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-   -   New to this, need some help! (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/new-need-some-help-636026/)

MellowDee Oct 16th 2009 10:24 am

New to this, need some help!
 
This is my first post here ^^; But I've been lurking around and thought it might be best to post, and hopefully someone can help me.

A little bit of background about me; I'm 21, female, English, fell in love with an American 6 years ago (He's 20). Decided about 2 years ago we wanted to get married, but only about now's been an optimal time for us to start pushing through the paperwork to make the dream a reality. He's in the military, and this makes our timings fairly important. He's only recently came back from Iraq (3-4 weeks ago), and he's due to be going back for another 6 month deployment sometime within the next 18 months.

So, basically, we're literally at the VERY START of the whole visa process (absolutely nothing has been done yet). From what I understand (if someone could confirm this is right too), this is what I need to do:

* Get form I-129F filled in. One copy.
* Get form g-325a filled in. One for me, and one for him.
* Get 4 passport style photographs of myself.
-> All of these things (and only these) need to go in a letter and be sent to the local USCIS of my fiance by himself (including the processing fees which I believe is about $455-500?)

Another question: What country should I put? My fiance is typing the information into boxes and when we put in "United Kingdom" it's too large and says "United Kin". Would this be acceptable? Or should I put "UK"? And would this not confuse people to believe I'm from the Ukraine? >.<; I'm assuming even though he's typing the information in, he'll still have to print all the forms out to send off?

From then, everything's a bit hazy and I'm not sure what to expect. After he sends that letter off with all the stuff inside and we've done it correctly, do I then receive more forms to my home address or is the onus on me to find them and then send everything off? Also, how long approx. might it take to get to the next stage of processing (whatever comes after this initial send off)?

I want to make sure I'm not forgetting something or overseeing something important, since I want this to go as fast and smooth as possible, any help and input would be greatly appreciated! :D

ian-mstm Oct 16th 2009 12:37 pm

Re: New to this, need some help!
 

Originally Posted by MellowDee (Post 8021067)
* Get form I-129F filled in. One copy.

Your USC fiancee fills in the I-129F, not you! :)



* Get form g-325a filled in. One for me, and one for him.
* Get 4 passport style photographs of myself.
-> All of these things (and only these) need to go in a letter and be sent to the local USCIS of my fiance by himself (including the processing fees which I believe is about $455-500?)
Yes... also a note from each of you indicating that you're free to marry and intend to marry within 90 days of your arrival in the US.



Another question: What country should I put? My fiance is typing the information into boxes and when we put in "United Kingdom" it's too large and says "United Kin".
If there are items that don't fit, feel free to print the form and use a pen - it's quite acceptable to do so... indeed, it was the preferred method a number of years ago. :)



Or should I put "UK"? And would this not confuse people to believe I'm from the Ukraine?
Believe it or not, this has happened - and it does cause confusion and delays.



I'm assuming even though he's typing the information in, he'll still have to print all the forms out to send off?
Yes.



... do I then receive more forms to my home address
Yes.



Also, how long approx. might it take to get to the next stage of processing (whatever comes after this initial send off)?
Once the I-129F is filed, it'll take anywhere from 2-4 months to proccess and get sent to London. Once it gets to London, they'll contact you and you'll need to return their checklist indicating that you're ready for the interview. Meantime, you'll need a medical and get a copy of your ACPO certificate. Generally, start to finish (filing I-129F to entry to US) about 6-8 months.



I want to make sure I'm not forgetting something or overseeing something important, since I want this to go as fast and smooth as possible...
Well then, you've come to the right place! If you have questions, feel free to ask. :)

Ian

Rete Oct 16th 2009 12:58 pm

Re: New to this, need some help!
 
I have what I feel is an important observation. The K-1 Fiancee Visa means you must marry your USC fiancee within 90 days of entry into the US and you must marry within the US.

What happens if after waiting 8 to 10 months for the visa, he is stationed in Iraq?

Might you not be better off coming to the US or meeting him elsewhere, marrying and then having him apply for the I-130 for you for an Immediate Relative (IR/CR) Visa while you remain in the UK with visits to one another during the wait?

jeffreyhy Oct 16th 2009 1:56 pm

Re: New to this, need some help!
 
