Showing posts with label fiance visa. Show all posts
Showing posts with label fiance visa. Show all posts

Thursday, March 29, 2012

Adapting to American Culture

First of all, I should remind you I am British, so this post is very much written from a British perspective.  For much of the bureaucratic side of the K1 fiance visa application, the experience often has strong similarities wherever the visa applicant is from, however, in this post I am talking about cultural differences, which by their nature are a relative thing.  I also should point out is that America is a very large and diverse place and I know that this post may well contain some sweeping generalizations and subjective opinions, but I still think that it is worth writing and posting.

Basically, even if you have visited the USA on numerous occasions, seen numerous US movies and documentaries and read up on your American history, there is nothing quite like living in the US.  Yes, they speak English in the USA and there are big similarities with the UK in some areas, but don’t kid yourself that there aren’t also some significant differences.

There are differences in the way that people interact and relate to each other, for instance, and there are major philosophical differences in the way that Americans generally perceive their lives and the world around them.  The social set up and politics of the country are also radically different.  Some things, such as religion, generally form a far bigger role in American life than they do in the UK, especially if you live in the Midwest or in the southern states.



Inevitably, I think that most British expats will at one time or another find themselves wondering “what have I done” after they’ve moved, (that is certainly the case with the expats that I have contact with), and to a large extent I think it is pretty normal to feel like that.  I am not exaggerating when I say that some elements of American culture can at times be so alien as to be virtually incomprehensible to a British person.  In some ways, probably the best attitude to take when moving to the USA, I would say, is to see yourself as embarking on an adventure in a strange land, rather than just nipping across the Atlantic to a place that is very similar.  (I am not trying to put anyone off moving to the US, just pointing out that it is reasonable to expect to experience some emotional, as well as practical difficulties at times.)

Americans are generally more open and warm and less reserved than British people when it comes to strangers.  They will commonly greet, chat, and help out people they don’t know.  The friendliness can be almost overwhelming at times.  However, it doesn’t mean quite the same thing in American culture, as it does in the UK and some expats say that they find American friendliness more “surfacy”.  It can still be difficult for expats to make close friends. 

Making friends can be especially tough for expats who are middle-aged or older.  Your circle of friends tends to be large when you are in your twenties, many of them purely social acquaintances, but friends nonetheless.  As you get older, you maybe have a family, get used to doing things in certain ways, and the friendship circle tends to shrink to a hard core of old friends.  It can be hard for expats to meet and make new friends and it can take years to forge the strong friendships that expats have left back home.



Another aspect of US culture that is very different is humour.  It has virtually become a cliché to say that Americans don’t ‘get’ irony, the reality is more complicated, but the fact is that if you use a lot of irony and satire in the USA, you are liable to be misunderstood in many instances.   This is especially true in the workplace and when dealing with officialdom, such as the police and customs people.  Even in social situations, irony and satire are generally more rarely used and can get you into trouble.

Although the daily pattern of life is similar in many respects, the work culture is generally more intense in America.  The USA is definitely more of a ‘live to work’, than a ‘work to live’ culture, with longer working hours, less holidays, and fewer workers’ rights.  American life also tends to be more family orientated than it is for their British counterparts.  When not working, those Americans with families spend more of their time attending events organised by their kids’ schools etc. 

Most Americans have never really travelled much outside of the USA.  Their knowledge, interest, and direct experience of Britain, Europe, and indeed the rest of the world can sometimes seem limited and you won’t find much mention of foreign places on the TV news or in the media.  Americans don’t get much holiday time and what little they get, they usually spend within the USA.  The USA is massive, of course, with almost every type of terrain and climate imaginable, plus there are variations in culture within the different parts of the US.  It can still seem a surprisingly insular and inward-looking place generally, however, in comparison to the UK.

There are many other things that differ – one could easily write several books on the topic and still not cover everything.  Generally, outside of the big cities, American values tend to be very traditional – this is especially true in the Midwest and the Deep South.  The politics are very different too, with a different political structure, beliefs and history.  There will be times as a British expat that you will feel almost fully settled in the USA, followed by periods where you feel pretty alienated and detached, if the experience of myself and other expats that I’m in contact with is anything to go by.

If you want to read more about my own personal experiences, musings, opinions of the US from a British viewpoint, then feel free to read my personal and informal blog about moving from the North of England to the US, which is called From Sheep to Alligators.

