Many questions about k1!

[Ranch 42]

Hello to everyone, im new to the forum but i have been reading for a while and i have a tons of question that i couldn't get answer just reading around (or maybe missed something)

My Fiance said yes! so we are going into this long process to let me go to the states and marry my loved one.

But at the moment we have alot of questions and i hope you guys could help us:

 

is Wise to hire an Attorney?

My fiance doesn't meet the minimum Income Requirements, what should we do here? Her Mother said that she would help us with anything, how it works when a Co-sponsor is involved?

What is the real time frame of this process?

We have meet in person for the first time after 2 years in a trip together in London (which is not my hometown) the last month. We have pictures together, 2 years of chat logs etc, is this enough?

For the first times her mom told us that we could live with her, is this an issue?

 

Another question that i have for my side: (Italy)

when can i start to prepare the papers that are required for the alien, IF her request is approved?

 

Thankyou so much to who will reply!

 

 

 

 

 

 

[Crazy Cat 41,844]

You have a great deal of research to do.....start here: https://www.visajourney.com/content/k1guide

 

This process will require a great deal of knowledge, planning, time, patience, and money...good luck.

[Crazy Cat 41,844]

The average time from start to interview for a K-1 (as reported by other VJ members) is about 10 months.  I suggest you also consider a CR-1 instead of a K-1.....much less expensive and the immigrant has a Green Card immediately upon arrive in the US.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

 

Unless there are children to immigrate, I would suggest the CR-1.

Edited January 24, 2019 by missileman

[Ben&Zian 4,398]

11 minutes ago, Complex said:

:

 

is Wise to hire an Attorney? No need follow the guides here honestly and save money. Process is already pricey.

My fiance doesn't meet the minimum Income Requirements, what should we do here? Her Mother said that she would help us with anything, how it works when a Co-sponsor is involved? London accepts co-sponsors so yes her mother could be one if she qualifies herself financially. Your fiance regardless is always the primary sponsor for you. This info though is not needed for initial I-129f petition, it's during the embassy phase later.

What is the real time frame of this process? Right now it seems to be taking 8-10 months about but could be longer depending how smoothly it all goes.

We have meet in person for the first time after 2 years in a trip together in London (which is not my hometown) the last month. We have pictures together, 2 years of chat logs etc, is this enough? Proof of meeting primarily comes from passport stamps showing entry/exit of the country. Hotel receipts, receipts in general from the stay, flight tickets/iteneraries, ect. Pictures are secondary. Chat logs can be used as extra evidence of communcation.

For the first times her mom told us that we could live with her, is this an issue? No.

 

Another question that i have for my side: (Italy)

when can i start to prepare the papers that are required for the alien, IF her request is approved? I wouldn't worry about this for a few months at least.

 

 

 

 

 

 

 

 

Edited January 24, 2019 by Ben&Zian

[C90 376]

12 minutes ago, Complex said:

Hello to everyone, im new to the forum but i have been reading for a while and i have a tons of question that i couldn't get answer just reading around (or maybe missed something)

My Fiance said yes! so we are going into this long process to let me go to the states and marry my loved one. Congrats!

But at the moment we have alot of questions and i hope you guys could help us:

 

is Wise to hire an Attorney? Own choice, but K1/CR1 visa are pretty easy to DIY. Personally I would only advise a lawyer if you have an extremely complicated case (things involving the law, severely overstayed a visa with consequences for this visa etc.) otherwise I would DIY, but in the end its up to you.

My fiance doesn't meet the minimum Income Requirements, what should we do here? Her Mother said that she would help us with anything, how it works when a Co-sponsor is involved? We didn't use a co-sponsor, so not sure what extra papers you'd need, Google has all the answers

What is the real time frame of this process? Typically 10-12 months from application to visa in hand (K1) and about 3-4 months longer for CR1, but that's an estimate. Could be a little quicker, could be a little slower.

We have meet in person for the first time after 2 years in a trip together in London (which is not my hometown) the last month. We have pictures together, 2 years of chat logs etc, is this enough? Technically you only need proof of meeting before at least once, but a bit more is always good (don't overload it). Include airline tickets, hotel bookings, pictures together, passport stamps and in your case you could do some chat logs. Start collecting further evidence for you interview right after filing for the visa, they sometimes want to see some evidence from the time between the start of the application up to the actual interview.