MD,

Why 4 passport photos of you, and what about him? The I-129f requires 1 of each of you.

That aside, I agree with Rete that a fiancee visa may not be your best choice.

Regards, JEff



Originally Posted by MellowDee (Post 8021067)
From what I understand (if someone could confirm this is right too), this is what I need to do:

* Get form I-129F filled in. One copy.
* Get form g-325a filled in. One for me, and one for him.
* Get 4 passport style photographs of myself.
-> All of these things (and only these) need to go in a letter and be sent to the local USCIS of my fiance by himself (including the processing fees which I believe is about $455-500?)


MellowDee Oct 16th 2009 2:16 pm

Re: New to this, need some help!
 

Originally Posted by ian-mstm (Post 8021314)
Yes... also a note from each of you indicating that you're free to marry and intend to marry within 90 days of your arrival in the US.

Once the I-129F is filed, it'll take anywhere from 2-4 months to proccess and get sent to London. Once it gets to London, they'll contact you and you'll need to return their checklist indicating that you're ready for the interview. Meantime, you'll need a medical and get a copy of your ACPO certificate. Generally, start to finish (filing I-129F to entry to US) about 6-8 months.

Ian

Just a few questions, how should I put that? Just, type out a small letter which literally says "I am not married and will be able to marry *name of fiance*" and then sign it? Or do I need to go into any bigger details?

And, what is ACPO? ^^;;


Originally Posted by Rete (Post 8021354)
I have what I feel is an important observation. The K-1 Fiancee Visa means you must marry your USC fiancee within 90 days of entry into the US and you must marry within the US.

What happens if after waiting 8 to 10 months for the visa, he is stationed in Iraq?

Might you not be better off coming to the US or meeting him elsewhere, marrying and then having him apply for the I-130 for you for an Immediate Relative (IR/CR) Visa while you remain in the UK with visits to one another during the wait?

If he is stationed in Iraq during the time when we should be married, I won't be going, and will have to file for an extension of the Visa (since I think from the day it's issued I have 4 months to get into America, and only once I step foot in the country does the 90 day limit begin)? And I think it would be a very good excuse to ask for the extension and would be understandable...

For my circumstances, I believe it wouldn't really be in my best interest to get married and return home...

Besides in saying that, I'm still confused as to why you would suggest that? How would that way benefit me more than this route? :confused:


Originally Posted by jeffreyhy (Post 8021480)
MD,

Why 4 passport photos of you, and what about him? The I-129f requires 1 of each of you.

That aside, I agree with Rete that a fiancee visa may not be your best choice.

Regards, JEff

I read somewhere on some website it says 4 passport photos of me. But, if it requires one of him too, then we'll just have to add one of him as well :lol:

But if you could explain as to why a fiancee visa wouldn't be best that would be very helpful... Since, I thought that this would be the best way :blink:

jeffreyhy Oct 16th 2009 2:34 pm

Re: New to this, need some help!
 
MD,


Originally Posted by MellowDee (Post 8021532)
Just a few questions, how should I put that? Just, type out a small letter which literally says "I am not married and will be able to marry *name of fiance*" and then sign it? Or do I need to go into any bigger details?

Yes, that's what my statement said. (Some people would also tell you to include that the marriage will take place within 90 days of your entry to the USA.)



Originally Posted by MellowDee (Post 8021532)
If he is stationed in Iraq during the time when we should be married, I won't be going, and will have to file for an extension of the Visa (since I think from the day it's issued I have 4 months to get into America, and only once I step foot in the country does the 90 day limit begin)? And I think it would be a very good excuse to ask for the extension and would be understandable...

The visa will be valid for 6 months, and can not be 'extended'.


Originally Posted by MellowDee (Post 8021532)
For my circumstances, I believe it wouldn't really be in my best interest to get married and return home...

You won't be able to return home without first applying for adjustment of status and applying for and receiving advance parole. And the adjustment of status process will require you to be in the USA for a couple of events - a biometrics appointment and an interview.


Originally Posted by MellowDee (Post 8021532)
Besides in saying that, I'm still confused as to why you would suggest that? How would that way benefit me more than this route? :confused:

That's not enough?


