(Closed) Is anyone else applying for a K-1 Fiance Visa?

posted 8 years ago in Intercultural
Post # 3
Member
1 posts
Wannabee
  • Wedding: June 2011

I have been looking into the visas for my husband as well. They advise you not to set a permanent wedding date as it is difficult to know exactly when the whole visa process will be complete. The process can vary in length depending upon your personal situation. You might hit a bump in the road somewhere that slows down the process or it could be done very fast, you just never know. From the time he enters the US, he has 90 days to marry. I know in “wedding time” it doesn’t seem like much but I would be careful in making any fixed decisions for the wedding. Good luck! 🙂

Post # 4
Member
753 posts
Busy bee
  • Wedding: October 2011

I used to work for a Congressman and did a lot of immigration work.  K-1 Visas are designed to take a shorter time to get approved here in the U.S. however the problem usually comes in getting an appointment at the embassy in the other country.

Can I ask what country your fiance is coming from?

I used to advise people who were marrying someone from a visa waiver country (i.e. Europe, etc) to have their fiance come here first, get married, and then apply for a permanent resident card once they were married.

Post # 5
Member
3 posts
Wannabee

Hey Y’all

I am an American, and I work overseas in Kuwait as a DOD contractor. I will be deployed here through 2012. I met an amazing Godly girl here and I we want to get married. She is Indian, and Aside from the obvious cultural barriers with family, I am trying to figure this whole visa thing out, because ultimately we want to go back to my home in the states. She was born and raised here but is an Indian citizen. She has residency in Kuwait but you can’t be a citizen here unless you are married into a Kuwaiti family so my question is this: Do I have to apply for the Fiance Visa with the American embasy in India or Kuwait or the states.

And is it possible for us to Marry in the states and then just apply for a permanant residency status and ultimately a green card, but bypass the fiance visa part. She is a Dentist and wants to take some classes near to my home so she can get her licensure in the US, so while she is there for that under a student visa, can we marry then?

Any help would be amazing. My head is spinning with it all.

thanks,

-nate

Post # 6
Member
484 posts
Helper bee

I did a fiance visa with my husband. We started the process on Dec 1, 2008. He got his K-1 in Aug 2009. We entered the US on Oct 1, 2009 and got married about a week later.  We were told to plan the K-1 would take about 9 months and it did. Once you enter the US on the K-1, you have 90 days to marry and file for an adjustment of status. So we planned on 10 months for the wedding from the date we first filed.

I met with several immigration lawyers that advised us we could get married while he was in the US on a visa waiver and by-pass the K-1 visa BUT there is the smallest chance it could cause problems later on. This is because if you enter on a visa waiver, you have said your reason for coming to the US is to visit, not to marry an American. Apparently the US govt will ‘forgive’ this lie usually. We decided to do the K-1 because there is 100% no chance they can give you trouble about it later on. And it makes applying for the permanent residence card a little simpler because you’ve already proved the relationship

I found the website http://www.viasjourney.com to be really helpful and fairly accurate with processes, timelines and advice.

Post # 9
Member
3314 posts
Sugar bee
  • Wedding: October 2010

@DutchBride21:  You’ve probably gotten to a point where my input isn’t valuable anymore, but my husband is from the Netherlands as well (though not from the Holland province – he’s from an area nearby Eindhoven).  Here is the timeline for how “fast” things moved for us:

Sep 9, 2009 – got engaged

Oct 6, 2009 – filed for K-1 fiance visa

Oct 8, 2009 – visa petition received by USCIS

Jan 5, 2010 – received word that the petition was approved on the US side of things and was being sent to the Netherlands for the final processing

Jan 18, 2010 – received packet of information from the Dutch US consulate with more forms to fill out.

Jan 25, 2010 – sent back completed paperwork

Feb 06, 2010 – received Dutch US consulate notification of our interview appointment which was set for March 15, 2010

Feb, 2010 – set up medical exam appoiment for March 10, 2010 with the US approved doctor.

