Is this a problem?
 

Hi everyone. In advance, thank you for your help!

Applying for K-1. My fiance is from the UK, I am USA.

Vermont received I-129f package and sent out 1st NOA July 23rd. Processing time for 2nd NOA is 5 m 23rd. I still have not heard anything. Should I be worried by this?

Also, I did not make a copy of the entire I-129f package before sending it in, the site I am using, http://www.visajourney.com/content/k1guide, instructs me to send a copy of this package to my fiance. Thoughts and suggestions?

Thank you all once again!

Re: Is this a problem?
 

Probably not yet. The 5-month mark was December 23. Holidays were after that, so things probably slowed down. I'd give it another few weeks.

It's always a good idea to keep an exact copy of everything you send out regarding immigration, so from now on, do that (both of you).

Your fiance should take copies to the interview of anything you sent an original of in the I-129F package, so just send him a copy of those items.

Rene

Re: Is this a problem?
 

Thank you Nooorah,

I sent the package in. Will I get the package in its entirety back to make copies of? Otherwise, I do not have copies of everything which was sent in. Thank you!

Re: Is this a problem?
 

No, you will not get anything from the I-129F package sent back to you.

She will just need items like a copy of your previous termination of marriage (if applicable), a copy of whatever proof you sent in of meeting in person, a copy of whatever you used to prove you are a USC, that sort of thing. I'm sure they are things you can make another photocopy of and send to her.

Would be good if she had a photocopy of the I-129F and the G-325A originals that you sent in, but it's unlikely the officer will ask for those, and since you didn't keep a copy....oh well.

Rene

Re: Is this a problem?
 

Rene,

I want to begin the I-134 Affidavit of support information but am a bit concerned because I am recently graduated and seeking employment. I have a means to get a good job, but obviously need to be hired. I do have co-sponsors, but me not having a job impact the decision?

Jonathan

Re: Is this a problem?
 

At this point, you not having a job is not really a problem, as long as you can find someone who earns enough income (or has enough in assets) to do an I-134, or if she has enough in savings herself. There is no "co-sponsor" for the I-134. It's either she has enough in savings not to need a sponsor, or you have the means to be a sponsor, or you find someone else to be a sponsor.

This "Read Me" thread at the top of this main page should help you: http://britishexpats.com/forum/showthread.php?t=675309

The I-864 works differently.

Rene

Re: Is this a problem?
 

Thank you for clarifying Rene. The I-134 is easily taken care of in that case. Will my fiancee still have to fill out a I-864 then, despite not working over the last 2 years?

Re: Is this a problem?
 

Yes... even if she doesn't qualify financially - in which case she must find a joint sponsor who does... and the joint sponsor also completes an I-864. The joint sponsor must earn enough for his household + you!

Ian

Re: Is this a problem?
 

You are the USC, yes? You *must* complete an I-864 for your wife (!) for her application for Permanent Residence.
If you do not meet the income minimums, you may enlist a Joint Sponsor who is willing to sign that contract for you both. But, you still are #1 in line for repaying any mt-benefits she claims and gets (which is why you complete one). The I-864 lives for a long time. You should not underestimate this document, and should probably get familiar with it now.
There's some good links in the article in my signature that might be helpful to you (for researching I-864).

Re: Is this a problem?
 

Great news! NOA2 came. It feels good to be moving forward again! Of course progress always poses some questions... that is why I love you guys!!!

1. Will I, as USC and petitionier, file any other paperwork directly with the any governmental agency? Or do I send information directly to the beneficiary, which she will then present at the interview?
2. What files do I need to fill out/send? copy of I-129F, copy of G-325A, an I-134{?} (with supporting information?), an I-864 with supporting information, a letter stating my intent to still Marry fiancee, other supporting evidence of past and ongoing relationship.
3. My fiancee will then take this information to the consolute, correct? What else will she need? Will they send her the DS156K? Also, items listed here: http://london.usembassy.gov/application_documents.html
4. Is there anything else that either she or I can be working on right now? She applied for Police certificate last week. We want to obviously expedite the process. We are hoping to be married in April.
5. Lastly, the application was approved on 1/11/11 (neat date), is it important that I call the NVC or U.S. Embassy, and is there anyway to know their current processing times?

As always, thank you! :D

Re: Is this a problem?
 

Absolutely not. The UK Fiancee does not complete the I-864. The I-864 is the responsibility of the USC and is completed to go with the adjustment of status paperwork, not the I-129F.

Re: Is this a problem?
 

So pretty much right on schedule! Now the fun begins... :)

For the K-1 visa, everything now goes to the interview. You need to supply the I-134 and its evidence.

No I-864 to the interview for a K-1.
You will get your chance at that one soon enough, with the Adjustment of Status (AOS) application after marriage.
The rest of your list is fine.