Wednesday, January 4, 2012

My green card processing timeline

As I mentioned earlier, once I had obtained my K1 Fiance visa, there wasn’t much of a rest before I arrived in the USA, gotmarried and began the next phase of the immigration procedure which included more form filling, appointment attending and evidence gathering for the USCIS.  As the green card processing went on over a period of months, I thought it might be useful to write a summary of it as a chronological list - so here is my green card processing timeline.

IMPORTANT: Be aware that not everyone’s application follows quite the same pattern as my own.  I have read various accounts and the time delays can vary considerably, as can the order of events (for example, unlike me, many people receive their temporary work and travel permits before they get their green card).

January 14th – My wife and I got married.  This fulfilled the requirements of my K1 fiance visa.  To become a permanent resident and obtain the necessary documents for getting work, however, I needed to apply for a green card next.

February 2nd - I received my social security card after applying for it at a social security office 10 days earlier.  Although it is not essential to the process of getting a green card, doing anything official can be difficult in the USA without a social security number, which is used as a form of I.D. proof, as well as for tax purposes.  The card had written across it that I could only work with DHS authorization.

January and February - My wife and I make up a list of everything that we would need as evidence and began gathering it together for my green card application.

February 25th - Attend a medical and get my I-693 form filled out (confirmation of my vaccine records by a US doctor).

March 14th - Put in the application for greencard (I-485), along with applications for a temporary work permit (I-765) and travel permit (I-131), all our evidence, a check for the fee, and a green receipt card for the USCIS to stamp and return to me.

March 18th – Received the green receipt card I sent with package back, stamped by USCIS Chicago.

March 25th - Received notification that my forms and fee money had been received (including receipts for the temporary work [I-765] and travel [I-131] documents as well as the green card) – but also informed that I’d forgotten to include payment for the biometrics appointment and I needed to send them the money before my case would proceed.

April 3rd - Received confirmation that they’d received the money for the biometrics and that they would send me a date for my biometrics appointment in due course.

April 17th - Receive a “Transfer Notice”, informing me that they have transferred my case to the California Service Center to speed up the green card processing.

June 30th - Invited to attend a biometrics appointment on July 20th.

September 18th - Receive notification that my green card application has been accepted and they will send me a green card shortly.

September 20th - Received my green card in the mail.

Now that the green card process was complete and I had my green card, I requested that my social security card be changed to remove the writing on it that stipulated I could only work with DHS authorization.  Received my replacement card on September 26th.

I can take a breather now regarding immigration bureaucracy until my green card runs out in 2 years time and I have to replace it.

Monday, October 17, 2011

My K1 Fiance Visa Timeline

As I have had quite a bit of interest shown in my post on the fiance visa processing and wait time, I thought that it might be useful to post a simple breakdown of my significant dates in the process and put together a K1 Fiance Visa timeline.  It is not surprising that people get concerned about wait times and start wondering how long each stage of the process is supposed to take - applicants don’t get a great deal of information from the USCIS, in my experience, and it can sometimes feel like you have been forgotten, or your application has got lost in the system.

Once again, I think it wise to remind people that this is my own person experience of the K1 Fiance Visa process.  As far as I am aware, my experience is fairly typical, but other people’s experience might be different.  Processing times can vary according to factors such as how many other people happen to be applying at the same time as you, or if the USCIS are being more particular because they are responding to security concerns, or whatever.

The K1 Fiance Visa Timeline begins with the I-129 petition, which is submitted by the US citizen and ends with non-US citizen being issued with a K1 Fiance Visa.  The bureaucracy doesn’t end there, however, as you still have to move to the USA, get married, then begin the I-485 Green Card application process in order to work and live in the USA indefinitely – this process is easier than the visa, but still a pain.  (I will post a Green Card Timeline on here too, when I’ve got time).

Anyway, here is my K1 Fiance Visa Timeline:

March 2nd.  I-129 Petition submitted by my fiancée (the US citizen) along with the I-129 Petition relationship proof.

March 13th.  My fiancée receives a letter of receipt saying that the I-129 petition has been received.

July 2nd.  My fiancée receives notification that I-129 petition has been approved and will be sent to the National Visa Center (NVC).

July 10th.  My fiancée receives a letter stating that the NVC has received the approved I-129 petition and will be sending the information to the London Embassy within a week.

July 19th.  I receive a letter from US embassy informing me to submit the K1 Fiance Visa forms.