Mar 10, 2010 – had medical exam

Mar 15, 2010 – had interview, was approved on the spot.  YAY!

Mar 22, 2010 – received passport with visa stamp in it!

Apr 15, 2010 – flew to the USA

Apr 16, 2010 – married by civil ceremony

Apr 30, 2010 – received marriage certificate

May 10, 2010 – filed for change of status and temp work permit

Jun 5, 2010 – received word that we were missing some documents

Jun 11, 2010 – sent in missing documents

Jun 14, 2010 – received a letter stating a date for his biometrics appointment (fingerprinting and pictures done by the US Government) is July 9, 2010

Jul 9, 2010 – had biometrics appointment

Jul 21, 2010 – Work permit was approved and put into production

Jul 26, 2010 – Notice of the scheduling of our final couples interview set for 

Jul 31, 2010 – work permit came in the mail

Aug 2, 2010 – applied for social security card

Aug 4, 2010 – received SS# (card to follow in the mail)

Aug 6, 2010 – applied for drivers license, added Anton onto my bank accounts

Aug 25, 2010 – couples interview.  Change of status approved!  Done with immigration until 2012!

 

A couple of things to note that I learned along the way or from the guy who did our couples interview:

  • If you have questions you need answered and can’t find them out via the USCIS website or by a call to their toll free number, ask to speak to an officer!!  I wanted to strangle someone one day because I had questions about what documents I was missing and the person on the phone was quoting the website verbatim.  She kept trying to tell me to hire a lawyer and I finally snapped at her.  My words to her were something like this: “Ok so what you are telling me is that I’ve paid all of these processing fees to the government so I can bring my husband in LEGALLY and yet now that I have some questions, you want me to spend MORE money by hiring a lawyer? This coming from a government that is allowing ILLEGAL aliens in left and right and not doing ANYTHING about it? You have GOT to be kidding me! There HAS to be someone there who can answer some questions about MY case!”  THEN she offered to transfer me to an officer who actually works with immigration cases…. he was able to answer all of my questions.
  • DON’T go the “easy” way and come to the US on a visa free waiver and get married and STAY here through the process!  When we were at our interview, the guy that interviewed us told us that we were an unusual case in that we did things the right way.  Usually he has to deal with cases in which people came on a visa free waiver and then stayed to try and expedite the process.  I’m sure it has everything to do with what state you are from, the day, the time, who’s having what kind of hair day, etc., but they DO watch for that, and I got the distinct feeling that had we gone that route, we wouldn’t have had NEARLY the “easy” time of it that we did and it may very well have ended in denial (as a prior poster says, by coming on a visa free waiver you are stating that your intention is to be in the US for a visit – not to get married and stay).  Now coming to the US to get married and then heading back out of country for the paperwork to be filed is a completely different ballgame and completely legal from what I understand.
  • DON’T assume on a timeline.  We were told at our couples interview that we were one of the fastest cases that he’d had in a long while and that while the website might give guidelines for how long it COULD take, there is no set timeframe that immigration has to follow.  I know of another lady who filed in April of 2009 and had a wedding all booked complete with a week of activities, etc. for the month of December 2009.  They already had had their consulate interview (in mid November) but weren’t given an answer at the interview.  They didn’t get an answer in time and had to cancel the wedding. They didn’t end up getting the visa in hand until April 2010!  So my advice is to either go the route my hubby and I did and do a civil ceremony first and then pick out a workable timeframe for an “official” wedding, or to be very much aware that the timing might not work for whatever you plan and know what your change/cancellation policies are with each and every vendor if the situation arises that you aren’t able to have the ceremony when you planned because of immigration set-backs.

 

Hope that helps!  If anyone wants any help or wants to hear more about our personal experience with this, please feel free to ask me!  

 

 

Post # 10
Member
633 posts
Busy bee
  • Wedding: October 2011

We sent our K1 visa application in about a month ago. The waiting is killing me!! We are planning to do the same thing….civil ceremony ASAP after approval and a formal big wedding later. 

