British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Is this a problem? (https://britishexpats.com/forum/marriage-based-visas-35/problem-699996/)

ian-mstm Jan 26th 2011 10:02 am

Re: Is this a problem?
 

Originally Posted by Theophilus (Post 9130833)
Pretty disappointing for us... :unsure:

Confusing, given that 12 weeks = roughly 3 months.



1. Is she able to travel into the United States why we wait?
Yes, if she's otherwise eligible to use the VWP.



2. Am I able to travel there?
Yes, if you're otherwise eligible to use the VWP.



3. Should we worry about the experation date on the NOA2?
No.



4. The NOA2 came 01/11/2011 - approx, when should we vision the earliest day for a wedding?
Anytime after you get the visa... and not a day sooner than that!

Ian

Noorah101 Jan 26th 2011 12:11 pm

Re: Is this a problem?
 

Originally Posted by Theophilus (Post 9130833)
As always - it brought up a few questions:
1. Is she able to travel into the United States why we wait?

Yes.


2. Am I able to travel there?
Yes.


3. Should we worry about the experation date on the NOA2?
In general, no. You might want to send her a new Letter of Intent though, to bring to the interview.


4. The NOA2 came 01/11/2011 - approx, when should we vision the earliest day for a wedding?
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

Theophilus Jan 26th 2011 12:21 pm

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.

Noorah101 Jan 26th 2011 12:24 pm

Re: Is this a problem?
 

Originally Posted by Theophilus (Post 9131431)
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.

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

Theophilus Jan 27th 2011 6:47 am

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?

meauxna Jan 27th 2011 7:07 am

Re: Is this a problem?
 

Originally Posted by Theophilus (Post 9133453)
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?

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.


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