To expedite, you should use the wiki entry here to get you to the links that spell out everything she has to take to the interview. These documents "should" be ready now if you want to expedite.
No forms will be sent to her; she needs to get on it with the website as they are going to send her the links (which are in the wiki) and tell her to complete her application and send it in.
Your approved petition is going to pass through the NVC without any intervention from you. The next contact will be the Embassy sending the instructions to your UK fiancee. This process, from petition approval, can take about a month. You can read other K-1 experiences for finer detail than that.

Re: Is this a problem?
 

Thank you meauxna! Is this the wikilink? http://britishexpats.com/wiki/DCF_I-130_Filed_In_London.. Or is it something other?

Also, when should we begin getting the packet together for AOS? And do you know AOS cost?

Jonathan

Re: Is this a problem?
 

That info is at www.uscis.gov.

Ian

Re: Is this a problem?
 

No, that link is for people who are married and both living in the UK and filing for an immigrant (not K) visa.. lol, couldn't be more different really.

The USA Immigration portion of the wiki is linked on the first page of this forum. Look under K and there are 4 K-1 visa entries.

There are several people who are filing AOS from a K-1 visa posting here now.. scan around for their threads. There is an Adjustment of Status wiki entry describing what you need to do to get your wife legal after you are married. There is a LOT to cover.
You should attempt to file the AOS within the 90 days admission of the K-1. After you're married.

I don't know the AOS $$ off the top of my head.. around $1100. I also want you to find it yourself so I know you're at the right place. Sneaky, me. ;)

Re: Is this a problem?
 

Sneaky you! I feel as though I found the information I needed however I did not cross the AOS cost... uh oh?

I am still a bit confused of what I need to do at this point, or if it is primarily documentation filled out by fiancee. What do I need to send, can you correct or add to this list please?

-Copy of NOA2
-I-129F
-G-325A for petitioner
-G-325A for beneficiary
-I-134 for petitioner
-I-134 for beneficiary
(do we need 2 I-134's? One for each of us. If we do, can we use the same sponser, hence same notarized tax-returns?)
-Material demonstrating ongoing relationship.
**** As of right now, this is everything I am sending her. Please correct me!


Also, she needs to fulfill the IV-15 list. But currently under article IV-15 in the wiki, the external link for London takes the reader to a page titled 'THE PAGe YOU ARE LOOKING FOR HAS MOVED'. I could not figure out where it was moved to. I obviously want to figure out precisely what she needs to take with her so that we have everything.

Thank you!

Re: Is this a problem?
 

http://britishexpats.com/wiki/K1_London_Applications

The IV-15 (better known as 'the checklist') is basically just a run down of the items the previous Wiki says to gather, and its your way of telling the consulate that you, indeed, have all these items and are ready - and eligible - for an interview. It includes confirmation that you have completed the visa medical (or have it scheduled for X date).

Re: Is this a problem?
 

You have to read and follow the breadcrumbs on the Embassy site you guys! It really does walk you straight through it.

Visa Processing by the Immigrant Visa Unit

On receipt of the approved petition from the National Visa Center the Immigrant Visa Unit will send you information on the steps that you are required to take to process the application, including instructions on completing the Instruction Package for Immigrant Visa Applicants. See "Instructions for Applicants".

(link is on the right)

Instructions for Immigrant Visa (K) Applicants Applying for a Visa in London
Notice the URL in the address bar: http://london.usembassy.gov/iv_15.html <---IV-15

The documents are linked on the right. All the steps of the process are linked on the left, including the medical instructions, the interview, the fees.. everything you need to figure this out.

Re: Is this a problem?
 

Corrections in RED:





Rene

Re: Is this a problem?
 

And because you didn't link to it, I have no idea what you were reading. I am looking at the wiki guide and someone has put the price right in there.

I'm sorry I am frustrated this week.. I know you get excited and all, but it really does feel like people aren't reading what is being put down in front of them. It's not just you, but I can not understand it for the life of me.


Rene, I have a question for you..
"-Copy of NOA2 (send her the original. Keep a photocopy for yourself)"

Don't they need the original NOA2 for the AOS and a copy to the interview? I'm asking, I don't know. But if it is the way you just wrote, include keeping a copy of it for the I-485?

Re: Is this a problem?
 

We brought the original NOA2 to the K-1 visa, along with a photocopy of it as well. Neither was asked for, but we had them just in case. I was under the impression they had the right to ask to see the original NOA2 at the K-1 visa interview.

We had to submit a photocopy of the NOA2 with the AOS package.

Rene

Re: Is this a problem?
 

thanks :)

Re: Is this a problem?
 

For the visa interview, the consulate already has the approved petition. The USCIS sent it to the NVC, the NVC sent it to the consulate. Why would the consular officer need or want to see the approval notice that was sent to the petitioner? They have the approved petition right there in the case file.

For the adjustment of status application my wife submitted the NVC notice to me (the petitioner) that they had received the approved petition from USCIS. I never received an Approval Notice, and to this day the USCIS on-line status says that my petition is pending.

Regards, JEff

Re: Is this a problem?
 

Welcome to my world! :)

Ian

Re: Is this a problem?
 

