Cowburn

Hello,

I am currently going through the K1 non-immigrant visa process so I can move from the UK to be with my fiancé in the US. I completed my DS-160 and had my medical in December but have only just completed the application of readiness today. Originally when I called I was told to go to www.usvisa-info.com but that doesn't even have the option for a K1 so I'm not quite sure why they told me that. I was a little confused because the application of readiness is under the immigrant visa section on the embassy website? Can someone just put my mind to rest and confirm the application of readiness is correct for a K1.

It says expect around six weeks to hear about an interview, is that the normal timeframe? Then once I get the letter how soon after is the interview normally? It's so stressful not knowing when I'll be packing up and making the big move!

Also I damaged my passport during a trip to mainland Europe over the New Year and I contacted the embassy and was told to just bring my new one when I have the interview and it won't be an issue despite my DS-160 having my old damaged passport number. I was just wondering if anyone here went through a similar process and could confirm that it will be as simple as that.

That's all for now, thank you!

Noorah101

Yes, I believe the readiness form is the same for K1 and immigrant visa.

Yes, that's a normal time frame.

Yes, just bring the new passport to the interview, if you have it by then.

Keep in mind that your visa will only be valid for 6 months from the date of the medical.

Rene

Cowburn

Thanks for the very fast response! I had my medical mid December so that won't be an issue as I'm planning on booking my ticket and flying out as soon as I get the visa. I saw that some people in the timeline thread got their letter with the interview as soon as two weeks after completing the application of readiness. I take it this is a rarity as opposed to the normal? I feel like such a fool for not doing it earlier. I was waiting to get my replacement passport because I wanted to make sure it came before the interview but it looks like there was no need

Noorah101

It's really impossible to guess time frames like this. Let's say anywhere from 2 to 8 weeks.

Rene

BunnyGirl

Ummm, yes it is. You need to make sure you've registered under the immigrant and not the non-immigrant side. This is where you need to pay the mrv fee and arrange the courier delivery BEFORE your interview.

ian-mstm

You do yourself a disservice by following other people's timelines and expecting that yours will follow the same pattern.

Ian

S Folinsky

General comment: the K-1 visa is often described as a "hybrid." It is within the categories of "non-immigrant" visas but it is processed in many ways as if it is an immigrant visa since it is intended to lead to a green card.

YouWantFriesWithThat

I've never understood why the K1 is classed as a non immigrant visa.

Is it a legal requirement of the K1 process that a person granted a K1 (the beneficiary?) adjust status within a certain period of time? Otherwise, the person would be in the USA out of status, correct?

Could a person legally enter the USA on a K1, get married, and then go home within 90 days (VWP clock, not the marriage 90 days clock) without adjusting status? I ask this because a person entering the US on a K1 is still bound by the VWP up until they get married, correct?

Could they then visit the US again, say on the VWP? Then later down the line if they wanted to join their USC spouse in the USA they would petition for an I-130 immigarnt visa, correct?

I've already done the k1 process. Just asking out of interest.

S Folinsky

Quite wrong. Since the K-1 is not a full-blown "immigrant visa" it is a non-immigrant visa. The 90 days for the K-1 admission is to marry the K-1 petitioner within 90 days, nothing more. In contrast, the VWP entry is under the B-1 or B-2 category, albeit without a visa.

YouWantFriesWithThat

Which bit is quite wrong? (I understand about the K1 being just to marry the petitioner. I was just exploring the various permutations.)

Cowburn

I had an email response today in relation to a question I had about the passport and the person said they can't find my DS-160 even though I gave them the correct case number and confirmation number it. Strange as I have an email with the .pdf confirmation and I can login to the site and retrieve it. I've emailed them back asking them to double check because it doesn't make sense.

Ok that makes sense, I was getting confused because up until now everytime I've seen it it's said non-immigrant. I see what I need to do when I receive the letter now.

Totally, I understand it's different for everyone but my curiosity and wishful thinking gets the better of me!

Thank you all for your responses so far. I know I'm getting into the final stretch now and it's starting to get very nervewracking/exciting!

BunnyGirl

You'll be fine! Just stay calm, read everything carefully and pop back on here if you have any more questions

ian-mstm

The K-1 is a non-immigrant visa because like other non-immigrant visas, you can't remain in the US permanently simply by having one.


No. The obligation is to marry the petitioner within 90 days.


Correct... but that's not a visa issue. There is no obligation to ever adjust status after marriage - but, of course, that has a lot of negative ramifications.


Yes - but that person won't get back into the US in any status other than as a visitor.


No - because the person didn't enter the US on the VWP.


They could - but then the K-1 was a huge waste of time, energy, and money because you'd be starting over from scratch.

Ian

YouWantFriesWithThat

Cheers Ian.

I'm sure one or more of the scenarios I listed have played out and I'm always intrigued as to the various possible outcomes!

Cowburn

I woke up today to some good news! A letter containing my embassy interview date arrived. I assume it came so fast because my medical and DS-160 have been completed for several weeks before the readiness form?!

The only downside is I think I should change the date. I've not received my new passport yet and whilst it should come in time for my appointment I don't want to risk it. I'm planning on writing a letter today requesting a new appointment for the following week so I can be sure.

At the interview will I have to provide my old, damaged passport (that's on my DS-160) as well as my new one or do they no longer care about the old one? They never mentioned what to do with my previous passport in any correspondence I've had. I ask because I'm aware that it can take a week or two extra to receive old passports in the mail after a new one is issued. I was hoping to use it as evidence because the stamps inside show that I had been to the US twice last year (one month and three months) but it's not the end of the world if I was unable. However if it needs to be presented at the interview I'll have to schedule a new appointment on a date where I can be 100% sure it will have arrived in the mail.