August 11th.  I sent off my K1 Fiance Visa application forms to the London Embassy along with my proof, including things like my UK Police Certificate, passport-style photos etc.

September 14th.   I receive a letter sent to me inviting me to arrange a K1 fiance visa medical exam and giving me my K1Fiance Visa interview date.

September 30th.  Attend K1 Fiance Visa medical exam in London

October 13th.  Attend K1 Fiance Visa interview in London.

October 21st.  K1 Fiance Visa delivered to my workplace, where I signed for it.

Friday, September 9, 2011

Fiance visa or marriage visa?

Once you and your partner have made the decision that you would like to cement your relationship and live in the US together, you have to decide which visa that you are going to apply for.  There are so many visas that it can seem like a daunting prospect.  

I thought that I would look at the options that were on offer from the USCIS for my wife and I, including whether to apply for a US immigrant visa or a non-immigrant visa, and also whether to go for a fiance visa or a marriage visa?  I will then explain how we came to our decision, in the hope that it might help other couples.


US Immigrant visa or US Non-immigrant visa?

The first thing that my wife and I found out was that US visas are split into two main groups: immigrant visas and non-immigrant visas.  Immigrant visas are for people who want to live in the US indefinitely, whereas non-immigrant visas are for people who want to live in the US temporarily for a specific purpose such as studying, or working for an employer.  

US immigrant visas are usually more expensive and time-consuming to obtain, as far as I am aware, but once you have gone through the process, you can usually become a lawful permanent resident, get your green card, and live and work in the US indefinitely, provided you keep to some basic conditions.

Although a non-immigrant visa is generally cheaper and quicker to get, there are problems if you wish to live in the US with your American fiancee, or fiance indefinitely, as a non-immigrant visa will almost certainly be temporary and you will also most likely be tied to a specific job, or study course.  Although they can often be renewed in some circumstances, it’s bound to be problematic in the long run. 
 

Fiance visa or marriage visa?

My wife and I decided that if we were to be together longterm, then we would have to get married.  This wasn’t a problem for us as we were already committed to being in a lifelong relationship.  The only question was whether we got married first and then I moved to the USA using a marriage visa, or whether I went to the USA with a fiance visa and got married there.    

We discovered that the main practical difference between the two types of visa was that with a K1 fiance visa, I had to move to the US with the undertaking that I would marry my fiancee within 90 days, whereas with the marriage visa, my fiancee and I would have to get married first and then apply for the visa.

The K1 Fiance Visa, which is what we eventually went for, is technically only a non-immigrant visa, but in practice it allowed me to enter the US and get married (we had to get married within 90 days of me entering the USA) and then, once I was married, I was able to apply for a Green Card in order to achieve LPR (Lawful Permanent Residency).  LPR means that you can live and work in the USA indefinitely, provided that you don’t breach certain basic rules.

The reason for our decision to go for a K1 Fiance Visa was that the research we did at the time suggested that the K1 Fiance Visa would work out to be both cheaper and quicker to get than a marriage visa.  The advantage of getting married first and then applying for a marriage visa, which we did not choose, is that I would have got a green card as soon as I arrived in the US, whereas with the fiance visa, I had to go through the I-485 Green Card Application process once I arrived.  

It is important to note, however, that you won't get a fiance visa without meeting the K1 Fiance Visa requirements.

Friday, August 26, 2011

Meeting the K1 Fiance Visa Requirements

Every US immigrant who wants a visa has to meet the specific visa requirements set by the US authorities.  In the case of my wife and I, it was the K1 Fiance Visa requirements that were the relevant ones.  We had to be sure that we met those requirements before we began the process that would eventually allow us to get married and live in the USA together.

Although getting a K1 Fiance visa is more expensive and takes longer than just getting a temporary visa for work or study, you can work and live in the USA more or less indefinitely once you have used your K1 Fiance Visa to enter the USA, got married and have gone through the I-485 green card application procedure.