For the first times her mom told us that we could live with her, is this an issue? Nope, there's no law that says you can't live with your in laws. Check for the I-134 and the I-864 (only need for AOS or CR1) how many dependents there are for the financial picture, it's important the co sponsor makes enough to support everyone.

 

Another question that i have for my side: (Italy)

when can i start to prepare the papers that are required for the alien, IF her request is approved? Maybe your embassies / consulates website will state this. In Amsterdam your police certificate is not allowed to be older then 6 months or they won't accept it. But I wouldn't even worry bout it now, you've still got a long way to go. Start thinking bout this from the time you guys got NOA2.

 

Thankyou so much to who will reply!

 

 

 

 

 

 

 

[Ranch 42]

Thankyou so much for all of your who replied with so many important informations!

 

So we have decided to fill the I-129F,  i have a couple of questions that i couldn't  find an answer like i did with other of my questions: 

 

Does matter if one of her parents does have Criminal reports? (usa citizien)

 

I'm orphan of my father, do i have to fill the parent form with him without specify it?

 

Seriously guys thankyou again for the amazing informations and help!

 

edit: another thing that i forgot, while we preparing the  I-129F do we already need to have booked where we want to marry? 

I mean we already know what date we want to marry, just trying to understand what "proofs" i need and if i need them already.

Edited January 25, 2019 by Complex

[TandSarahJane 178]

For proof of intent to marry u just need to sign a letter stating it. 1 each for the petitioner and beneficiary.

 

I wouldnt get too attached to a specific wedding date with K1 as it can test your patience with the process - the process timeline can vary widely based on many many factors outside of your control.  Once you have the visa in-hand, there are some deadlines to be aware of also as validity periods are somewhat short  (can be extended by the consular official at their discretion). 

[C90 376]

5 hours ago, Complex said:

Thankyou so much for all of your who replied with so many important informations!

 

So we have decided to fill the I-129F,  i have a couple of questions that i couldn't  find an answer like i did with other of my questions: 

 

Does matter if one of her parents does have Criminal reports? (usa citizien) Haven't been in this situation, but I don't think so. As long as your fiancé or you doesn't have on. But prob you can find an answer on Google.

 

I'm orphan of my father, do i have to fill the parent form with him without specify it? Not sure what you mean by this. If you mean your father is deceased, just fill out his name, dob and write at the other lines (address etc) deceased. Did the same, never got an RFE for it. 

 

Seriously guys thankyou again for the amazing informations and help!

 

edit: another thing that i forgot, while we preparing the  I-129F do we already need to have booked where we want to marry? 

I mean we already know what date we want to marry, just trying to understand what "proofs" i need and if i need them already. No, please don't plan anything. Many, many people have lost down payments on their locations cause their visa took longer then expected. USCIS and the consulate / embassy know the situation. When I moved we didn't have a wedding date or location, we ended up doing a self uniting wedding in our kitchen 3 weeks after my arrival with a party with his and my family about 3 weeks later. Letter of intent from both is enough.

 

[Ksenia_O 696]

 

Since you've mentioned you'd need a co-sponsor and will probably be staying with your future MIL.. so maybe, a CR-1 route would be more beneficial for you, guys? 

missileman has already perfectly described pros and cons of both, K-1 and CR-1 routes. But, please, just think of this again.

 if you do a K-1 (I-129F)  - 1) you won't be able to work right away

                                              2) you'd still have to apply for a green card after getting married in the US (additional fee of $1225.0 and a lot of paperwork along with a very long wait) 

                                              3) you won't be able to drive until you have an Employment authorization, which currently takes about 5-6 months from  submission to your approval. 

                                              4) you won't be able to travel internationally until an Employment Authorization in hands.

 

So, basically, we are talking about at least 5-6 months of not being able to do ANYTHING... And this is if you get married the next day after arrival. If not - add an extra time to your wait. 

 

Going through CR-1 process - you are a permanent resident upon entry and don't have to worry about all those things above....  Can work, drive and etc almost immediately after arrival.

