario Canada. I plan on marrying Jess in her home state of Pennsylvania. We met on the internet and have been persuing our relationship on it and the telephone for almost 2 years now. We have yet to meet in person, but have that planned for next month. Regardless of the fact that I've never had a physical interaction with her, I am certain that I love her with all my heart and will do anything to be with her for the rest of my life.

Please help with any and all advice you would be willing to give out. I'd love to start a timeline of my own very soon.

Sincerely,
- Mack
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Old May 24th 2004, 10:54 pm
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Default Re: K1 Process confusion

She lives in PA? You're best off doing the K1 as she'll be filing through Vermont - currently the fastest service centre for K1s.

The last approval I read of took a mere 19 days from NOA 1, (receipt of the I-129F application) to NOA 2, (approval of I-129F application) and that was very recently, (they received the paper NOA 2 yesterday).

Just one thing though - you have actually to meet in person first before filing the I-129F - this is very important!!!

Good luck!

Tam
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Old May 25th 2004, 12:55 am
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Default Re: K1 Process confusion

Mack

As a wife of a Canadian who is finally finished with this damn process, I have to honestly say that for you the best approach is the K-1 Visa. Do not go through the K-3. It is lengthy these days and the only option for those that married and are living separately. Why they chose to marry and then separate are reasons known to them unless they cared to share. It is not the ideal approach, at least in my opinion.

Your fiancee will be using Vermont Service Center, a blessing. You will be using Montreal US Consulate which is another blessing. While we did the K-1 in under three months in 1998, you are probably looking at 4 to 5 months. You can shave time off that by preparing yourself for the K-1 portion as soon as she files the I-129F.

Why not do yourself a favor and avail yourself of the FAQ for the K-1 found under my name as a root post at the top of this forum. It is invaluable as a resource and answers many questions.

Rete


Originally posted by mcface
Well, I'm sure I'm not the first to search intently on the internet for the fastest, easiest way to be with someone they love in another country; only to be shown the harsh reality that there's no such thing as a fast or easy way. Then, my fiance gave me a link to this site. Finally, a place to ask questions and get honest answers from people with experience.

Until recently, I was under the impression that applying for a K1 Visa and holding off on the marraige until it is received was the best way to go about being with Jessica as soon as possible. However, upon inpection of the many helpful threads on this site, and the ingenious timelines in the signatures, I've noticed that alot of you have gotten married before filing the I-129 and I-130 forms.

So here's my first of many questions I'm sure to have during my stay at this forum...

Is it better to get married prior to the paperwork, or to file for a K1 first?

To help with an answer, I will give a rough outline of my situation.

My name is Mack and I live in Ontario Canada. I plan on marrying Jess in her home state of Pennsylvania. We met on the internet and have been persuing our relationship on it and the telephone for almost 2 years now. We have yet to meet in person, but have that planned for next month. Regardless of the fact that I've never had a physical interaction with her, I am certain that I love her with all my heart and will do anything to be with her for the rest of my life.

Please help with any and all advice you would be willing to give out. I'd love to start a timeline of my own very soon.

Sincerely,
- Mack
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Old May 25th 2004, 1:27 am
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Default Re: K1 Process confusion

Originally posted by mcface
We met on the internet and have been persuing our relationship on it and the telephone for almost 2 years now. We have yet to meet in person, but have that planned for next month.
I find it very strange that you have a 2 year relationship, live only about 500 miles apart (may be wrong on that) yet you have never met, but you are convinced you want to marry...I lived with my now wife for about 5 years before I felt sure about that... but it does seem to be the modern trend ... I will get back to my rocking chair now...
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Old May 25th 2004, 1:35 am
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Default Re: K1 Process confusion

As others have stated, Mack, since your beloved Jessica lives in PA, the best (quickest) visa to get you here is the K1 fiance visa. However, you absolutely MUST prove that you have physically met in person (unless there are some strict ethnic/religious reasons why you can't meet) in the past 2 years. So if you are coming here next month, take lots of photographs, keep your plane boarding passes, keep hotel receipts (& try to get her name on there as a guest) to prove you stayed here, anything that could possibly prove that you have indeed physically been together. Without that proof, you will most likely be denied a K1.

Considering how fast the Vermont Service Center is in processing a K1 petition, this is must easier than a K3 spousal visa. Check out www.visajourney.com for some good information, as well as the post at the top of this forum page for the K1 FAQ.

Good luck!
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Old May 25th 2004, 1:47 am
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Default Re: K1 Process confusion

The K3 is certainly not the best approach when you can get a K1 through the VSC, that is for sure. But when you are stuck with one of the other service centers like Texas which had been taking
6-8 months to approve I-129 fiance petitions, then the K-3 was much faster. It took us 5 months from filing petition to arrival in the US including a month spent waiting for a lost Packet 3. Of course now the wait time in Missouri is much longer and Texas has speeded up considerably. The situation is fluid.

