How long is the process for a K1 visa?

I am hoping you can help me. I am a UK citizen, with an American Fiance. I am currently here visiting for 2 weeks, and am dreading going back to the UK - I really don't want to. But of course, I do have to - which is why we want to get something in place as soon as I leave so that I can come back for good as soon as possible. We are very excited to get married. We've looked into student/work visas, as we want me to be here asap and thought that those would be the quickest route. It appears though that the K1 visa really is the only option, even though we will have to be apart for months. We would like legal advice as soon as possible, for as soon as I am out of the country my fiance wants to submit the forms - we do not want to add ONE day to the process. Are you able to help and provide some information, such as costs/time lines etc? Also, whether there would be a quicker way? We would both appreciate your help and guidance.

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Answered By: Pacifica Legal Services

I think that you are correct in your assessment that the K-1 visa is the correct option. The estimated time for obtaining an approved K-1 petition from the CIS is about 2-3 months. The good news is that an application for advance parole, allowing you to enter the country after the I-130 petition is approved, and remain while the green card is applied for, once you've married, which has to happen within 90 days of entry into the USA.

If you wish to have the help of an immigration attorney, I am available, to consult with you and assist you in the application process, once a contract is entered by the three of us. If you want, contact me by e-mail or phone. I wish you the best in your future plans.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.

You can marry in the U.S. and your citizen spouse could petition you as a spouse. It depends on your visa and how long you can stay but, you should be able to adjust your non-immigrant status to an immigrant visa while you are here in the States. The other way is to go back to the U.K. and apply for a K-1 Fiance visa and have you fiance petition you as a fiance and you will be approved to come back into the U.S. under an immigrant Visa.

Answer Applies to: California
Replied: 8/22/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jack C. Sung

K-1 visa generally takes 5 to 6 months to complete from the United Kingdom. You also have the option of staying in the US to adjust status based on marriage to US citizen, should you wish to stay and save the airline expenses. For the K-1 forms, your fiance can submit them before you even leave the United States to get the process started faster. As for cost, the USCIS filing fee is $455 and the attorney fees are $1200. The quicker way is to not leave the United States and adjust your status because you had changed your mind about staying. Please know that you will need to retain evidence of meeting with your fiance, as required by law. You will also have to prepare certified divorce decree if and only if either party was married before. For more information, please contact me.

Answer Applies to: California
Replied: 8/21/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.