There were four main K1 Fiance Visa requirements that my wife and I had to meet:

  • Firstly, we had to show that we were legally eligible to wed under the laws of the US and my home country, the UK.  This was pretty straightforward for us as neither my fiancee nor I had been married before, so there were no messy ongoing divorces that could potentially get in our way, or anything like that.  (We were both well over the minimum age for marriage as well, I might add!)
  • Secondly, we had to agree to get married within 90 days of me arriving in the US.  This also was no problem for us.  We were already engaged by that point and had decided upon a very small wedding ceremony, as the thought of trying to organize a big wedding would have been too daunting, distracting and, frankly, expensive for us.  We therefore opted for a simple civil ceremony attended by just a handful of friends.  Done this way, getting married in the US is pretty inexpensive and straightforward, I found, although the rules, costs and legalities do vary from state to state.  We were married in Florida and found the process quick and easy and not at all a strain on our wallets.
  • The third of the K1 Fiance Visa requirements that I was required to meet was that I would use the K1 Fiance Visa to enter the USA with the sole intention of marrying my fiancee.  I am not a visa lawyer or a US immigration attorney, but I would guess that this clause is meant to help stop people misusing the K1 Fiance Visa.
  • The fourth and final of the K1 Fiance Visa requirements was that my wife and I had met up during the two years before we filed for the K1 fiance visa.  We fulfilled this requirement and could prove that we had met up more than once over the time period mentioned with flight tickets, photographs, etc.  (I believe that this condition can be waived under certain circumstances, such as if your country or religion has customs that forbid a couple meeting up before marriage, or when the requirement might cause extreme hardship for the US citizen - but you would really have to check this up with the USCIS.)

Friday, July 29, 2011

Getting visa photos that fit the US visa photo requirements

One problem that you will probably come across quite quickly when you begin the process of applying for a K1 Fiance Visa is obtaining visa photos that fit the US visa photo requirements.  This was certainly the case for me, being British, as the US visa photo size and shape is completely different to the official photos that are used in Britain for official documents such as passports, driving licenses, etc.  This means that getting a photo for US visa from an automatic photo booth is not an option as the photos produced will not meet the visa photo specifications required for the USCIS documents.

You therefore have two options.  Either you pay someone to take and edit the photos for you so that they fit all the US visa photo specifications, or you do the photos yourself.  I chose the latter option, to do the photos myself, but whichever option you go for, I would strongly recommend that you make sure that have the finished photo(s) in a digital format – this means that you can use them again and again.  

You can also have extra back up copies on hand easily, if they are in digital format, because you can save them online, on a laptop, email them to yourself, and/or put them on a memory stick, as well as having your photos printed out in paper formats.  Even after I arrived in the US, I still needed photos for things such as the green card application and other official documents.

As I said, I chose to do the photo myself.  It is not that difficult, provided you follow all the instructions and make sure that you meet all the US visa photo requirements.  I will confess that I do have an advantage over many people in that I enjoy digital photography and have experience of basic photo editing, but the process really is not really too taxing.  I will take you through what I did.

First of all, visited the USCIS website and made sure that I had all the up to date information about the visa photo requirements.  Then I made sure that I had arranged the physical space so that the photo for visa would meet the requirements – for example, in the instructions I was given, it said that the background had to be white, or off white, and well lit, so that shadows were minimized (the best way to tackle shadows is to have two sources of light, one on either side of the person who’s picture is being taken).  It is worth spending time setting up the area where your photo will be taken, as you don’t want to end up having to do it all again.  It is also best to read through all the rules in advance for similar reasons.  As well as being a pain, having your photo rejected may slow the whole K1 Fiance visa process.

I got a friend to take the visa photos.  Again, there were rules for how I had to sit and comport myself, although most of them were fairly obvious.  My friend took half a dozen photos and I picked the best photo for US visa from them.

The photo had to fit the visa photo size requirements, which meant for me that I had to crop it to make it into a 2 inch by 2 inch square (51mm by 51mm).  I used Adobe Photoshop to do it, but there are plenty of free cropping tools available online nowadays, including online cropping tools at US Consular websites.  I think you can also scan an existing photo, or submit your photo in a digital format nowadays, but you would have to check up on the rules regarding that, as I don’t know for sure.  I printed my photos out on photo paper, cut them out, and submitted them in paper form.

Tuesday, June 28, 2011

I-485 Green Card Application and I-684 Affidavit of Support

Unfortunately, the bureaucracy didn’t stop for me once I had entered the US with my K1 Fiance Visa and got married.  The K1 Fiance Visa can only be used once, so having entered the USA and got married, its use was essentially over, although I did, of course, keep all my documents in case they were needed for proof further down the line (the I-94 inside my passport, for instance, was essential later for proving that I had entered the country legally, as was the I-797 approval notice that was received by my wife at the end of the I-129 petition process).  Anyway, I was now ready for the next stage after getting married in the US (Florida), making my I-485 Green Card application for permanent residency, known as an adjustment of status or AOS.  If that was successful, then I would receive a USCIS Green Card and be classified as a resident alien by the USCIS.  Along with the I-485 Green Card application, I also applied for Advance Parole (AP) and Employment Authorization (EAD), as there was no fee to pay if I filed them at the same time as my application for adjustment of status (AOS).

