When Should I propose and start K1 visa???

[MarvinStumpwater1 0]

Hello everyone!

 

I need serious help as I am new to this. I want to share a brief overview of my story and see if anyone can give advice. 

 

I am American. The love of my life is German. We have dated about a year very seriously and visited back and forth about 5 times in the past year. I am dying to propose to her. I have some fears and uncertainty with regards to the legalities of my proposal....

 

Currently, I am writing this on July 27, 2019. She is coming to visit me in the US from August to October and already has flights booked again for December to January. She is enrolled in a Master's Degree program that will not conclude with her graduation until March 2021.

 

This is where my uncertainty begins. 

 

I really want to propose to her in October 2019 while she is here visiting. 

 

1. I do not want this to screw up her ability to visit again in December 2019 to January 2020 ( which we already have planned and booked)

 

2. She cannot come to the US permanently for marriage until after March 2021. 

 

Here is my questions. 

 

If I propose in October 2019, do I have to apply IMMEDIATELY for an I129 form? 

If I do have to apply immediately, it looks like processing times are anywhere from 6 to 12 months.... As I said earlier, she cannot come here for good for another 18 months due to her schooling. 

If we apply for a K1 visa, can she and I still visit back and forth during the processing times?

 

ARE THERE BETTER OPTIONS FOR US?? We want to marry in the US and live here permanently ASAP when she graduates in March 2021. I also am wanting to propose to her ASAP without screwing our chances of seeing one another frequently and/or risking approval of a K1 visa before we can actually use it due to her school. 

 

 

ANY HELP IS SO MUCH APPRECIATED!!!

[Boiler 46,162]

You do not have to file anything ever if you do not want to.

 

Most people would go the Marriage CR1 route which takes a year or so, marry and then file assuming she will want to immigrate.

[Duke & Marie 1,389]

You could hold off filing for her until she’s 6 months out from finishing her studies...

 

there’s no timeframe on when you have to file for immigration, But there are timeframes on when she must enter and marry by once the application has been approved.. 

 

secondly, holding off for a while will give you another 6-12 months to gather your evidence for the application... this is a good thing... take lots of photos together etc, keep records of travel together etc it all counts... make a scrapbook of your time together etc!

[Allaboutwaiting 2,503]

As mentioned above, you can apply for a spousal visa: propose, get married, and file a few months before she graduates. 

Edited July 28, 2019 by Allaboutwaiting

[JFH 12,191]

There are no “legalities” involved with proposing. It’s not a legal status in either Germany or the US. Propose whenever you are ready to commit to marriage. If that’s October, propose on October. You don’t even have to

”propose”. Like many people, my husband and I reached a natural point in our relationship where marriage was what we both wanted and it all evolved from there. I never had an engagement ring or considered myself engaged because it’s meaningless. 

 

I would seriously consider marrying first (you can marry wherever and whenever you want) and then pursuing the spousal visa. I’m sure she isn’t spending all this time and money on her master’s to then spend 6 months or more unable to work. 

[Daphne . 1,919]

56 minutes ago, JFH said:

 

I would seriously consider marrying first (you can marry wherever and whenever you want) and then pursuing the spousal visa. I’m sure she isn’t spending all this time and money on her master’s to then spend 6 months or more unable to work. 

This, this, this! ^^^^^ 👍🏻

 

Why are you choosing the K1 route? Are you also aware of the CR1 route?

To answer your other question about visiting during the process: yes, this is possible. 

 

Yes, a K1 will get her in the US quicker but she will be kind of trapped in the US for at least 6 months, unable to work or even to travel back to Germany in case of a family emergency for example without permission.

 

If you guys are both fully aware and okay with this then go for it but try to think long term too. If it was me and I had to ask my husband for pocket money (I would not have enough savings to last me 6 months to be financially independent) to buy a new pair of shoes or something else that are not groceries, I would be miserable! 😬

(I admit, not a big K1 fan..)

 

Good luck on your immigration journey! You sound like a very thoughtful person by the way you are taking into consideration all the consequences for her, I loved reading that! 👍🏻

 

 

Edited July 28, 2019 by Daphne K

[Gomast 65]

4 hours ago, Duke & Marie said:

You could hold off filing for her until she’s 6 months out from finishing her studies...

 

there’s no timeframe on when you have to file for immigration, But there are timeframes on when she must enter and marry by once the application has been approved.. 

 

secondly, holding off for a while will give you another 6-12 months to gather your evidence for the application... this is a good thing... take lots of photos together etc, keep records of travel together etc it all counts... make a scrapbook of your time together etc!

I agree, but I would start the process about 9 months before. 

[Duke & Marie 1,389]

One thing I would recommend... renew her ESTA or tourist visa before you submit any application for either K1 or CR1... that way you know she shouldn’t have any issues visiting while they are being processed... she’ll just need to carry something that shows her intent to go home.. eg uni enrolment or job..

 

propose to your love whenever you feel the urge it doesn’t affect her travel there on vacation.. good luck ❤️

[Duke & Marie 1,389]

2 hours ago, Daphne K said:

 

If it was me and I had to ask my husband for pocket money (I would not have enough savings to last me 6 months to be financially independent) to buy a new pair of shoes or something else that are not groceries, I would be miserable! 😬

(I admit, not a big K1 fan..)