Originally Posted by MellowDee (Post 8021532)
I read somewhere on some website it says 4 passport photos of me. But, if it requires one of him too, then we'll just have to add one of him as well :lol:

"somewhere on some website" should never replace CIS or DoS instructions - it's CIS and DoS that 'own' the process. Other sources can only supplement, and other sources are not all as knowledgeable as one might think.

Regards, JEff

Rete Oct 16th 2009 2:47 pm

Re: New to this, need some help!
 

Originally Posted by MellowDee (Post 8021532)

If he is stationed in Iraq during the time when we should be married, I won't be going, and will have to file for an extension of the Visa (since I think from the day it's issued I have 4 months to get into America, and only once I step foot in the country does the 90 day limit begin)? And I think it would be a very good excuse to ask for the extension and would be understandable...

There is no extension of the K-1 visa. So you would have to start from the beginning with a new one.


For my circumstances, I believe it wouldn't really be in my best interest to get married and return home...

Besides in saying that, I'm still confused as to why you would suggest that? How would that way benefit me more than this route? :confused:
Because you would enter the US as a permanent resident and not have to marry and apply for that status. You will have the right to live and work in the US from day one of entry unlike the K-1 Fiancee Visa where you won't be working while you wait for the EAD to be sent to you (up to 90 days later) or be able to travel outside of the US (again up to 90 days after submitting your AOS) and if your husband is overseas again, you will have to postpone your AOS interview if it is scheduled during that time.

Rete Oct 16th 2009 2:50 pm

Re: New to this, need some help!
 
You haven't mentioned any evidence of your relationship and having seen each other in person during the last two years. This must be documented.

YouWantFriesWithThat Oct 16th 2009 2:55 pm

Re: New to this, need some help!
 

Originally Posted by MellowDee (Post 8021532)
Just a few questions, how should I put that? Just, type out a small letter which literally says "I am not married and will be able to marry *name of fiance*" and then sign it? Or do I need to go into any bigger details?

And, what is ACPO? ^^;;

Hi MellowDee,

This forum is a great place to get info but you really need to start reading up on the process into which you are entering. It's really important that you have in your mind a good idea of what the initial process involves. So start by reading the 'K1 info' section of 'Wiki links' at the top of the forum page.

The intent to marry statment is usually something like:


I (name) do hereby state that I am legally able and willing to marry (fiance's name), and intend to do so within 90 days of my arrival into the USA using the K1 visa.

ACPO means Association of Chief Police Officers and is a generic term used for the Police Certificate, which you will need once your fiance's petition (the I-129f) has been approved and you enter the next phase.

paul_79 Oct 16th 2009 4:30 pm

Re: New to this, need some help!
 
Can a K1 not be expedited if the fiance is in the military and due to be deployed? I'm sure I read that somewhere. Or am I imagining things??

meauxna Oct 16th 2009 4:48 pm

Re: New to this, need some help!
 

Originally Posted by paul_79 (Post 8021852)
Can a K1 not be expedited if the fiance is in the military and due to be deployed? I'm sure I read that somewhere. Or am I imagining things??

The expedite depends on the timing of the whole affair. The OP and her fiance might want to read this page and its associated links.
Members of the Military & Their Families

Noorah101 Oct 16th 2009 4:48 pm

Re: New to this, need some help!
 

Originally Posted by paul_79 (Post 8021852)
Can a K1 not be expedited if the fiance is in the military and due to be deployed? I'm sure I read that somewhere. Or am I imagining things??

Some things can be expedited due to the USC spouse being in the military, but I think it's only for naturalization purposes....not a K-1 visa.

Rene

MellowDee Oct 16th 2009 4:52 pm

Re: New to this, need some help!
 

Originally Posted by jeffreyhy (Post 8021569)
MD,

The visa will be valid for 6 months, and can not be 'extended'.

You won't be able to return home without first applying for adjustment of status and applying for and receiving advance parole. And the adjustment of status process will require you to be in the USA for a couple of events - a biometrics appointment and an interview.