Post # 11
Member
20 posts
Newbee
  • Wedding: September 2011

Hey Bees….New Bee here..i just got engaged Xmas night and we are looking at starting our K1 visa applications…I will be moving hopefully to the US from Canada…

 

Questions…

 

Did any of you use lawyers? If yes was it extremely helpful? costly?

 

Your first package/application what all did it contain? What should I be doing now to try and get ready to apply? I know I have to provide proof of our relationship? is that a first step…

 

Sorry this is all just so overwhelming..haha..and ialso have to look at getting my nursing regisatration etc in the US…etc

 

Thanks guys

 

 

Post # 12
Member
3314 posts
Sugar bee
  • Wedding: October 2010

@TammyLynn12:

I’ll try to answer this as best as I can remember.  We did hire a lawyer for the K-1 visa portion of things.  While I think that hiring the lawyer did help us streamline what we needed to get in, I wasn’t at ALL happy with the lawyer we hired.  She was a pain in the butt and very condescending to everyone involved.  I feel like in certain respects she helped us get the things together that we needed, but in other respects she actually cost us some extra time.  I know for a fact that she almost messed somethings up for us (my dad is my hubby’s financial sponsor – long story – and the financial statement that we turned into the consulate SHOULD have had signatures from both my mom and dad since my mom is joint on my dad’s tax returns.  My lawyer neglected to mention that to us).  They questioned that missing signature at the consulate, but luckily it ended up not being an issue.

As for cost, our lawyer cost $1500 just for that portion of the process (i.e. if we had gone with her to continue on for the adjustment of status after he came to the US and we were married, it would have been more $$).  Looking back I think if I knew then what I know now, I would have forgone the cost of the lawyer.  On the otherhand, we are one of the few couples that I know and talked to that actually made it through the visa process in less then 6 months, so maybe it has benefits that I’m not considering.  I do know that based on our experience with the lawyer for that step, we decided to do the rest of it on our own.  For the adjustment of status, we probably lost a couple of weeks or so because we didn’t have all the right paperwork.  Other then that, going lawyerless was a great deal less stressful to me then having one.

I’ll see if I can look up our file on what we put in the first application, but yes you’ll have to have proof of your relationship – pictures, trips together, etc.

Feel free to pm me if you want someone to talk to or if you have any questions!

Post # 13
Member
1992 posts
Buzzing bee
  • Wedding: September 2012

@aloweha: That is my predicament exactly! Thank you for sharing your story~ Can I ask if you used an immigration lawyer? My fiance is English and we’re about 10 months away from our September 21 2012 wedding and need to apply like now so any help would be greatly appreicated!

Congrats on making it all happen! So happy for you! 😀

Post # 14
Member
1992 posts
Buzzing bee
  • Wedding: September 2012

@dodgercpkl: Hi there! Just wanted to ask you what extra paperwork was required to sponsor? My parents will be sponsoring my Fiance and so I’m looking into a lawyer to make sure I get it all right and not prolong it BUT that $1500 would be awesome to spend elsewhere in our budget… BUT we already have our venue and all booked for Sept 21 2012 so I REALLY need the process to take less than 9 months… do you think a lawyer would help that? It would be worth my $1500 to not lose all the rest of our wedding…

 

Post # 15
Member
32 posts
Newbee
  • Wedding: June 2015

Kimmy I would recommend using a lawyer sice you’re in a time crunch and since your parents are sponsoring your fiancee – both are exceptional circumstances that should have professional help IMO.

Post # 16
Member
1992 posts
Buzzing bee
  • Wedding: September 2012

@case105:  ****UPDATE**** thought careful attention to detail and lots of prayer, I decided I could do it myself an am happy to report we got our NOA2 like 3 weeks ago and are on course to get approved in time! I might get a lawyer after the wedding for the sponsored visa thing by my parents but I’m very happy I saved that lawyer money by being careful & reading thoroughly & check/rechecking EVERYTHING.

 

Thank you, God! Hehe

 

If you can read and have asorryyyy straightforward case, I think you can do it yourself!

Good luck girls!

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