 

Haha... with you on this one, and one of the reasons why we went CR1... I would hate having to ask for money let alone feeling like a burden on my hubby... gotta admit too, it’s would be nerve racking having to move country without the added security of my hubby being stuck with me 😂 

[carmel34 3,655]

9 hours ago, MarvinStumpwater1 said:

I also am wanting to propose to her ASAP without screwing our chances of seeing one another frequently

The only issue with her visiting you in the US after you become engaged is that entry to the US is always a decision made by the CBP officer at the POE.  This entry is not guaranteed.  We have seen many examples of fiancees or spouses refused entry because of their fiance or husband in the US, this is a strong tie to the US and sometimes CBP officers feel there is a risk of overstay.  If she is refused entry for having a romantic relationship with someone in the US, you can always go and visit her in Germany.  A few other suggestions based on your post:

1.  discuss all of this with her, review the pros/cons of both K-1 and CR-1 visas so that she is fully aware of how it all works and make the decision together about which path to take

2.  become very familiar with the process, documentation, evidence, and financial requirements for US immigration, including income levels required to sponsor her for a US visa

3.  know the long-term implications of your decisions, including the issue of her having to give up her German citizenship if she ever wants to become a US citizen 3 or more years after immigrating

4.  do research on her education and potential jobs in the US

5.  talk about the option of living in Germany together, so that all alternatives on are on the table

 

Discuss everything with her and make a joint decision on what to do and how and when to proceed.  Immigrating to the US is a long, complicated, and expensive process, with long-term consequences that you both need to be fully aware of.  Include her in the decision because you will both have to live with the results.  I hope this all works out for you and that you have a very happy life together.  Everyone deserves to be with the one they truly love.  Good luck!

[Crazy Cat 42,381]

Perhaps, this would be appropriate here:

 

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 
    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 

    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.
  �

 

[Hank_ 9,174]

16 hours ago, MarvinStumpwater1 said:

Hello everyone!

 

I need serious help as I am new to this. I want to share a brief overview of my story and see if anyone can give advice. 

 

I am American. The love of my life is German. We have dated about a year very seriously and visited back and forth about 5 times in the past year. I am dying to propose to her. I have some fears and uncertainty with regards to the legalities of my proposal....

 

Currently, I am writing this on July 27, 2019. She is coming to visit me in the US from August to October and already has flights booked again for December to January. She is enrolled in a Master's Degree program that will not conclude with her graduation until March 2021.

 

This is where my uncertainty begins. 

 

I really want to propose to her in October 2019 while she is here visiting. 

 

1. I do not want this to screw up her ability to visit again in December 2019 to January 2020 ( which we already have planned and booked)

 

2. She cannot come to the US permanently for marriage until after March 2021. 

 

Here is my questions. 

 

If I propose in October 2019, do I have to apply IMMEDIATELY for an I129 form? 

If I do have to apply immediately, it looks like processing times are anywhere from 6 to 12 months.... As I said earlier, she cannot come here for good for another 18 months due to her schooling. 

If we apply for a K1 visa, can she and I still visit back and forth during the processing times?

 

ARE THERE BETTER OPTIONS FOR US?? We want to marry in the US and live here permanently ASAP when she graduates in March 2021. I also am wanting to propose to her ASAP without screwing our chances of seeing one another frequently and/or risking approval of a K1 visa before we can actually use it due to her school. 

 

 

ANY HELP IS SO MUCH APPRECIATED!!!

Proposing isn't one of the requirements for the K-1 visa.   What is required is 1) both being free to marry at the time of filing.  2)  having met in person with 2 years of filing the I-129F petition.

 

That is it.

 

As for when to file .. wait until you both are close to ready.  Right now petition times are taking less time (closer to 90 days give or take).

 

What I would suggest, and I am sure others have also, is to seriously consider the CR-1 visa, you have time to spare for this, and it has many benefits over the K-1 visa.  1) cost  2) green card upon arrival.

 

 

[HRQX 4,145]

11 hours ago, carmel34 said:

3.  know the long-term implications of your decisions, including the issue of her having to give up her German citizenship if she ever wants to become a US citizen 3 or more years after immigrating

She might qualify for Beibehaltung; https://www.gesetze-im-internet.de/stag/BJNR005830913.html:

Quote

Die Staatsangehörigkeit verliert nicht, wer vor dem Erwerb der ausländischen Staatsangehörigkeit auf seinen Antrag die schriftliche Genehmigung der zuständigen Behörde zur Beibehaltung seiner Staatsangehörigkeit erhalten hat.

§§ 17 Nr. 2, 25 StAG

[MarvinStumpwater1 0]

Thanks everyone for the advice! I am very new to this and, if you cannot tell, it is stressful on my end to make sure I choose the right option for her, myself, and both of us as a couple. 

 

Many of you are saying the CR1 route is the best. 

 

So, let me pose this question. 

 

If I "propose" in October, and her and I keep it private between us and immediate family... no FB posts. What would be the best way to pursue the CR1 visa?

 

She comes back in December for Christmas with me in the states. Next, I will travel in summer of 2020 to be with her in Berlin for at least a month. Should we then plan to marry there legally? So, I would then come back from Germany, file for a CR1 visa.... and then, expect that process would be done roughly about the time she is done with Grad School in March of 2021?

 

Side question... if we do this. Would she not be allowed back into the US between us marrying in Germany in the summer of 2020 and her finishing grad school in March 2021?

 

I am basically looking for the best answer that lets the following happen:

 

1. Very romantic and intimate proposal.

 

2. Best options for us to still visit one another before she finishes Grad School in March 2021. 

 

3. Since she is dropping her life to come to be with me in the US, I want the best option for her to make her adjustment here easy and effective. 

 

 

Thanks everyone for the help. It means more to me than you know to have complete strangers take time to help me get my one true love to the states to be with me for good. 

 

I appreciate any and all advice!!

[Boiler 46,162]

What have you got against Facebook? And why would anybody care what you post or do not post there.

 

As has been mentioned a CR1 will take over a year.