on getting married, paperwork, lawyers, closing the distance.. and other such things

[lucybelle]

First of all - the american citizen has to apply for the visa!!

This is wrong. The US citizen petitions for a visa for the foreign relative. The foreign relative is the one who is applying for the visa, the US citizen is petitioning for their relative. Sort of like for a work visa, the company has to sponsor a foreign worker for a work visa. Even though the company is sending in the papers, the worker is the one applying for the visa. It's like "hey, this guy- give him a visa for the following reasons..."

[snow]

Oh yeah, that's what I meant :P
Of course the visa is for the alien fiancé(e), but the american citizen has to petition for it!

[leah_c]

1. Lawyer- bad idea. I have seen so many people on visa journey get screwed over by lawyers. They feed you bad information so they can increase their paycheck. I've never seen anyone, anywhere recommend a lawyer. I'm doing everything by myself and I think it's quite doable. Just super frustrating (which doesn't improve with a lawyer!)

2. https://www.uscis.gov/files/form/i-864p.pdf There's the poverty guidelines, which can change year to year. Your SO should be making at least 125% over poverty. If he's not, you can make up the rest with liquid assets, but it needs to be a significant amount. I think it's 5 times. So if he only makes $15.000 a year, he should have $4000x5 in liquid assets, $20,000.

3. You have 6 months to use a visa, from the date of MEDICAL EXAM. I assumed our process would take a year, but they're not quoting that just approval of the I130 (the first step of the process) will take 12-13 months. Which means the whole process would take 1.5-2 years. Who knows how true this is. All I know is I filed my application in March and have heard nothing. And there have been very, very few approvals in the month of July.

My general advice is to go to visajourney.com forum for all these questions. Lots of people here do apply for visas, but EVERYONE on visa journey applies/d for them. So you're bound to get more info from that site.

Best wishes

Thanks so much for that information and the visajourney website. I've gone on the USCIS website multiple times, and it seemed like every time I found a new form I was supposed to have. Now I can go to one website with easy navigation to the forms. My SO and I are talking about his immigration to the US, but we haven't really seriously looked into it, I've just been researching. My SO would like to use an immigration lawyer, but you made good points. The process looks pretty doable by ourselves. I don't want to waste money on a lawyer when I can do it.

[leah_c]

Alright so here's what I've got:

First of all - the american citizen has to apply for the visa!!

~~~~Fiancé(e) Visa [NO ORIGINALS - ONLY COPIES!!]
I didn't list any documents showing that you're not married anymore - if you have been married before you have to proof you can legally marry again!

• payment of $340
• cover letter[listing everything that is in the package]
• FORM I-129F [fiancé(e) visa]
• Declaration of how you two met [1 page]
• Statement you intend to marry withing 90 days of arrival [1 page in the form of a letter]
• Proof you have met within the past 2 years & ongoing relationship [boarding passes, train tickets, itineriaries, passport stamps, movie tickets, any other proof (pictures, preferably with family members, phone bills, letters, emails, written documentary proof ~ 2-5 of each]
• FORMG-325 A [biometrics for both you and your fiancée]
• passport type photo [of both]
• birth certificate [or other proof of american citizenship - front and back]
• FORM G-1145 [email & text notification]

............

Wow! Great info! Thanks for sharing this and the websites.

[summerkid]

Alright so here's what I've got:

First of all - the american citizen has to apply for the visa!!

~~~~Fiancé(e) Visa [NO ORIGINALS - ONLY COPIES!!]
I didn't list any documents showing that you're not married anymore - if you have been married before you have to proof you can legally marry again!

• payment of $340
• cover letter[listing everything that is in the package]
• FORM I-129F [fiancé(e) visa]
• Declaration of how you two met [1 page]
• Statement you intend to marry withing 90 days of arrival [1 page in the form of a letter]
• Proof you have met within the past 2 years & ongoing relationship [boarding passes, train tickets, itineriaries, passport stamps, movie tickets, any other proof (pictures, preferably with family members, phone bills, letters, emails, written documentary proof ~ 2-5 of each]
• FORMG-325 A [biometrics for both you and your fiancée]
• passport type photo [of both]
• birth certificate [or other proof of american citizenship - front and back]
• FORM G-1145 [email & text notification]

~~~~~Once I-129F is approved ~> send whole package (list above) to alien fiancé(e)
The non-american citizen is going to have an interview in an american embassy in their home country (where they might have to get shots if needed!)

• copy of entire pack & things you had to send them after [take to interview]
• originals of proof of having met & having a relationship [passport, letters & such]
• letter affirming desire to marry & continued support [from american citizen]
• FORM I-134 [affidavit of support]
  - 2-3 most recent pay stubs
  - signed letter from employer [job title, start date, salary, status of position]
  - bank information [date account was opened, total amount deposit last year, present balance, average balance last year]
  - bank statement
  - income tax documents [tax retuns past 3 years, W2s]
• NOA2 [you receive two NOA (notice of actions) - the second is basically saying the non-american citizen has to have an interview]
• proof of ongoing relationship [from filing to interview]
• vaccination record -> receive copy of DS-3025 [shots you got]