The I-485 Green Card application is a thick form with lots of questions, but I had got used to filling out those when undergoing the K1 Fiance Visa Process.  What was a pain about applying for Adjustment of Status, in my wife and I’s experience, was putting together all the masses of evidence that was needed to go with the accompanying I-684 Affidavit of Support.  As well as providing proof that we were are married, my wife also had to present proof that she was financially solvent and able to support me.  This basically involves collecting together piles of tax returns that have to be sorted through and copied, as well as letters from my wife’s boss and months and months of bank statements, amongst other things.  I also had to include the I-693 vaccination supplement, a copy of my I-94, the I-684 Affidavit of Support, along with copies of all the bank, employment, and tax documents.  We also included evidence of our relationship, including: copy of marriage license, wedding cards and photos, letter from bank showing we had a joint bank account and a few other things, such as the I-797. 

As I mentioned, as well as the green card application, I also put in applications for temporary travel documents and temporary employment permission, known as I-131 Advance Parole (AP) and the I-765 Employment Authorization (EAD), so that I have the option of traveling and working while we wait for the adjustment of status application to be processed, although in practice the AP and EAD can also take months to be processed.  I thought it was worth putting them in, however, as there were no extra costs, given that they were filed with my I-485 and I-684.

The whole package of five application forms and status adjustment evidence was so big and heavy it cost us $14 for the postage!  (That was on top of the $980 we had to pay for the processing of the application!)  There is also a small fee at this point that you have to pay towards the biometrics that you will have to get later.  We actually forgot to include this the first time round and were sent a letter saying that they wouldn’t start processing our forms until they had received it.  They also send letters acknowledging receipt of the various forms.

The next stage after this is the biometrics appointment.  They send a letter inviting you when they are ready.  It took over four months for me just to get the I-131 Advance Parole (AP) and the I-765 Employment Authorization (EAD), never mind the Adjustment of Status, so try to keep patient!

Friday, June 17, 2011

USCIS I-693 form and Vaccination Supplement

After getting married in the USA (Florida), I now had to file an I-485 Green Card application for permanent residency.  This is also called seeking an adjustment of status (AOS).  If all went well with that, then I would be issued with a USCIS Green Card.  Before I could do that, however, I needed to get certification to show that all my vaccinations and health checks etc. were in order.  This was to be done with a USCIS I-693 form, I discovered, which I had to get filled out and then include when I sent in the I-485 Green Card application package. 

As I had had a K1 Fiance Visa Medical Exam back in London only a few months prior and had brought my copy of the vaccinations sheet with me to the USA, that made things a little easier when sorting out the USCIS I-693 form.  Essentially, because I had had my K1Fiance Visa Medical Exam within 12 months previous to putting in my I-485 Green Card application, I didn’t need to undergo another medical (phew!) and I only needed the USCIS i-693 supplemental form filling out, not the entire I-693 form.

The I-693 supplemental form relates only to the vaccination supplement part of the form and has to be filled out by a designated civil surgeon, which basically means a USCIS approved doctor.  There is a list of practices on the USCIS website that I used to help me find a designated civil surgeon.  Apparently, prices vary considerably, so you are supposed to shop around.  In my small city, however, there were only two practices with a designated civil surgeon and one of them never answered my calls, so I didn’t have a great deal of choice.  The price wasn’t bad, however.  I forget what the fee was but it was somewhere in the region of $35.  I had to keep telling them that I only needed the I-693 supplemental form doing, however, and did not require the entire medical (which would have cost considerably more and was completely unnecessary in my case).

Anyway, I booked an appointment and it was all very straightforward.  As it had already been determined that I met the US vaccination requirements for the medical exam back in London, I just took along my passport as ID and my copy of the vaccine worksheet that I had been given to me after my London medical and they copied my details from the vaccine worksheet over onto the USCIS I-693 supplement.   I didn’t need any extra vaccinations.  The I-693 supplement was then stamped and signed by the designated civil surgeon and I was given a sealed envelope that I was told under no circumstances should I open. 