Meauxna, you're right. Many apologies for not more carefully reading. It was very lazy of me and in honestly I take advantage of you and the other posters generosity. You guys are great, but you should not be my source of information, but rather my source of help when needed! I do appreciate your service!

Rene... as always thank you for clarifying.

Jonathan

Re: Is this a problem?
 

Rene, below is your revised list of things for me (petitioner) to send fiancee (beneficiary). If you remember my first post in this threat, I did not make copies of the I-129F packet. Should I just re-do (fill-out) the I-129F, and G-325A's? Also, will it matter if the supporting evidence is slightly different? What will the consolate do with all of this information?

Re: Is this a problem?
 

No, don't do a new I-129F or G-325A. If you didn't keep photocopies, so be it.

It probably won't matter that the supporting evidence is slightly different than what you originally turned in. They probably won't ask to see copies of what was already sent.

It's more important to have updated evidence to take to the interview, which shows your ongoing communication and/or visits.

Rene

Re: Is this a problem?
 

Rene,

At this point - I am under the impression that the only documents I should mail to my fiancee in Scotland, is an I-134 filled out by each of my parents, for her. And also, a letter disclosing my intent to still marry her?

The photo's, emails, travel-confirmations, can be printed out there, correct?

And she will take all of this information with her to the consulate, correct?

Re: Is this a problem?
 

Yes, plus any originals of anything you sent a copy of with the I-129F, as discussed previously.

Yes, unless there's actually an "original" of them in your possession. For example, original boarding passes from the flights.

Correct.

Rene

Re: Is this a problem?
 

My fiancee recently came across a link on the embassy page that said K-1 visa interview times are sitting on 3 months... She did not copy the link and I could not find it. I researched on here and visa journey and 6-12 weeks seems to be standard. Pretty disappointing for us... :unsure:

As always - it brought up a few questions:
1. Is she able to travel into the United States why we wait?
2. Am I able to travel there?
3. Should we worry about the experation date on the NOA2?
4. The NOA2 came 01/11/2011 - approx, when should we vision the earliest day for a wedding?

Thank you,

Jonathan

Re: Is this a problem?
 

Confusing, given that 12 weeks = roughly 3 months.


Yes, if she's otherwise eligible to use the VWP.


Yes, if you're otherwise eligible to use the VWP.


No.


Anytime after you get the visa... and not a day sooner than that!

Ian

Re: Is this a problem?
 

Yes.

Yes.

In general, no. You might want to send her a new Letter of Intent though, to bring to the interview.

The wedding date can't be based on the NOA2 date at all. The earliest you can get married is the day you arrive in the USA on the K-1, assuming there's no waiting period in the state you get married in (no waiting period from applying for marriage license and getting married).

Rene

Re: Is this a problem?
 

Hey Rene,

Is the government not concerned that she might enter the US on a simple travel-tourist visa for a month or whatever, and we would get married off that, circumventing the system...

We have no intention of doing anything like this - but we have serious discussed flying her in for a month while we wait... that definitely does not jeopardize our pending-visa.

Re: Is this a problem?
 

There's nothing wrong with getting married in the USA on the VWP, the POE officer's concern might be that she'll just stay in the USA and adjust status. That's going to be a concern anytime she arrives at the POE, not just now. And not just for her, for anyone coming to the USA as a visitor.

Worst case scenario, they turn her away at the POE and she waits in the UK for the remaining time, then comes permanently to the USA using her K-1 visa.

She should bring proof of her ties to the UK, just in case they ask to see such a thing at the POE.

Rene

Re: Is this a problem?
 

MY FIANCEE RECIEVED EMBASSY LETTER. She is putting the package together and wanted me to forward this question:

The order in which to mail the forms is confusing! Could you ask on forum re. clarification: on DS-230 (part 1), under IV-15 it lists that it has to be sent with other forms (DS-156, DS-157, etc). However, on the DS-2001 (notification of applicant readiness), it states that the DS-230 (part 1)should be sent along with that. There is no mention of when/where to send DS-230 (part 2). The DS-156K asks for Police certificate and birth certificate to be sent with it (not separately as indicated by embassy website)- so should everything just be sent together?!

SHE CONCLUDED:

It would make more sense to mail everything together, in which case I need the affidavit and letter of intent to send with everything else. I put for the 2day application for police thing.

THE LETTER OF INTENT AND AFFIDAVIT I believe are carried to the interview, not sent in with this information, correct?

Re: Is this a problem?
 

She concluded wrongly.

DS-230 II is not mentioned because it is nothing to do with a K-1 application.

She should follow the instructions in Step One.
http://london.usembassy.gov/iv_15.html

Reading ahead to Step Two, it is clear, the documents go to the interview. That is also what everyone here says. It is also what the wiki entry says, which was written to clarify anomalies between the forms and the Consular instructions.
You can also read the posts from the many hundreds of other posters who have spelled out what they've done.. heck, you can even skim them. :)



SEND ONLY FORMS NOW. ALL EVIDENCE FOR A K-1 VISA GOES TO THE INTERVIEW WITH THE APPLICANT.