Do not go through the K-3. It is lengthy these days and the only option for those that married and are living separately. Why they chose to marry and then separate are reasons known to them unless they cared to share. It is not the ideal approach, at least in my opinion.
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Old May 25th 2004, 2:02 am
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Default Re: K1 Process confusion

Hi Mack,
Welcome. Jamie (sunflwrgrl13) is right when she says to start thinking "evidence". You are going to have to prove that you have met in person within the last two years prior to filing. Boarding passes from flights, credit card receipts/debit card purchases, hotel reservations (with both of your names, if possible), lots of photographs (if there are any easily recognizable landmarks where you meet up, take pictures there), etc. etc. etc. Keep anything that will prove your presence in the same place at the same time.

Takes some of the *romance* out of it, but it's a necessary thing. Good luck, and I agree with the rest of the group who said K1 through Vermont is probably your quickest choice.

~SecretGarden

P.S. There are plenty of us in the group who met on the net---don't feel bad about that one---quite common. And don't listen to Ray!

Last edited by SecretGarden; May 25th 2004 at 2:05 am.
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Old May 25th 2004, 2:51 am
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Default Re: K1 Process confusion

Originally posted by ray6
I find it very strange that you have a 2 year relationship, live only about 500 miles apart (may be wrong on that) yet you have never met, but you are convinced you want to marry...I lived with my now wife for about 5 years before I felt sure about that... but it does seem to be the modern trend ... I will get back to my rocking chair now...
Lol, Ray As always the cynic. Your rocking chair has nothing to do with it....
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Old May 25th 2004, 3:14 am
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Default Re: K1 Process confusion

Hi Mack,
I wanted to clarify something: the USC fills out a petition, and once that is approved, the foreign fiance applies for the actual visa at the consulate which handles visa applications nearest where they live.

It's important to make the distinction. Jessica petitions to allow you to apply for the visa to enter the US and marry.

~SecretGarden
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Old May 25th 2004, 3:19 am
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Default Re: K1 Process confusion

Originally posted by SecretGarden
Hi Mack,
I wanted to clarify something: the USC fills out a petition, and once that is approved, the foreign fiance applies for the actual visa at the consulate which handles visa applications nearest where they live.

It's important to make the distinction. Jessica petitions to allow you to apply for the visa to enter the US and marry.

~SecretGarden
Yep..gotta make that distinction between a petition and a visa - two very different things.

Getting the I-129f approved allows you, the foreign fiance, to apply for the K1 visa.

Check out this flowchart for a great step-by-step breakdown for the I-129f: http://www.visajourney.com/forums/index.php?pg=k1flow

Good luck!
Jamie
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Old May 25th 2004, 4:01 am
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Default Re: K1 Process confusion

Actually, it's over 900 miles from the Soo (as we call it) to Pennsylvania. Okay... I'll crawl back under my rock now.

Ian

Originally posted by ray6
I find it very strange that you have a 2 year relationship, live only about 500 miles apart (may be wrong on that) yet you have never met, but you are convinced you want to marry...I lived with my now wife for about 5 years before I felt sure about that... but it does seem to be the modern trend ... I will get back to my rocking chair now...
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Old May 25th 2004, 4:20 am
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Default Re: K1 Process confusion

Originally posted by ian-mstm
Actually, it's over 900 miles from the Soo (as we call it) to Pennsylvania. Okay... I'll crawl back under my rock now.

Ian
Actually, it's 783 miles from Williamsport PA to The Soo (as we call it as well).

I just want to thank everyone for how helpful and supportive you've been already. (including Ray. I appreciate your honesty)

- Mack
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Old May 25th 2004, 4:25 am
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Default Re: K1 Process confusion

I also want to thank everyone for taking the time to reply. I'm sure we'll be spending lots of time here in the coming months.

Jessica
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Old May 25th 2004, 5:28 am
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Default Re: K1 Process confusion

Originally posted by mcface
Actually, it's 783 miles from Williamsport PA to The Soo (as we call it as well).

I just want to thank everyone for how helpful and supportive you've been already. (including Ray. I appreciate your honesty)

- Mack

Wow, Williamsport...I'm in Harrisburg...looking ahead once you have the K-1 and are married you'll be going through the Philly office...there are a bunch of us on the forum who have used Philly for AOS recently...at least the applying part.

As far as evidence one thing you can do is include a current newspaper in your picture so that you can read the date. Something like the New York Times, etc that is nationally distributed. It sounds kind of hoakey but you do want to show that you've met in person within the past two years and a picture of the two of you together with a recent newspaper supports that. Just a thought.

Best of Luck to the both of you.

MarDae
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Old May 25th 2004, 5:35 am
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Default Re: K1 Process confusion

Originally posted by mcface
Actually, it's 783 miles from Williamsport PA to The Soo (as we call it as well).

I just want to thank everyone for how helpful and supportive you've been already. (including Ray. I appreciate your honesty)

- Mack
Can I just ask why haven't you met yet if you are so convinced you want to marry? Seems an awful waste of two years.
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