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Fiancee visa processing time and such?

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  • Fiancee visa processing time and such?

    Does anyone know what the processing time for a fiancee visa / I-129 Form is?
    What if we don't get married before the visa expires? Is there some type of punishment or is does he just have to leave the States?
    What are the chances of him getting approved?

  • #2
    Does anyone know what the processing time for a fiancee visa / I-129 Form is?
    What if we don't get married before the visa expires? Is there some type of punishment or is does he just have to leave the States?
    What are the chances of him getting approved?

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    • #3
      First the USC petitions his fiancee. That can take between 2 to 12 months depending on your Service Center (Vermont is the fastest and I believe that California is the slowest). Once approved, the petition is transfer to the Embassy in the foreign country. They set an interview day with 20 to 90 days, depending on the coutry (some countries are busier than others).

      Will your fiance be denied? That depends whether you can prove you have a real relationship. Some countries are more suspicious than other because thet are known for "exporting brides".

      I suggest you visit www.visajourney.com, a web page specialized in K-1, K-3 and marriage based AOS. People can give you very specific information there.

      Good luck

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      • #4
        For a fiancee visa you have to have met in person once in the past two years or be able to prove why you could not (such as religious reasons). You need to have proofs it is a "real" relationship-mail, photographs, plane tickets, etc. I think that the I-129f's are now going to chicago/missouri? I'm not positive. Having any type of criminal record can delay things or cause him to be denied. If he's been to the US before and overstayed it might be an issue. If he's here and you don't marry within 90 days nothing happens other than he is supposed to leave. He won't be able to adust status if he marries someone else here without leaving and coming back.

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        • #5
          The K1 visa has a provision that a legal marriage must occur prior to the 90-day expiry and to the original US citizen petitioner. In the event that the petitioner and beneficiary do not marry, the beneficiary is supposed to depart the US. If the K1 fiancé were to marry (either within or outside the 90-day validity period) anyone other than the original US citizen petitioner, he or she would not be able to adjust status to PR.

          In the event that the US citizen petitioner and beneficiary do marry, but this occurs after the 90-day validity period of the K1, then they cannot adjust as a K1 by submitting an I485 AOS package. Under this circumstance, the beneficiary begins to accrue out-of-status time. A Petition for Alien Relative (Form I130) and an Adjustment of Status (Form I485) should be submitted. The hazard is that the beneficiary should avoid accruing 180 days out-of-status time.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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