Now that I had sorted out my USCIS i-693 supplemental form, I was ready to put together my I-485 Green Card application package.

Sunday, May 29, 2011

Getting married in the US (Florida)

The first thing that I should point out about getting married in the US is that each state has its own laws and costs.  Even within a state, there can also be minor differences between the different counties, so it is always best to check and double check the relevant info and regulations in advance.  My specific personal experience was getting married in Florida, so bear in mind that although there are bound to be lots of similarities with other states, there will also some differences too.  Given my very positive experience, I would certainly recommend getting married in Florida.  My wife and I were married in north central Florida in the city of Gainesville, a college town which is home to the University of Florida.


Background to getting married in the US

Getting married to a US citizen and obtaining a marriage license was a requirement of my K1 Fiance Visa, but my wife and I never lost sight of the fact that were mainly getting married because we loved each other and wanted to live together as man and wife.  The K1 Fiance Visa was purely a tool for achieving that.  Given the logistical problems that would be involved with getting all our respective families together, my family from across the Atlantic in the UK and my wife’s family from the north east of the US, we opted to have just a small intimate ceremony, rather than a big wedding.  Because neither of us are particularly religious, we also decided that we would go for a civil ceremony, rather than getting married in a church.


Arranging the ceremony, getting the license and getting married in Florida

I am a UK citizen, so I can only really make comparisons with getting married in England, where I am from.  Compared to the UK, getting married in the US seems cheap when it comes to paying for a civil ceremony.  Getting married is also much quicker, although there is a three day waiting period in Florida (unless you either do a short pre-marital course, or you live outside Florida, in which case the three day waiting period is waived).  As my wife and I didn’t want to do the premarital course and we both live together in Florida, we were liable for the waiting period, and so decided to apply for our marriage license at the start of the week and arrange with the court for getting married in Florida on the Friday.  The fee was $93.50, which at around £65 seemed relatively cheap to me.  We had to go together to get the marriage license and I had to use my passport as I.D.  The marriage license they gave us was valid for 30 days, but as I mentioned we arranged for our wedding to take place just four days later.  It was all very straightforward, partly because neither of us had been married before, so we didn’t have to prove that we were divorced or widowed.


The marriage ceremony and afterwards

As I mentioned earlier, we kept the number of people at the marriage ceremony small, just inviting a couple of friends, plus my wife’s daughter.  If you are getting married in the US, be aware that because of the gun culture there and the threat of terrorism, there is much stricter security at public buildings such as court houses – I was somewhat surprised when all of us were searched for weapons when entering the courthouse on our wedding day, albeit in a friendly way.  All in all, however, I thoroughly enjoyed my wedding experience and would heartily recommend getting married in Florida.

Getting married meant that we had fulfilled the requirements of the K1 Fiance Visa by getting married in the US within 90 days.  This meant that I was now able to put in an adjustment of status application for a US green card.

Tuesday, May 17, 2011

Arriving in the US Port of entry

Arriving in the US Port of entry

The K1 Fiance Visa is a single use visa, that means that you can only use it once and so you had better make the most of it!  Arriving in the US with all my possessions in two suitcases, my passport with visa paper in it, and my sealed envelope with whatever documents the US embassy had decided to put in inside there, I was keen for everything to run smoothly.  After arriving in the US port of entry I followed the crowd as normal to the US customs desks.  Unlike previous visits to the US, when I was a temporary visitor arriving on a visa waiver and it was clear what my status was, this time I was unsure as to which queue that I should stand in as I was neither a tourist, or an American passport holder.  When I asked a kindly US Immigration Officer about it and explained that I was a US immigrant on a K1 Fiance Visa, she started a new queue and put me at the front(!)

I was nervous when a finally got to see a US Immigration Officer at the US customs desk - there was nothing amiss, I was just anxious that having gone through all the trouble of getting my K1 Fiance Visa from the USCIS, nothing should go wrong at the last minute.  As it was busy (I arrived at Orlando, Florida) and the US Immigration officer has to process all of the documents inside the sealed envelope, which takes some time, he directed me through to the waiting area, where I sat around for maybe fifteen minutes before I was called back to the US customs desk.  It took another ten or fifteen minutes to process the contents of my sealed envelope and take my fingerprints etc.  The contents of the sealed envelope appeared to be mainly just the original application documents and evidence from the K1 Fiance Visa process, but I could be wrong.

