sajdiddy

Hi everyone,

I have spent several days reading all the forums and threads on this amazing site and think I may have confused myself. I am currently a US citizen and engaged to a lovely young lady in the UK and we are planning to get married next summer here in the USA. I have a few questions on how I should proceed with legally bringing her here, getting the proper work status and then eventually getting a US citizenship. I know that I have to apply for a fiance visa but then there are these other forms like 129f, that's referenced and CR-1 and I'm not really sure how that applies to me. I would love to hire an immigration lawyer to help with the process but they are charging an arm and a leg for their services. Also, if we get married next summer in NY, how would I go about getting visa's for her family to attend the wedding here in NY. If someone could assist me on what forms I need to fill out and when, I'd be so grateful and thankful.

Thank you

Noorah101

Hi saj, Welcome to BE.

If you're planning to get married next summer, your best bet is to start the K-1 fiance visa process now, assuming you've met in person at least once within the past 2 years.

You would file the I-129F plus any backup information it requires (backup info is required from both you and her). Eventually, after the I-129F approval, the case moves to London, your fiancee applies for the K-1 visa, gets a police report, medical, and attends the visa interview. You can expect this whole process to take around 6 - 8 months. Once the K-1 is approved and in her hands, she has 6 months to use the visa for single entry to the USA. You and she must marry within 90 days of her arrival.

After your marriage, you guys will apply for her adjustment of status (AOS), which will give her US Permanent Resident (PR) status (green card).

When she's been a PR for 3 years minus 90 days, she can apply for US citizenship.

As for her family coming for the wedding from the UK, they just need to travel on the VWP (no visa necessary), they can stay in the USA up to 90 days.

Check our Wiki for more details on the K-1 fiance visa.

Best Wishes,
Rene

Noorah101

Her work authorization will come as part of her AOS, after you've married in the USA, after her arrival on the K-1. Form I-765 is for an employment authorization document (EAD), and is part of the AOS package. It takes about 90 days to get the EAD in hand after filing.

The I-129F is the petition you file associated with the K-1 fiance visa, not the CR-1 spouse immigrant visa.

Rene

sajdiddy

Hi Noorah,

Thank you so much for your detailed response as it has helped me better understand the process. DO you think this is something I can do on my own or should hire an attorney to do for me? The Attorney fee's are expensive but I am wondering if I can do it on my own. Again, thank you so much for your response.

Noorah101

That is totally a personal choice. Some people feel more comfortable having an immigration attorney who can help guide them through it all and keep an eye out for any problems, some people are OK doing it on their own. It's really just up to you.

Rene

YouWantFriesWithThat

Hi sajdiddy,

I agree with Rene, some people chose to use a lawyer, some don't. Two important points:

1. Imho, a lawyer wouldn't have given you half the information that Rene just did in such a clear way

2. The I-129f petition process and then the UK application process are two things that can be easily done without a lawyer. So a lawyer is definitely not needed for those two processes.

As Rene said, some people prefer to use a lawyer and the majority of those are probably people who have issues or complications that require a lawyer's attention.

It doesn't take much to confuse me but I consulted with a lawyer before starting our I-129f process and I realised that I actually knew more about the process than he did! (and that wasn't much!)

So if you do decide to do it yourselves then know that the good folks here will always be happy to offer their advice and guidance

Good luck

Rete

Man I hate having to assume but I'm assuming your fiancee is not from a country that is part of the VWP. I assume this since you ask about obtaining visas for her family to attend to attend the wedding.

What US Consulate will your fiancee be using. This answer might well have a bearing on whether or not you should be using an attorney.

sajdiddy

This board is fantastic with wonderful advice and very thorough information. My fiance is from the UK but her family is from Germany.. Her family is still going through obtaining their travel documents but probably won't be done by next summer. I was just preparing for the next hurdle that will certainly come next.

Folinskyinla

Really? I think Rene is intelligent, observant and has had a good teacher in her years on this forum. She often beats me in giving the same response I might have given.

