K1 K3 or AOS in USA?

[alex2012]

Hey folks,

Myself and my girlfriend are planning to live together in states.

We are working on making out minds up as to how to proceed. Here is a list of questions we got, any useful info and advice is greatly appreciated.


I am currently in UK running a business. She is in USA, she was out of work for good few months now about to start working again. I will be paying most of the bills.

My questions is what would be quickest and surest way for us to start live together.

Can she file for K1 if her income is unstable? Maybe I shall come to USA and marry her there and then apply?

If I understand AOS correctly we submit petition with all docs, then I can apply for EAD (max 3 months waiting time) and wait for conditional green card decision? Which office accepts EAD in person? How is it possible to get passport stampted with EAD while submitting in person? Simply ask?

I also read that if I am coming on K3 I can ask immigration officer to place stamp EAD in my passport in the port of entry. Is that correct?

In terms of waiting time for K1 and K3 respectively how long does it take?

If I am applying for tourist visa and I indicate that I have a gf in USA will that preclude me from obtaining B2?

If we marry say in Canada and apply for K3 will I have to apply via Canadian USA consulate?


Thanks in advance,

Alex.

[nichole]

HI, we've done K1 from UK and already have been through AOS so I'll try to answer some of your questions.

Hey folks,

Myself and my girlfriend are planning to live together in states.

We are working on making out minds up as to how to proceed. Here is a list of questions we got, any useful info and advice is greatly appreciated.

I am currently in UK running a business. She is in USA, she was out of work for good few months now about to start working again. I will be paying most of the bills.

My questions is what would be quickest and surest way for us to start live together.

It depends somewhat the state where she lives because K1/K3 petitions go to Vermont Service Center or California Service Center. Where to file is on the form I-129 at the end. Find her state. CSC is approving I129F petitions for K3s faster right now--some in 2 months. But you have to send the I-130 first and wait on a receipt before filing the I129F, so add several weeks on. VSC is is about 4 months behind. So if VSC is her service center, I would say don't do K3.

K1 times are closer together, like CSC averaging maybe 2 weeks faster than VSC...around 4 months. You could always be slower. This is just some reports of people recently approved.

Then your case goes to London for an interview. Allow another 2.5 months for that part. It gets slow in the summer and may start picking up. So a K1 could be total 6-6.5 months through London Embassy. The interview is very easy. I will say if you were not born in the UK then you will go through additional processing of 1-2- even 4 months. I keep up with several Pakistani students who never get approved at the interview. They are always put on additional processing.

Then there's the CR1 visa which has some advantages but could take a little longer. I would again say if VSC is her service center, it's going to take much longer. The petition approval times are similar to the K3 times above with CSC way faster at about 2.5 months. But then there's alot of processing done at the National Visa Center....another 2-3 months. Then 2 more months for the London interview scheduling. So a CR1 could be 7 months CSC to 11 months VSC through London Embassy. BUT the advantage is all your AOS processing is done at the National Visa Center. You enter the US authorized to work immediately and receive your social security card and green card within weeks. It used to take much, much longer and that's why the K1/K3 became the popular route. But they have streamlined the process and it's not considerably longer anymore. Plus you could continue to run your business and save up money that extra month or so. On a K1/K3 it costs $1010 to file for AOS and a pile of paperwork. You have to get medical stuff sorted by a Civil Surgeon in the US for your immunizations. More $$. And you wait for your work authorization several months and green card longer. K1's can not leave the US and return until they get the Advance Parole document or a green card.

Can she file for K1 if her income is unstable?
Yes she can file if she makes 125% of the poverty level at her current job. That's $18,212 for you and her in 2009. If there's a child, then more. Google form I-864P. By the time she gets to the interview, where the support comes up, she hopefully will have some pay stubs to show her current level of earning. She can get a co-sponsor like her parent. And London has allowed the beneficiary to self-sponsor in the past if you have sufficient investments or savings or can show your current income will continue in the US.

Maybe I shall come to USA and marry her there and then apply?

If you enter the US as a visitor or tourist with the intent to marry and remain in the country, that is considered visa fraud because your intent was not tourism but immigration.

If I understand AOS correctly we submit petition with all docs, then I can apply for EAD (max 3 months waiting time) and wait for conditional green card decision?
You apply for AOS, EAD, and the Advance Parole travel document all together for the $1010 fee. EADs are normally within 60 days and I've seen some recently closer to 30. But before you can do any of that you have to get married, get your certified marriage certificate, get a Civil Surgeon to do your immunization form I-693. So yes you can get EAD in a couple of months but how long will it take you to marry and get your paperwork together. Add on that time.

Which office accepts EAD in person? How is it possible to get passport stampted with EAD while submitting in person? Simply ask?

None. Not possible.

I also read that if I am coming on K3 I can ask immigration officer to place stamp EAD in my passport in the port of entry. Is that correct?

Old information. JFK airport was the last one doing that but it was only good for 90 days. Then you had to quit work if you didn't have EAD. Since Feb of this year, new rules force employers to verify your status and the 551 stamp isn't on the list of approved documents. A stamp is of no use in 2009.

In terms of waiting time for K1 and K3 respectively how long does it take?
Answered above.

If I am applying for tourist visa and I indicate that I have a gf in USA will that preclude me from obtaining B2?

If you're a UK citizen, you can come on Visa Waiver. If you have issues why you aren't allowed to travel on Visa Waiver, then your whole process will be more complicated because that indicated you might have a criminal record or overstayed before. If you're not a UK citizen, then I don't know about the B2 visa process. Having a girlfriend in the US does not automatically preclude you from getting a visitor visa. They just have to trust that you are going to visit and return to the UK and not try to remain and immigrate.

If we marry say in Canada and apply for K3 will I have to apply via Canadian USA consulate?

I think so, but you are getting way over the top in your plans now and Montreal Embassy is slower than London at giving you an interview date.

Thanks in advance,

Alex.

Alex dear....we all are in a hurry to be with our loved ones, but the process takes time. Do it the right way and you'll get approved. Do all you research and get your paperwork perfect the first time so your case doesn't get held up because you messed up.