Eventually it was over and the immigration officials wished me well.  I still had to collect my baggage and go through more security, but I was through the US immigration part.  From now on, I would be living in the USA.

Monday, April 25, 2011

USCIS I-129 Petition Relationship Proof

There were two occasions when my wife (fiancee at the time) and I had to provide some sort of relationship proof during the k1 fiance visa process.  The first time was when filing our USCIS I-129 petition and the second was when I filed my K1 Fiance Visa application.  In this post I intend to focus on the first occasion, the relationship evidence that we included with the I-129f (I intend to focus on the K1 application in a later post).

The I-129f relationship proof is meant to provide proof that the couple in question have met each other within the two years before the filing of the I-129 petition application.  In our case, my wife (fiancée at the time) was the us citizen applicant and I was the foreign fiancé, so it was she who put in the petition albeit with some supporting evidence from myself.

We were both legally able to marry, neither of us having being married before.  This made some things easier as there were no divorce papers etc. to submit to the USCIS as part of our relationship evidence.

We had met on a number of occasions, despite us living on opposite sides of the Atlantic, with me visiting Florida half a dozen times and my wife and her daughter coming to the UK twice to see me.  We therefore included photos of us together and photos of us with other members of our family.  My wife and I got engaged a month before we filed the I-129 petition, so we also included a photo of the engagement ring on my wife’s hand.

We included ticket stubs for some of the flights we’d taken to visit each other.

Although it probably wasn’t entirely necessary at this stage, we also included some sample copies of the conversations that we’d had with each other on Skype and Instant messaging.

I also wrote a statement, in which I stated that I intended to marry my wife (fiancee at the time) within three months of arriving in the USA.  I signed the letter and posted it to my wife, so that she could use it as relationship evidence.  My statement sample is below:

Dear Sir/Madam

I am writing to confirm that I began a romantic relationship with My Fiancee Name in 2009.  Although the relationship began online, we have since met six times in person in both the UK and USA.  Between visits, our relationship has continued through online chatting, webcam conversations, telephone, letters and email.

In Spring last year, we became engaged to be married.

I have not been married previously.

If a visa is granted, I intend to marry Fiancee Name within 90 days of my arrival in the USA and will make the necessary arrangements in order to do so.

yours faithfully

My name

Tuesday, April 19, 2011

Do I need a visa lawyer? Pros and cons and affordable alternatives


I am writing this post because I was contacted by someone who was considering submitting an I 129 petition as the first stage of the K1 fiance visa process and asked my opinion on this topic and I thought it deserved a full answer. 

It is a question that I think many people ponder before they embark on the process, but before I go through the pros and cons of do I need a lawyer, I will tell you what my wife (finance the time) and I decided with regard to this matter and why we came to the decision that we did. 

Basically, we decided against getting a US Immigration lawyer for three reasons. 

  • Firstly, I have several years of experience of working with immigrants to the UK, which is not the same as US immigration, but similar enough to give me confidence in dealing with the USCIS procedures. 
  • Secondly, we would have struggled to afford the expense of a lawyer, even if we wanted to. 
  • Thirdly, there were no particularly difficult complications that we could foresee, for example, I do not have a criminal record, I’d not been turned down for a US visa previously, and we felt able to demonstrate that we were in a genuine relationship.
 
Pros of getting a Visa Lawyer

  • If the visa lawyer is any good, he or she will know the procedures and legislation inside out.  They will also have experiences of dealing with glitches and major problems.
  • The lawyer can give you general advice on things such as time schedules and filling in the application forms, collecting evidence for your I 129 etc.
  • The visa lawyer can help you with complications, such as past criminal records, concerns over medical conditions, or visas being refused in the past.
  • The lawyer can deal with the USCIS authorities on your behalf.
 
Cons of getting a Visa Lawyer

  • The expense is the main thing that puts people off getting legal advice.  Getting a lawyer can be expensive.  You might need one, however, if there are complications, such as a criminal record, or there have been visa problems in the past.
  • It is possible that having a visa lawyer might slow the process down slightly.  For instance, if you send your application forms to them to be checked before they are sent on to the USCIS, it might several days onto the overall processing time.  They could also save you time, however, by preventing mistakes!
  • If you are in doubt, you can always enquire to find out how much a visa lawyer is likely to cost you and what services they offer in return.  You can always say no.