~~~~After arriving in the US
To do list :P

• apply for social security number [2 weeks after entrance]
  -FORM SS-5 [social security card]
  -passport & visa
  -valid I-94 [the little paper you get in the plane before you land]
  -US immigration documents
• apply for marriage licence [in CT it's $30]
• apply for marriage certificate
• get married [WOHO!]
• change name on SSN
  - SSN card
  - marriage certificate
• complete Form I-693 [medical ~> copy of DS-3025!]
• apply for adjustment of status [become a resident ~> get green card]
• apply for employment authorization document [work permit]
• apply for advance parole [if needed - you can't leave America without it or you may not reenter]

~~~~Adjustment of status for K-1
Apply as soon as you get your marriage certificate - it takes a LONG time to become a resident - in CT they are currently processing the applicants from april 2012 :/

• payment of fee $605 + $85 biometric fee
• cover letter [with all the things you put in]
• FORM I-485 [adjustment of status]
• copy of spouse's passport [all important pages]
• copy of spouse's visa
• copy of NOA2 [approval for 129F]
• copy of spouse's I-94 [front & back]
• copy of birth certificate [& translation if not english - front and back]
• certified copy of marriage certificate
• FORM G-325A [just non-american citizen]
• two passport type photos
• FORM I-693 [medical]
• FORM I-864 & copy of info for I-134 [affidavit of support]
• FORM I-765 [work permit - you CAN put it in here and pay $380, but it nullifies once your visa runs out and the process takes 90 days itself so it won't be done when you apply for it at the same time you apply for AOS! It's best to apply for this separately!]
• FORM I-131 [travel permit - if you need it]
• FORM G-1145 [email & text notification]

~~~~Employment Authorization Document [EAD]
It's best to apply for this separately because the process takes 90 days - it however ends with your visa running out.
So once you applied to become a resident you are an "applicant to adjust status" and can stay in america - if you leave you can't reenter

• payment of $380 + $85 biometric fee
• FORM I-765 [EAD]
• copy of form I-94
• 2 passport photos
• copy that I-485 is pending
• FORM G-1145 [text & email notification

You will have an interview where you'll be asked many, many questions to proof that your relationship is real, but once that's proven you will either get your "green card" right after the interview or it will be sent to your home - however you will have to do that interview dance over and over for the next years: after 2, 5 and then after each 10 years.
To get the interview can take up to two years - so be prepared for that!

All the information I put here, I have from:
immihelp -> https://www.immihelp.com/visas/kvisa...n-process.html
&
visajourney -> https://www.visajourney.com/content/guides

Wow.. just.. Wow.. thank so much for sharing this. Maybe it should be put up like a sticky somewhere haha .. for .. anybody and everybody to get an idea on what is needed and h wto organize some of the info

[summerkid]

Thanks so much for that information and the visajourney website. I've gone on the USCIS website multiple times, and it seemed like every time I found a new form I was supposed to have. Now I can go to one website with easy navigation to the forms. My SO and I are talking about his immigration to the US, but we haven't really seriously looked into it, I've just been researching. My SO would like to use an immigration lawyer, but you made good points. The process looks pretty doable by ourselves. I don't want to waste money on a lawyer when I can do it.

I know what you mean. both Lucybelle and Zephii have very good points, but I also found that the USCIS website can be overwhelming

[summerkid]

I wanted to say congradulations on your big steps. I'm so excited for you. Also wanted to wish you good luck on this process. You will always get support here.

thanks a lot. It is exciting, but also scary a bit. And I think that is normal, because it's a big step.. not just getting married but moving to a different continent.

[summerkid]

My husband and I have been through the *pain-staking, long, drawn-out* process of moving to the US. If you have any other questions, let me know. Although I see Snow has got a lot of good info already up. For us it took about 8 months to get the visa and still waiting on the green card. We applied for an i-129 and k-1 visa. We decided to wait to get married until he got the visa so he could move here first (in case anything went wrong). No lawyer needed...just read, read, read!

Thank you so much for the offer! Wow.. that is quite a lot of time you guys had to wait. My SO will have an appointment with a lawyer but i don't think we'll go further than that. I am really glad I came here with this because the feedback you guys gave me encouraged me to just take things in my own hands. So you are now waiting for the green card?