Matthew Udall

Maybe some of those had complicated cases at the outset, but I also suspect there are some that simply want an attorney on board to jump in and fix USCIS and/or Consulate screw ups when they occur. The CIS and/or Consulates can screw up even the most simple and straightforward case. My guess is that most people don’t assume the CIS and/or Consulate will make a mistake in their own personal cases, but they do make mistakes.

Plus, there is the whole issue of spotting potential problems and dealing with them in order to reduce the odds of the potential problem turning into an actual problem, and quite often someone with experience is going to spot a red flag right away when that same red flag would go unnoticed by someone who is having their first exposure to immigration issues.

YouWantFriesWithThat

Exactly

Looks like the US and UK have been separated by a common language again

I said (to the OP): "Imho, a lawyer wouldn't have given you half the information that Rene just did in such a clear way".


I was saying, imho and experience, that the information a lawyer might have given the OP might not have been half (what Rene gave the OP) and might not have been given in such a clear way (as Rene did for the OP).

So it was a from me to Rene.

YouWantFriesWithThat

Hi Matt,

Yes, I agree. One of the biggest reasons for chosing a lawyer, apart from any other reason, might be to have an experienced eye look over the papers / scenraio, even as a one off consult, to look for potential problems or unseen actual problems.

My own experience of an 'immigration lawyer' was of someone who, I kid you not, asked to be excused while he sat there reading up on immigration on marriage for about 10 minutes in front of us in his office!! Obviously I know that someone like that is not the norm.

I feel for lawyers sometimes as, as in any other walk of life, especially legal and / or law enforcement, you never get to hear about good lawyers or good cops, just the bad ones!! (except on immigration forums sometimes )

My original comment was more for those who might chose to select a lawyer from the outset due to perceived or actual probems / issues.

This microcosm of immigration that this forum is, of course, mainly frequented by those who have chosen to research the subject and who are probably 'going it alone'. So in that sense it can paint a picture of a world where the majority of people don't use lawyers.

Out there in the other world I would not be surprised if as many people chose to use a lawyer as did not (especially where the fiances are non UK / US).

Rete

Your fiancee then is a British Citizen and has a British passport? Her family are Germany citizens with German passports? If the above is correct why would they need travel documents and why would it take over a year to get them? German citizens can use the VWP for travel to the US, of course, with some exceptions, i.e. criminal history, pass overstays, etc.

Matthew Udall

I’ve been asked to do this a few times now for people who just want me to look over their submission, ask questions, issue spot, and make recommendations about what their submission consists of and evidence submitted. I’ve yet to do that for someone without finding multiple things that might have triggered an RFE in their case, and sometimes I spot issues that are more in the “red flag” territory. Usually I’m the representative from the outset in a case, but I have done this a few times upon request.

Well, its better to look something up (if you don’t know the answer) than it is to give a best guess. But I know what you are saying… experience is a good thing and I can tell you that the last K-1 case I submitted was a lot different than the first one I submitted all those years ago.

Very true. The ironic thing about someone with experience doing the job correctly from the outset is that at the end of the job…. If done correctly, the client should wonder if the attorney was needed in the first place :-). I would think this holds true for other professions and vocations as well.

I understand what you are saying, but do note that it is not just those seeking answers who frequent the board. There are also others who frequent it in order to supply answers. I’m not sure how one describes this as “going it alone”. Its not alone when in fact they go to a stranger for their answers. But that’s another subject and I’m not going to beat that dead horse right now.

jeffreyhy

YWFWT,

Why did you put the hyphens around the term immigration lawyer? Because the person turned out to not be a lawyer? Or because they were a lawyer but not an immigration lawyer? Or an immigration lawyer with experience in employment-based immigration rather than family-based immigration?

Did you not ask a few pertinent questions about the person's qualifications and area of expertise before you scheduled the consultation? The expression caveat emptor applies to purchasing services as well as goods.

Regards, JEff