Regards, JEff

I'm trying to find the exact place I read about it (but I've been to so many websites I can't remember where I read it) but, I did read something about a "revalidation" or extension of a K1 Visa (granted, this doesn't apply to the 90 days) if you have not been able to marry within the 4 months granted. But to do this you need to contact a consular officer and explain the circumstances (http://immigrationroad.com/visa/k1-f...ancee-visa.php is one website which claims that this is possible). That's why I said what I said. But if this isn't possible then, it's not possible

And I understand I won't be able to return home. I meant that, I can't get married and then file for I-130, as I can't get married, return home, file for I-130. It would be better for me to file I-129, and then get married knowing I would be living with him rather than returning to England


Originally Posted by Rete (Post 8021604)
Because you would enter the US as a permanent resident and not have to marry and apply for that status. You will have the right to live and work in the US from day one of entry unlike the K-1 Fiancee Visa where you won't be working while you wait for the EAD to be sent to you (up to 90 days later) or be able to travel outside of the US (again up to 90 days after submitting your AOS) and if your husband is overseas again, you will have to postpone your AOS interview if it is scheduled during that time.

As long as that's possible to do (changing the AOS date), then that's what I would have to cope with, since he's at the mercy of the military and what they want from him. No matter what route we take, we're going to have to deal with any "suprises" the military throw at us. And he has warned me that he could get a call at any moment which says "In 4 days, you leave for Iraq", and he'll have to do it. I don't think there's much anyone could do in this situation to avoid things like this. The price of working for the military


Originally Posted by Rete (Post 8021609)
You haven't mentioned any evidence of your relationship and having seen each other in person during the last two years. This must be documented.

I didn't know I had to add this in at this point. I thought this was for the interview in London? How much information do I have to include in this initial step? And will I be able to reuse the same information that I give in this I-129F at the interview (such as the same photographs and the same flight information)?


Originally Posted by YouWantFriesWithThat (Post 8021623)
Hi MellowDee,

This forum is a great place to get info but you really need to start reading up on the process into which you are entering. It's really important that you have in your mind a good idea of what the initial process involves. So start by reading the 'K1 info' section of 'Wiki links' at the top of the forum page.

The intent to marry statment is usually something like:

I (name) do hereby state that I am legally able and willing to marry (fiance's name), and intend to do so within 90 days of my arrival into the USA using the K1 visa.

ACPO means Association of Chief Police Officers and is a generic term used for the Police Certificate, which you will need once your fiance's petition (the I-129f) has been approved and you enter the next phase.

I have read almost everything I can get a hold of (including the links at the top ^^) but I thought it would be best to ask and get a second opinion, making sure we're doing this correct and I'm not just completely overlooking something ^^; Thank you for the lookout though :D

And thanks for everyone for posting and helping me out, it's greatly appreciated. I'm sorry I must seem like I know nothing :o

MellowDee Oct 16th 2009 5:03 pm

Re: New to this, need some help!
 
This was a double post, I'm so sorry

jeffreyhy Oct 16th 2009 5:18 pm

Re: New to this, need some help!
 
MD,

You appear to be confusing several different things, fixating on the 4-month period associated with 1 of them.
- the approval of the I-129f petition is valid for 4 months, but can be extended by the consular officials.
- the K1 visa is valid for 6 months, and cannot be extended.
- one has 90 days to get married after entering the USA as a K1, and if the marriage takes place more than 90 days after entry an I-130 petition must be submitted along with the I-485 application to adjust status.

I mis-read the part of your post about returning home, I understand now that you do not wish to. Sorry for introducing confusion about that.

Regards, JEff



Originally Posted by jeffreyhy (Post 8021569)
The visa will be valid for 6 months, and can not be 'extended'.


You won't be able to return home without first applying for adjustment of status and applying for and receiving advance parole. And the adjustment of status process will require you to be in the USA for a couple of events - a biometrics appointment and an interview.

Regards, JEff


Originally Posted by MellowDee (Post 8021898)
I'm trying to find the exact place I read about it (but I've been to so many websites I can't remember where I read it) but, I did read something about a "revalidation" or extension of a K1 Visa (granted, this doesn't apply to the 90 days) if you have not been able to marry within the 4 months granted. But to do this you need to contact a consular officer and explain the circumstances (http://immigrationroad.com/visa/k1-f...ancee-visa.php is one website which claims that this is possible). That's why I said what I said. But if this isn't possible then, it's not possible

And I understand I won't be able to return home. I meant that, I can't get married and then file for I-130, as I can't get married, return home, file for I-130. It would be better for me to file I-129, and then get married knowing I would be living with him rather than returning to England




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