 

P.S. I was a K-1. And believe me - that wait, with doing nothing, was the hardest part of the process.

But we had to pick that route because of my son - he was under 21 but over 18 and the only way he could've follow me was a K-1. But in your case - you have a choice

 

Anyway, whatever you decide - good luck with your journey!!!! 

Edited January 25, 2019 by Ksenia_O

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Kingdomcome84 18]

On ‎1‎/‎25‎/‎2019 at 12:09 PM, Ksenia_O said:

 

Since you've mentioned you'd need a co-sponsor and will probably be staying with your future MIL.. so maybe, a CR-1 route would be more beneficial for you, guys? 

missileman has already perfectly described pros and cons of both, K-1 and CR-1 routes. But, please, just think of this again.

 

The OP made his decision to do K-1, so why try to shove CR-1 down his throat. its not always about the money with AoS costing $1225, not being able to leave the country OR not being able to work 6months. those are secondary reason that don't matter much.

 

The primary reason people choose K-1 is that they miss their partner so much and if the wait time is 3-4 months quicker than CR-1 than so be it. Another reason is the petitioner doesn't want to marry in the foreigners country at any cost, even if its cheaper to do so

 

My only advice is to file right away ASAP. I've been waiting for my NoA2 for over 4months now and counting 

Edited January 28, 2019 by kingdomcome84

[WaterLeaf 200]

I did the K1 process because I don't care about my fiancé having to wait to do anything once he arrives. I wanted him to take it easy and explore, learn the customs and adjust as needed. Once he is comfortable he'll have the decision ready to get a job, decide what to drive, etc.

I wanted him to have the time to relax and enjoy. I'll let him do some bit of housekeeping for a while.

& yes, I'm spending extra money to take care of him but that doesn't matter.

Edited January 28, 2019 by WaterLeaf
website bug, it keep messing up my textbox to type in it. JS Error?

[Kingdomcome84 18]

I did the K-1 because the wait time is unbearable as it is already and i miss her soo much that I'm willing to sacrifice money for her to be here sooner, even if its 2 months sooner im down with that. I also don't wanna marry in her country either

Edited January 28, 2019 by kingdomcome84

[Crazy Cat 41,844]

Just now, kingdomcome84 said:

I did the K-1 because the wait time is unbearable as it is already and i miss her soo much that I'm will to sacrifice money for her to be here sooner. Even if its 3 months sooner im down with that. I also don't wanna marry in her country either

Every couple has their own priorities.  But it's important to know exactly what to expect with a K-1. Good luck in your journey.

[Ksenia_O 696]

15 hours ago, kingdomcome84 said:

 

The OP made his decision to do K-1, so why try to shove CR-1 down his throat. its not always about the money with AoS costing $1225, not being able to leave the country OR not being able to work 6months. those are secondary reason that don't matter much.

 

The primary reason people choose K-1 is that they miss their partner so much and if the wait time is 3-4 months quicker than CR-1 than so be it. Another reason is the petitioner doesn't want to marry in the foreigners country at any cost, even if its cheaper to do so

 

My only advice is to file right away ASAP. I've been waiting for my NoA2 for over 4months now and counting 

 

Every day we read here something, where K-1 people ask for an advice to expedite EAD. Or - she/he  left the US without AP due to the emergency in home country and what to do and etc.. 

 

Immigration takes a lot of time, paperwork, patience and it DOES involve money. - and  a  "just wanna be together'  by itself is not going to help anybody through.

Especially, when you have to watch (not being able to help, legally, at least) how your spouse is trying to make a decent living for 2 adults, with earnings, which don't  meet/barely meet Poverty Guidelines min level.

 

The primary reason people find themselves in situations above - pure planning (financial as well)  with deficiency of knowledge, not being  well informed how AOS from a K-1 really works.

 

Has decided and has filed - two different things.  And there is still a time for OP to learn more about all options, with pros and cons, being fully aware what's going to be faced after happily married after arrival on a K-1 visa.

 

Anyway -  wish you all the best and good luck with your immigration journey!

Edited January 28, 2019 by Ksenia_O