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**mute** · 10-07-2003, 11:09 AM

what a wonderful site, and its so good to see people reporting happy endings too.
I too am after help from the wealth of collective knowlegde and kindness of all using this site..
my fiancee (usa citizen) and i have filed the 129f and are awaiting processing via the nebraska center...they are quoting between 150-180 days.
a few questions arise that someone here may be able to help with please.

1) while waiting can i still vist my fiancee in the usa?
2) although im not wealthy is it possible to pay for quicker processing, id take out a loan to be with her quicker
3)would we be better off if we married now, either in usa or elsewhere?
4)does it really take 6-8 months or more
5)can i do any preparatory work prior to getting the go ahead so im prepared?
6)can anyone tell me what forms im likely to encounter once the ok is passed?

god bless anyone that can help...to those of you that have successfully gone thru the process i wish you good luck and im very envious of you...to those that are still waiting...pray it comes thru ok and soon..and to anyone that can help...thank you from the bottom of my heart...

**AHalow** · 10-07-2003, 01:38 PM

Mute,

While there really is no way to directly speed up USCIS processing of your case, there are some things that you can do to be prepared for when the processing is completed.

Probably the best thing you can do is check into the procedures that the U.S. embassy you will be working with will expect you to follow once your application has been approved by the USCIS. The Department of State actually has a link page where you can find links to the web pages of most of the embassies around the world. I cannot remember the exact URL offhand, but you can find it either through the DOS' home page or through the links page on my website, www.k1fianceevisas.com/links.html
Most embassies offer a lot of information and usually even post the forms that they will eventually require you to fill out to apply for the K1 visa. The form you are most likely to encounter is the DS-230 or OF-230, which has two parts. You will also probably encounter the DS/OF 156 (actually, it might be 165 -- I am away from my main desk and cannot precisely recall offhand -- sorry!). However, the exact forms that are required can vary by consulate, so you really should check on their web site and/or directly with them to be sure.

Two cautionary notes: (1) if you get the forms ahead of time, keep in mind that they might change by the time the consulate receives notice that USCIS has approved your K1 visa application. Make sure that you use the actual forms that are sent to you by the consulate instead of assuming no changes have been made; (2) the forms usually say that you should "attach" original documents to them; however, you usually should NOT do this. These days, consulates generally only want you to bring the originals with you when you come for your visa interview; the forms are out of date in this regard. If you attach your original documents and submit them, there is a very real risk that the consulate might misplace them and/or that you will never get them back.

As to whether or not you can visit your fiancee, I have actually heard/seen mixed reports on this. The conventional wisdom is that a fiancee coming for a visit is likely to be stopped at the border and turned back. However, I know I read a post here within the last few weeks from a fiancee from the UK who successfully came for a visit. Personally, I think the safest thing would be for your fiancee to go visit you (plane tickets are expensive, and it would be a real shame if you came all the way here and ended up getting turned back). However, if you decide to try it, you want to make sure that you have documentary evidence with you that shows that you have a residence and/or job in your home country that you do not intend to give up (at least, not at the time of your visit) and/or that you have made solid plans to return home. Whatever else you do, you also want to be completely honest with the border inspector, especially if they ask you if you have a fiancee here in the U.S.

As far as marrying, if you plan to marry in the U.S., the K1 is the only appropriate way to go (if you traveled here using a tourist visa and actually married, you run the risk of being accused of visa fraud, especially since you are already engaged). As far as marrying overseas, this MIGHT be a viable option for you IF you are in a country that offers what is called Direct Consular Filing. If DCF is available to you, it can actually be a much quicker and cleaner process than obtaining a K1 visa (I know people have posted here before about using DCF in India and it has allowed them to do the entire process in a matter of weeks instead of months (let alone the year or more it can take to become a legal permanent resident after you have come to the U.S. and married). However, DCF is NOT offered worldwide, and each consulate has different rules about who can use DCF. The most common requirement is that the U.S. citizen sponsor must be living in the country where the embassy is to use DCF. If you are interested in exploring DCF as an option, you could try contacting the U.S. embassy you will be working with to find out whether they offer it and what the requirements are.

Another word of caution about DCF: if you want to use this, make sure you are absolutely sure that it is available to you and that you understand what the requirements are. If you marry overseas and it turns out DCF is not an option for you, you will no longer be able to use the K1 visa and will have to start the whole process over and seek a K3 visa. Although the K3 visa is a viable option for spouses of US citizens, the K1 is generally a better way to go if you have the choice.

I hope this helps. Good luck with your case!

Very truly yours,

Alex Halow
www.k1fianceevisas.com

**mute** · 10-08-2003, 11:27 AM

alex,
thank you for your kindness and help...im going to try and visit, hopefully ill get in...once again,thank you for your valuable information

**Katycab** · 10-11-2003, 08:45 PM

Hi-

I just wanted to point out that *the rule is* that you should not be able to receive a non-immigrant (re-tourist/visitors) visa if you have immigratn intent- which has already been shown by your fiance application. (Alhtough the fiance app is technically a non-immigrant visa- so you may be able to argue that). Even if you get in, it could be brought up at your adjustment interview that you had to promise non-immigrant intent when you applied for the turist visa, and that you were committing fraud at that time. However, since you will be returning from *that trip*, I don't consider it fraud. You should, however, be aware of the issues. No chance your fiance could visit you instead?

BTW- fiance visa may be approved quite quickly. The processing times are not always accurate.

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