K1 Visa Process - can anyone advise me on a few things please?

[heathere]

Hi everyone

I am from the UK and my fiance is from the US. We want to marry and live in the US so have just begun the K1 Fiance Visa process.

In the meantime, I have given up my job, rented my house and in a couple of months I plan on flying out to stay with my Fiance for 8 - 10 weeks. Our hope is that we can continue to fly backwards and forwards to see each other for long periods while the Visa is in process. Neither of us has ever overstayed the visitor period and we do not intend to in the future.

My questions are

- will my travel between the UK and the USA affect our visa application in any way.

- can anyone let me know their experience of the time line for the UK to USA Fiance Visa process

- If we waited and applied for the Visa while I am actually in the US will I be able to leave the US to visit the UK (for 2 weeks) while the application is being processed

- Once a K1 visa is approved and we marry I understand there is a further two year period + more form filling before the application is finalised and everything becomes complete. Can I regularly leave & return to the US to visit the UK during this 2 year period?


Thank you so much for any help and advice you can offer.

[wavedom]

From what I have heard, there will be problems if you try to enter the US on the VWP while you have a K1 application pending. Since you're planning on immigrating I do not think they would let people travel back and forth using the VWP once the K1 application has been submitted. I would recommend you to contact the USCIS and make sure before you go to the US. This would also apply if you plan on submitting the application while you are in the US and then go back to the UK for 2 weeks. If they don't let people enter the US after the application has been submitted, you would simply be refused to enter the US when you come back.

The 2 year period is the time you will spend in the US as a conditional permanent resident. This "conditional" means that you are a permanent resident, but under the condition that you stay married to the same person who originally submitted the K1 visa petition. When 2 years have passed you must apply for removing this "conditional" from your permanent resident status to become a "regular" permanent resident. You can go back to the UK once you have your green card (even if it is "conditional"). Another option is to apply for a travel document (which you can do at the same time as you apply for the green card) once you're married which you can use to be let back into the US. The reason for applying for this is that it is usually faster than waiting for the actual green card to arrive.

[barbarajlw]

Hi everyone

I am from the UK and my fiance is from the US. We want to marry and live in the US so have just begun the K1 Fiance Visa process.

In the meantime, I have given up my job, rented my house and in a couple of months I plan on flying out to stay with my Fiance for 8 - 10 weeks. Our hope is that we can continue to fly backwards and forwards to see each other for long periods while the Visa is in process. Neither of us has ever overstayed the visitor period and we do not intend to in the future.

My questions are

- will my travel between the UK and the USA affect our visa application in any way.

- can anyone let me know their experience of the time line for the UK to USA Fiance Visa process

- If we waited and applied for the Visa while I am actually in the US will I be able to leave the US to visit the UK (for 2 weeks) while the application is being processed

- Once a K1 visa is approved and we marry I understand there is a further two year period + more form filling before the application is finalised and everything becomes complete. Can I regularly leave & return to the US to visit the UK during this 2 year period?


Thank you so much for any help and advice you can offer.

If you have started the 129f petition then you the UK citizen will need to reside in the UK. You are very silly for giving up your job and renting your home. You can visit your USC fiance on VWP for a the 3 month period while you wait for your 129f to be approved but you have to show strong ties of employment and residence in the UK to not have any issues at POE in the USA. You have to be in the UK to get your medical and police checks done when 129f is approved and that can take 4-6 months. You can't just fly back and forth from UK to USA as it is at the discretion of the POE officer as to whether they will allow you to stay. Most can come and visit while the petition is being processed without much trouble. I visited from AUS and had no issues at all and stayed 89 days from March to June 2010 and was in the US the year before from Sept to November 2009. When you are approved you will then apply for a K1 visa and have an interview at London consulate. Once you arrive in USA you have 90 days to marry and then you will file for residency and be given a 2 yr conditional green card. Once you have that then you can travel. When you send in I-485 adjustment of status it is called you will also send off forms for work and travel as you will get these before green card but sometimes GC comes first.

[nichole]

Hi everyone

I am from the UK and my fiance is from the US. We want to marry and live in the US so have just begun the K1 Fiance Visa process.

In the meantime, I have given up my job, rented my house and in a couple of months I plan on flying out to stay with my Fiance for 8 - 10 weeks. Our hope is that we can continue to fly backwards and forwards to see each other for long periods while the Visa is in process. Neither of us has ever overstayed the visitor period and we do not intend to in the future.

It's the constant back and forth that will get you denied entry after a couple of times, especially if the visits are long ones. It's up to the officer but you could be put on the next plane back to the UK on any trip. It's not because you've got a petition filed but because of too much time in the US and having no ties to show you will return to the UK (job, home, no income.) Being a "nomad" will make you very suspicious to CBP at entry.

My questions are

- will my travel between the UK and the USA affect our visa application in any way.

No. Nor will being denied entry.

- can anyone let me know their experience of the time line for the UK to USA Fiance Visa process

There are 2 service centers processing petitions. One is slower than the other. Some people currently waiting are at 6-7 months and not approved yet.

Then the case goes to London where you can estimate an additional 2 months for you to apply for the visa-- applications, immunizations, medical exam, gathering documents, and interview.

- If we waited and applied for the Visa while I am actually in the US will I be able to leave the US to visit the UK (for 2 weeks) while the application is being processed

You can leave the US. Getting back in after going home for only two weeks will be the risk. Customs and Border Protection DO NOT know who has filed a petition. It is not a factor. They do know how often and for how long you have entered on VWP and will use that information to decide if you are abusing your VWP privileges. It's for tourists, not "living" in the US more than your home country.

- Once a K1 visa is approved and we marry I understand there is a further two year period + more form filling before the application is finalised and everything becomes complete. Can I regularly leave & return to the US to visit the UK during this 2 year period?

You need to study the process. There are several parts, with waiting in between, and forms/documents and new fees at each point.

• US citizen files I-129f petition
• UK citizen applies for a visa at the embassy in London. That visa gets you one entry into the US for 90 days to marry. If you leave, you start over with a spouse visa to get back in.
• Couple marries in the US and the UK citizen applies for a greencard (filing for adjustment of status). At the same time, you apply for work authorization and a travel document called Advance Parole. Once you get the AP (60-90 days) then you can leave the US and get back in using it. Once you get your Conditional greencard (2 yr card), you can travel at will and don't need the AP anymore.
• UK citizen applies to remove conditions on the 2 year greencard three months before it expires. You will get a 10 yr card.

[heathere]

Nichole, thank you very very much. Lots of really helpful advice and i really appreciate the time you have taken to talk to me

[nichole]

Nichole, thank you very very much. Lots of really helpful advice and i really appreciate the time you have taken to talk to me

You are welcome. My husband is from the UK and visited many times with no problems, but it was for 2 weeks with 3-4 months in between. You need to plan your visits where you don't stay months, leave for 2 weeks, then come back to stay 3 more months. If you don't mind being denied and turned around you can do it and see if they let you in. It won't hurt your K1 process. Do not over-stay!

Tip: Pack like a tourist. Don't look like your moving over by bringing all your winter clothing for a summer vacation, or your entire CD collection, or 50 pairs of shoes.