london2008

Hi all,

This is my first post in this very helpful forum. So first, here's a little background about myself. I am a UK citizen and recently became engaged to a USC living in California. We met in Austria over 4 years ago and have been visiting each other in our home countries since then. My boyfriend proposed to me just over a week ago. We would like to marry and live in the US. After researching the various options, I believe the K1 visa is best suited to our purposes. So I have read up on the process and downloaded all the forms. But before we proceed, I have some high level questions:

1) I am currently in the US on a tourist visa (have 2 months remaining before it expires). Can we start the process while I am still in the US? I ask beacuse there is a question on the I-129F form about whether the fiance is currently in the US. Although I would like to stay for another 2 months, I am prepared to depart sooner if this makes the process less complex. (Yes, I am a cautious person and do not wish to jeopardise the visa process in any way!)

2) If I return to the UK then can I re-enter the US while we are waiting for the K1 visa? I have read conflicting information on this topic and again would not wish to jeopardise the visa process.

3) Can anyone give me an indication of current average K1 visa processing times (both in the US for NOA2 and in London for interview, etc.)?

4) What are the benefits of using an immigration lawyer? Peace of mind? Is the process so complex that a lwayer is advisable to avoid any errors? I realize this is a personal choice but I am interested in others' experiences.

Thanks in advance for your help...

Noorah101

Yes. You can then stay until the end of your VWP visit.

Yes. Bring proof of your ties to the UK, in case you are asked at the POE.

Up to about 6 months for the US side of things. About another 4 months or so for the consular processing. So about 8 to 10 months overall.

Yes, that's one reason. Or, if you have any history of arrests, previous overstays, anything that might complicate the visa process. A lawyer won't speed up the process, but if something goes wrong, he's there for you.

Not in my opinion. If you have a straightforward case, you are organized, patient, good at filling out paperwork and understanding the process, it's pretty easy to do on your own.

I started out with an immigration lawyer because I knew nothing about the process. She filed the I-129F for me. Once she did that, and I started doing my own research, I realized I can do it on my own. I didn't continue using the lawyer, and my husband (then fiance) came over on the K-1, he's been here almost 4 years now and is eligible for citizenship this year.

Best Wishes,
Rene

ian-mstm

Yes.


Yes; bring proof of your ties to the UK. Alternately, your fiance can visit you!


8 to 10 months is a good ballpark figure... sometimes more, sometimes less. There are any number of variables that will affect that timeline... number of other filers, name checks, where your fiance lives, etc.


As long as you are somewhat anal retentive (like many of us here) when it comes to following written directions and filling in forms, you should be fine. Many of us, myself included, did not use a lawyer and successfully navigated the entire process from K-1 to citizenship. To others, sleeping well at night is a priority... so having a lawyer available can really reduce the stress level. Understand though, a lawyer can not speed up the process, and *you* are still responsible for ensuring that the forms are accurate and complete.

Ian

london2008

Thank you both for your speedy replies. I'm sure I'll be back for more advice over the coming months...