What I am afraid of with the K1 visa is getting to the states, getting married and then not being able to work or do anything for 5 months or so while I am waiting for the social security number and green card. I understand it takes less afterwards to adjust status, but still. I'd like to find a job and be on my own as soon as possible after I get there.

[.:*Shaunna*:.]

I know how you feel - while we are not looking at starting the visa process until May 2015, I am researching now and it's already quite overwhelming. To me I think it's just the added pressure that if we get it wrong there's a lot at stake

[Peachy]

I'm going to put my points in the quote. I'm about to start going through the K1 Process.

Since it seems there are quite a few of us undergoing changes, or dealing with authorities, moving, etc. I was thinking maybe we can have a place to vent or share or ask questions in.

My summer so far has been the craziest and I think probably the best in my life. We met up in may and have been living together ever since. We got engaged a week and a bit ago.. and now we're looking to get married.
Firstly, Congrats!!! That's exciting!

Our goal is to clase the distane next summer. Which is very exciting.. but also scray and crazy, because I would be moving to the United States which is far away from everything I know. Anyways, in order to be able to do this we decided to get married as soon as possible. So.. I have a few questions and would be really grateful if you guys could share your thoughts or knowledge:

1) Lawyers... we're thinking of getting a lawyer on board for the visa process. My friends who recently went through green card process advised me to get a lawyer to make things smoother. But a lawyer is quite expensive. Did you employ the help of lawyers? Was it doable without?
If you're engaged and going through the K1 visa, you can definitely do it without a lawyer. If you're concerned about paperwork etc, I would suggest looking into a certified (do your fact checking because there are scammers out there) immigration consultant. We will be doing it ourselves because it's pretty straight forward.

2) I know I need a sponsor. But I heard that the cutoff is at 19.000 USD/year. My SO makes less than that cause he's a graduate student. He does have a lot in savings though. Do the savings count? Is there any way around this?
I'm not sure about the income requirement for the K1 visa as both my SO and I are very situated in our careers and have assets. It wasn't something we were worried about in our process because he can support me until I find a new position or if I can transfer to my US office.

3) We're planning for the entire process to last about a year - according to the info on visajourney and USCIS sites. I will be in school this year though and I cannot leave europe earlier than June. So, if we get the visa approved earlier than expected, do you know if you have to honor it immediately?
I believe the K1 visa is quicker than the CR-1 (marriage visa), according to some posters on VJ. If you were to get the K1 visa, it could take 8+ months and once you're approved, you have to come to the states the get married. You would have to honor it or the visa is cancelled and you'll most likely have a headache trying to re-apply. I would suggest applying for the visa's once you're actually ready to move out of your country.

We're planning on doing the civil ceremony now, in September. The information I gathered so far led me to believe the easiest place to get married in europe is Denmark ( if not Denmark, then Sweden). So we're probably going to do that. We're definitely not taking our time, but we're certain this is what we want to do.I am excited ... but I am also worried about this whole process and stressed a bit.

As I said, I'd really appreciate it if you guys knew anything about this.. or if you haev similar experiences to share, or thoughts .. concerns. I think there are a few of us engaged or getting married soon and applying for visas or closing the distance. What are some of your frustrations or thoughts? ..

[Mairja]

I was wondering if there's anybody here that has advice to offer about moving to Canada? First of all, being Norwegian I apparently don't need a visa (hurray). What worries me though, is the sponsoring - how much is the minimum amount he has to be making? And I assume that changes when there's not just one, but three people that need sponsoring (I have 2 children). Also, has anybody here gone through all this already - if so, how long did it take to get approved? I have been looking it up online but I'm still left with a lot of questions.

How about getting married before having sponsorship approved - I don't even know if that's possible, but if it is, would that make a difference?

[nikkinoo]

Hi,

Wow lots of information regarding going into the US, my SO is American and I am in the UK, we were planning our wedding for |May 2014 but have run into problems regarding his Fiance Visa, It seems that from July 2012 I have to sponsor my partner and need to be earning the minimum of 18,600 or have the difference x2 in savings. Firstly I do not ear that type of money as |I am a single mom working for a charity. If I do save the 15k (the amount i need in savings) from my salary and working tax credits, as the savings go up the tax credits come down, and I do have to live as well lol...Obviously SO is also going to save and transfer that into my account so will show that I am receiving an amount periodically. Would I be liable for tax on that?

Would like to correspond with anyone who has either gone through this process since 2012 or are going through it now.

I had a free consultation with an Immigration lawyer who told me that there has been a case recently that took it to court and was granted residency on the ground of human rights. Has anyone heard of this, i have googled it but not been able to find any information

Thank you for reading this but im getting desperate

[kacie]

If you don't make that much then you can have a co sponsor, someone, who would be willing to be named and does make enough for the visa