Timings for I-129F visa

I am a UKC and my DH is USC in the process of applying for ILR.

I actually have a question for a friend though. We introduced a UK friend of mine to a US friend of his and now they plan to get married (I am taking a lot of credit....)

They have decided that given the rubbish new rules it is not feasible for them to settle here so my UKC friend is planning to move there. They submitted their fiance visa paperwork (I-129F) in February and saw on the USCIS website that it currently takes 5 months to process. They therefore have a wedding booked and paid for in the states for the end of August (they thought this left them loads of time)

They have recently spoken to someone in Texas, where their application currently is who tells them that the 5 months is just for THAT part of the process and it then goes to the UK which can take another number of months. Does anyone know anything about this? A few people on this forum have mentioned a timeframe of 8-10 months (which suggests that they are not going to make their wedding) DO they have options? Can he travel to US for wedding anyway??

I feel a little responsible and this site was so unbelievably helpful when we were going through the process this way I thought someone might have some pearls of knowledge

Jen

I have also realised that this would probs be better placed on the repatriation board (it wont let me delete it and move it)

I posted so much on this board when we were applying that I went into autopilot.....

Well, the I-129F is just the first stage of the visa application process... It's a petition to sponsor a visa. This takes about 4-6 months (as you have seen with the 5-month processing time). Once the I-129F has been approved, they will then need to actually apply for the visa, by attending an in-person visa interview at the US Embassy in London, and a medical with an embassy-approved physician. Then they will need to wait for the visa to be processed... So the second part can take a couple of months more.

The US Embassy website specifically says to apply for a fiancé or spousal visa 8-10 months before you wish to travel to the US.

I'm not sure that they would be able to marry anyway as they won't have the visa yet and in order to marry in the US without a visa they would need to prove that they had no intention of moving to the US to live and that they would be living together outside the US after the wedding.

If they married, they would have to start the visa process over again -- they cannot get a fiance visa for someone who is no longer a fiance. They would need to file the I-130 and wait all over again. So, no, that's not a viable option for them.

Their options are either to reschedule the wedding, or have the wedding and have it not be a legal wedding so they remain unmarried until such time as the visa is granted and they have a "real" wedding within 90 days of entering the US.

You can travel while the fiance visa (which is a K-1 visa, not an I-129F visa) is in process and all the way up to the interview; we certainly did. However, once the visa is granted and the couple is married, they need to remain in the US until the visa holder's status is adjusted and they receive either advanced permission to travel (Advance Parole, or AP, which you can apply for when you apply for your adjustment of status) or they receive their green card, which can be a couple of months.

My wife and I were in the I-129F process before we decided to move to the UK. Wasted money I know.

At the same time, my wife's friends were also in the process. They went through the I-129F process in October.

The beneficiary had his embassy interview 3 weeks back, making it 5 months since they applied. However, they paid $1,000 to have an immigration lawyer take care of everything (something we were considering doing). They constantly chase the application to get it processed as soon as possible

At this early stage it might be worth getting a lawyer involved? I take it they have been on visajourney.com?

Here is a basic breakdown http://www.visajourney.com/content/k1flow

I recall reading that spouse visa's take 2 years to process so avoid getting married until you have looked into other alternatives.

And Gwenn666, I believe the green card takes 2 years doesn't it? You have your AOS and then a review two years after that? I could be wrong however.

And Gwenn666, I believe the green card takes 2 years doesn't it? You have your AOS and then a review two years after that? I could be wrong however.

You are wrong. AOS is the application for the initial green card, which is a two-year green card with conditions attached (that you remain married to the sponsor.) The review two years later is for the ten-year green card, also called removal of conditions.

And unless things have changed VERY significantly, it takes no real extra time in petitioning for a spouse -- the time frame is almost exactly the same.

Ah, I see. I must have not realised the two-year conditional one was classed as a green card.

I am talking about September I recall reading something about spouse visa applications, I obviously misread.

It is theoretically possible for both fiance and spousal visas to take up to 2 years, but that's really only in very complicated circumstances where they need to spend a long time on background checks if the applicant is considered high risk.

The minimum processing time is 6 months with the average being 8-10 months and up to 2 years for complicated applications. I haven't heard of applications made by UKY members taking longer than the usual 8-10 months.

Great info as always

Thanks so much