An addendum to the previous post

[joellevand]

If our petition fails, we may consider just forgoing the whole student application process and get married in the US. What, if anything, is required for a k-1 visa? I've been to the site and saw what's at the site, but I know some countries make you bring proof that that couple will live on their own (no parental support) and that they make a

Comments

[kaypow]

visajourney.com - great resource for people undergoing the K1 visa process.

Yes, you do need to provide an affidavit of support to prove that you can support your fiance and that he will not be a burden. If you don't make enough on your own you will need to find a co-sponsor.

It's an expensive process, you file a petition (I129F) to ask for permission to apply for the K1. Then apply for the K1 itself once the petition is approved and sent to the US London Embassy. Your fiance will need to have a medical too.

The K1 is a one entry only visa. It allows the fiance to enter the USA where you must marry within 90 days. Once you are married you then need to apply for Adjustment of Status and an Employment Authorisation Document (likely you will need this regardless of whether he intends to work as it is needed for vital stuff like getting a SSN and driver's licence. When I had to go to get mine there were little kids that must've been around five years old getting their prints and photos taken for it!) Unless he files for an Advance Parole he will also not be able to return home again until the AOS is approved and he gets his (conditional) green card. I applied for AOS in 2003 and am still waiting. *sigh*. Without AP he will be unable to return to the USA and will be deemed to have abandoned his request for AOS.

The immigration process via a K1 is demoralising and not something to be taken lightly.

You will need to show evidence that you have met in the last 2 (maybe 3?) years and provide enough evidence to prove that you are able to marry (make sure divorce papers are in order and they are the appropriate ones with the correct seals), and have a legitimate relationship. My husband and I created a folder full of photos, letters, bank statements, telephone bills, anything we could think of! We're still having to keep track of stuff like that too because when I do get my AOS interview we need to prove we're married and living together as husband and wife.

Be prepared to be questioned about the failed student visa application. It's possible that might come up and effect your application, no idea why it would make a difference (though I guess it might come across as the fiance using you to get into the USA and thus an improper relationship) but be honest if asked.

Definitely check out visajourney if you do end up taking the K1 (or even K3) route. Makes delving through the unwieldy USCIS site a lot easier when you have people in the same boat to support you and whinge with! ;)

Sorry if this is a jumble of info.

Good luck.

[darth_spacey]

The immigration process via a K1 is demoralising and not something to be taken lightly.

I found it nothing but lengthy. Download the form, read it, file it, and wait. And then wait a bit more. And eventually, that day comes, and a few hours later you leave the embassy with a bunch of other jubilant types and hit the nearest pub.

[arosoff]

It depends. I know people who really got fucked over with it--a friend's husband nearly lost his job because his work expiration was about to expire and they'd lost his paperwork. They're trying to improve it now, but in the past it's been absolutely dire.

[arosoff]

Er, work authorization, even.

[darth_spacey]

Your work authorisation never expires on a K1. The card goes out of date, but you only need a new one if you change jobs. At least, that's what my lawyer told me when I was in a similar situation.

[arosoff]

This was a few years ago, so the rules might have changed, but if I remember correctly, his AOS took so long that his visa actually expired. It took years; they ended up having to get their senator involved.

[dativesingular]

You know, I didn't even know it was possible to get senators involved until today--you mentioned it, and one of my classmates in my graduate program had to do the same thing for her student visa (they were giving her a hard time because her loan paperwork hadn't come through yet). It's good to know that's an option.

[kaypow]

I guess I was referring past the K1 to the AOS, AP and EAD parts of settling in the USA too.

Also having to apply to the US government for permission to marry my husband, and to have to give them all the personal evidence they asked for I found intrusive and upsetting. Hated having to undergo the medical and be treated like a piece of cattle too.

Still waiting to hear anything about my AOS two years later. Fed up with the whole process.