NashvilleBrit

I am looking into applying for a fiance visa, I currently live with my fiance abroad, but will be leaving in April. He shall return to the US and I shall visit the UK for a month or so while I await the visa and visit family (haven't seen them since the engagement!).

I think I understand the stages, but would like to have them clarrified.

1) He petitions the visa for me. (I cannot be in the country?) K-1 Form I-129F
2) I have an interview and hopefully get the visa.(in the UK?)
3) I travel to the states and undergo health tests and marry within 90 days.
4) I apply for change of status and am awarded a period of 6 months, awaiting the change. ???? (I cannot leave the country during this time?)
5) We go though interviews and provide documentation of or marriage and relationship. (stamps in passports to show we have travelled together and photos...)
6) I (hopefully) get the visa and am allowed to stay 2 years.
7) After the two years is up, we go through more interviews to be awarded residency.

I have read so much information in the past 4 days that I am finding that I am going around in circles!!!! There is so much to take into consideration that it is turning me into a nervous wreck!!!

Any confirmation would be greatly appreciated!
Kim

ian-mstm

Yes, he files a petition. It isn't a petition for a visa... it's just a petition to let the US government know that you and he have a relationship. You apply for the visa later on in the process. Oh... you can be in the US when this happens.


You apply for the visa in the UK, yes.


No. You have the medical prior to getting the visa. Yes, you marry within 90 days of entry to the US.


No. You apply for adjustment (not change) of status - which can take anywhere from a few months to a year or more. You can leave the country once you receive Advance Parole (which is filed as part of the AOS process).


Yes... and tax returns, amongst other evidence.


No. There is no visa involved at this stage. Once your AOS is approved you become a Permanent Resident - and can stay in the US.


No. You must apply to have the conditions removed within the 90 day window immediately prior to the expiration date on your GC. You are a permanent resident from the day your AOS is approved. Do not confuse the term "conditional" with "temporary".

Ian

NashvilleBrit

Wow! Thanks for your speedy and informative response!!!
I think we may find it diffucult with the tax returns part though! Both of us have been living and working in Thailand for the past three years.

Noorah101

The tax returns for AOS (after you come to the USA on the K-1 and get married) will be filed in the USA after you are both married. Those are the tax returns you will show at your AOS interview in the USA.

He, as a USC, should have been filing a US tax return on his worldwide income when working overseas. If he has not done this, he'll need to get caught up on his most recent 3 years of tax returns....they will be required for the K-1 interview.

Rene

Noorah101

No. It goes more like this:

1. USC submits form I-129F (yes, you can be in the USA when he does this).
2. Eventually (about 6 - 8 months after filing I-129F) you go for a medical in the UK and then an interview in the UK.
3. Get your K-1 visa and come to the USA.
4. Get married within 90 days.
5. Apply for your adjustment of status which includes permission to work in the USA and travel abroad.
6. After some time ( a few months to many months), you go to an AOS interview (or maybe not), and get your 2-year green card.
7. Two years after that, (the 90 day window just prior to 2 years), you apply to remove the conditions from your 2-year card.
8. You receive a 10-year green card.
9. Three years after getting your first green card (i.e. 3 years from becoming a permanent resident), you can apply for naturalization.

Rene

NashvilleBrit

Thanks so much once again for providing me with such detailed information!!! I really sppreciate you taking the time to reply to my questions and concerns!! You are helping me in such a great way! Thank you once again!!!

jeffreyhy

Wts,

I think you'll be visiting the UK for more like 4-6 months while you await the visa. Although, in that amount of time, you may be able to squeeze in a visit to the USA.

Regards, JEff

[EDIT: Rene says 6-8 months - I'll accept her estimate]

YouWantFriesWithThat

Wheretostart:

To clarify the possible timescales involved - the whole process i.e. from sending off petition in USA to visa in hand in the UK, can take 6 months +.
Some people have done it in 5 months although that is unusual.

Here is a typical timeline for a K1 visa:

USC sends off petition on May 1st.
USC receives receipt for petition (NOA1) May 8th.
USC receives notification that the petition has been approved (NOA2) September 1st.
UK fiance receives 'packet 3' (a letter) September 15th.
UK fiance notifies embassy that they have the required documents and are ready for interview September 20th.
UK fiance has medical October 1st.
UK fiance has interview October 20th

Total time = just under 6 months. This timeline is realistic if all the documents are submitted correctly and, crucially, the UK fiance gathers all the documents needed in advance of packet 3 arriving so that he / she can notify the embassy quickly that they have the necessary documents and are ready for interview.

So 5 months is probably the absolute quickest and after that - well, it all depends on how quickly people get their stuff together.

Note: the approved petition is valid for 4 months. After that an updated letter of intent to marry is required.

PepsiChic

Wirelessly posted (LG-GR500/V10f Teleca/Q7.0 Profile/MIDP-2.1 Configuration/CLDC-1.1)

once the i-129f and supproting documents are sent you have roughly 4 months of waiting till you get a letter from the uscis saying to tell them when your ready for an interview.
If your smart and able, you'll ask lots more questions on here and collect everything you need in those 4 months.

That way when the uscis says "tell us when your ready for interview" you can book your medical and say "im ready right now!"

This will save you a bunch of time!

Good luck

jeffreyhy

PC,

I think the letter you are referring to will not come from USCIS, it will come from the consulate, and not until after the visa application has been made. (The I-129f petition and its' supporting documents are not a application for a visa.)

Regards, JEff

NashvilleBrit

How are we supposed to 'prepare' for the interview?
What kind of questions are they likely to ask?

MandyNi

If you search for K1 Interview you'll see me and quite a few others have posted details of these interviews, including questions.

jeffreyhy

They will ask questions to determine how well you know each other and verify that the relationship is bona fide. Depending on what's in your background they may also ask questions to determine whether or not you are excluded by law from entering the USA.

In your case they will also likely ask questions to confirm whether or not your sponsor has US domicile, since they've been living and working in Thailand for quite a while.