hole

Me and my fiancee have recently gotten engaged. He lives in the UK, while I am a legal US resident. We love each other very much, and saying goodbye to him this past week was the hardest thing I've had to do. I don't want to have to do this a million times. ._.

I want to know: What is the best step to take? I would like him here as soon as possible, and I would like him to stay and work, or not work. I would prefer he could work, but it's not necessary.


I can't really tell for sure if the K1 is a better route then the K3. We plan to marry regardless, but the K1 seems better to prepare for the marriage itself, versus him marrying me and then returning to the UK.


Can someone weigh the pros and cons for me a bit? I'm a bit confused by all the possible avenues.

Thank you!

Noorah101

I moved your thread to the Marriage-based forum where you'll get more responses to this question.

You say you are a "legal US resident". Does this mean you are a US Citizen, or are you a green card holder?

If you are a US Citizen, the fastest way for you right now is the K-1 visa, simply because you don't have to spend the extra time waiting until the next time you see each other to get married and THEN start the whole process. With the K-1 visa, he can be in the USA permanently in about 8 to 10 months.

If you are NOT a US Citizen, you will have to get married before you can start any immigration paperwork for him, and it takes much longer.

Best Wishes,
Rene

Noorah101

Also, keep in mind that the K-3 is no longer the fastest or best route to immigration. If you are going to get married first, its highly advisable to simply stick with the Immigrant Visa. It takes the same amount of time as the K-3, and he becomes a US PR upon entry to the USA. Far better than having to adjust his status from the K-3 once inside the USA.

Rene

Noorah101

There are also similar discussions over here: http://www.familybasedimmigration.co...splay.php?f=10

Rene

hole

Thank you so much, that is helpful to know. Sorry for posting in the wrong forum.


One thing: If I start applying once he comes here, can he stay with me when we marry within the 90-day limit? That is to say, after we marry, does he have to return to the UK and stay there to wait for paperwork, or can he stay/visit me still? It would be unbearable to wait that long and not get to see him once.

And I was born in the US, that's what I meant. Haha.

Noorah101

If you start applying now, for his K-1, then yes...he will get his K-1 visa in about 8 months or so. He will use that visa to enter the USA, and must marry you within 90 days of his arrival. Then you apply for his adjustment of status to permanent resident, and then he will eventually go for an interview in the USA and get his green card.

Once he enters on the K-1 and marries you, he does not need to return to the UK, no.

There is still the 8 to 10 months wait for his K-1 visa. But you are allowed to visit each other during that process.

Rene

Noorah101

Just to be clear, you don't start applying once he comes to the USA. You, the USC, starts applying now by filing an I-129F form. That starts the ball rolling towards his K-1 visa. He won't actually enter the USA permanently until he has that visa in-hand, in about 8+ months.

You ARE allowed to visit each other in the meantime.

Rene

Noorah101

A little off topic, but I'm confused. In your first post in this thread, you said "He lives in the UK, while I am a legal US resident". But your profile says you are male. I assume you are the USC female, posting under his user name?

Rene

hole

Alright, I'll start filling that out soon. Is the wait ever under 8 months, or is that just an average estimated time?

Either way, it seems much less tiring then the K3 visa.


And yes, I am the USC posting under his name. Sorry for the confusion.

Noorah101

That's just an estimate going by other people's recent experiences. Yours could very well go faster and happen in perhaps 6 months. Or it could take longer than 10 months if you run into any issues or delays.

Go to www.uscis.gov, Immigration Forms, I-129F to start reading about what you need to gather for filing that form.

Let us know if you have questions along the way.

Best Wishes,
Rene

hole

Ok, I started the I-129 form, and also the G-325 form. Does Andrew also have to fill out a G-325 form?

As for the $455 fee, will that be the only fee in the process of the K1 visa, or is there more expensive paperwork to follow?


Once he gets the visa (should he get it, I hope he does, because we're only 20 and it's not some silly arranged marriage ;_; ) and comes to America, can he apply for a work permit, or does he have to wait until he gets his green card?


sgtidrgjodih Oi there is so much information to absorb. I'm sorry if these questions seem obvious.

Noorah101

Yes, he needs to complete a G-325 and send you the signed original. There are also a few other things he needs to send you, this is all in the instructions for the I-129F. One very important one is a signed statement of his intent to marry you within 90 days of his arrival on the K-1. You also need to do a statement like this as well. It's all there in the instructions.

That's the only fee YOU need to pay. He will pay a visa fee at the interview (last I heard it was $100, not sure what it is now). He also needs to get a police certificate, might be a charge for that...read the sticky at the top of this forum. Also he will need a medical which I think runs around $400 (again, not 100% sure but I think that's close).

Once he's in the USA, he will need to adjust his status to PR, the fee for that is $1,010 which includes work authorization and travel permission.

See above. His AOS (adjustment of status) application includes an application for an employment authorization document (EAD). It takes about 90 days after applying to get it in hand.

Rene

Noorah101

Also take a look at the I-134, affidavit of support. Unless Andrew has some savings in the bank and can self -sponsor, you will need to fill out an I-134 to show that he won't become a public charge once inside the USA.

The more important affidavit of support comes along with his AOS, once he's here. It's the I-864, have a look at that one as well, you will need to qualify for that as well later on down the road. Also look at the I-864P, it gives you the dollar amount you'll need to show income for on the I-864 (and probably the I-134 as well).

I mention this because you said you guys are young, and I'm not sure what your income/earnings/tax history situation is.

Rene

meauxna

Slow down a little, pleeeease?
Rushing at this point is the surest way to make an error with lasting consequences; we read the stories every day.

Here's a comprehensive checklist for the petition:

GUIDELINES FOR THE FILING OF THE 1-129F PETITION FOR A FIANCE(E) BY A US CITIZEN

First the petition.
Then the visa application-->issue
Arrive in the US, marry within 90 days.
/end part I

Apply for Adjustment of Status (AOS)
At the same time, apply for interim benefits (work and travel) called Employment Authorization Document/EAD and Advance Parole/AP
Wait 3-12 months for AOS to be decided. Use interim benefits until then.
/end part II

hole

Hehe, thank you meauxna.

This is Andrew now, I have that link and many others bookmarked neatly like a little squirrel who browses the internet (at least I imagine if a squirrel used the internet he would know where all of his bookmarks were).

We understand it isn't a zip zoop ziiiing instant process, I have been trying to calm down my betrothed while she is going "eeek it's all so big and scary," but we definitely know it is a long and probably annoying process of tick box a, sign box b. check you ticked box a. worry signature is slightly too close to the edge of the box.

I don't know, personally I quite enjoy filling out huge crazy forms. She hates it.

I want to use Taco Bell receipts and cctv of us pigging out as proof of having met within the last two years

But seriously, thank you both for the help so far