K1 Visa Help?

posted 3 years ago in Long Distance Relationships
Post # 7
Member
339 posts
Helper bee

So, Im currently going through this with my SO and we have decided to get married abroad, spend 10 married months living apart and then he will move here. I will try and answer your question based on what I have learned so far from scowering websites namely http://www.visajourney.com/ and the USCIS site.

When our visa is accepted, what’s my status?

He doesnt have one! He is jsut someone here on a 90 day fiance visa. If you dont get married within 90 days, he will be here illegally because the visa will expire, but if you do get married, he must then file for change of status. Change of status is where he will be applying for the green card. change of status can take anywhere from 5 months to over a year depending on what the back log is… currently about 10 months. at this time he MUST also apply for a work visa because without it, he cannot work until he becomes a permanent resident.<br /><br />what’s the basic timeline gonna be like?

K-1 visa 5 months minimum. Change of status 10 months minimum. So you’re looking at atleast 15 months before he can get his greencard.

what ‘counts’ and what’s good to include in general for photographs and documents and what-not

check these instructions: http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Also: Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo’s of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo’s. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo’s in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo’s back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional – do not worry if you do not have a ring yet!) http://www.visajourney.com/forums/topic/470043-photos-for-interview-amount-date/

I wish you much luck… if you wanna chat, send me a direct message… happy to help if i can!!!

 SamEatsBrains:  

Post # 10
Member
5199 posts
Bee Keeper
  • Wedding: April 2013

 

SamEatsBrains:  Hi!

I am a Canadian with an American partner and am currently in the midst of my visa process to move to the USA.  I’m in the home stretch now so can be of help!

First – a very good resource for you is the website visajourney.com.  If you post a question like this on the baords over there you’ll get lots of answers from very knowledgeable people.

I wold also take a look at the guides.  They have one titled something like “which visa shoudl I get” that will help you know all your options.”  For example, have you considered getting a CR1 Spouse Visa instead of a K1 Fiance visa?  That’s the route that we chose.  We didn’t like the K1 because there would be a period of time while I was doing an Adjustment of Status (that’s what you do after you get married so that he can get his green card) that I would be in the USA but not allowed to work, go to school, or even LEAVE THE COUNTRY!  For us the spouse visa worked better since I would complete the whole process first, then immigrate to the USA with a full green card and never have the weird limbo Adjustment of Status problem. 

There are costs and benefits of either option, so you want to make sure to choose the one that’s best for you.

If you have more questions, just let me know!  I’m not an expert, but I’ve been through most of the process.  It’s a little confusing at first but not too bad once you get into it.

Post # 11
Member
5199 posts
Bee Keeper
  • Wedding: April 2013

Oh and for evidence of relationship…this is what we did and so far it’s seemed fine

1) I made a photobook (used mypublisher.com) that pretty much detailed our whole relationship in pictures.  This was a practical way to send them litterally hundreds of photso of the two of us together in different locations, with each others friends, with each others family, etc.  I organized it with a couple of pages per year, and a littel bit of contextual information on each page.  We’ve been together for 6 years and happen to take a lot of photos, so I figured this would be a strong way to show our relationship.

2) We got a few signed affadavits from peopel who knew us well, such as roommates we’d had while dating each other.

3) I included some snapshots of my gmail that showed we had something insane like 50,000 emails to each other (simply by doing a search of all emails from his email address).  I didn’t print out all pages, just the first one showing that this was page 1 of 5000 of emails from his email and the last page which showed that the origional emaisl went back to 2007.

4) A note encouraging them to check out our Nexus records to see that we’d been traveling over the border every weekend to see each other.  Since we live dirving distance we didnt’ have any plane tickets or anthing like that. 

I think that was pretty much it.  I think they focus a little less on that aspect for CR1 visas since we are already married and since Canada is a low visa fraud country.  I’m not done yet, but so far it looks like there were no problems with that part of my application.  Just put in whatever you can find that you think will help in your case. It doesnt’ hurt to add more items in!  Many of the suggested items will be things that don’t make sense if you havent’ lived together, so don’t worry about that.  They understand that you may not have had the opportunity to live together due to the whole seperate countries problem.

Post # 12
Member
720 posts
Busy bee
  • Wedding: April 2013

The K-1 expires as soon as you cross the border into the US – it is a visa for entering the US one time only for the purpose of getting married within 90 days. At the border you received a card called an I-94 entry/exit visa that was stapled into your passport. It has a date 90 days later from the date you entered the US. This I-94 card is your proof of legal status in the US. When you pass the date on the I-94 you are ‘out of status’ unless you have filed for the AOS (green card). Being without statuss means that you have no legal paperwork allowing you to live here and no protection from immigration enforcement rules, so that is why it is important to file for your green card as soon as possible. Once you file for the green card you are again in legal status in the US as “AOS applicant” and protected.

 

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