Any advice for my K-1 visa future application?

[avise 0]

Hello everyone,

 

so I've met my fiance on the 25th of december 2016 online as we are both gamers and love playing video games and we had a lot of calls and chats ever since. I have an abusive family and he's always been supportive of me and loved me and he calls me his wife even though we're not married yet. at that time he lived in Israel but he is moving back to the US next month and wants me to go there with him so we can get married so we're thinking of the K-1 fiance visa. he did come to visit me twice during these last two years and has stamps on his passport from that.

 

I am currently a student and work a part time job in france but I am tunisian not french and here with student visa as for him he's going to get a job as a caregiver when he's back to america , his mom is a doctor and she also wants me to come there to marry him and she was the one who suggested it.

 

I tried to apply for a B-2 visa to at least visit cos I heard the k-1 visa process is very long but the B-2 visa got rejected for me with a letter that didn't explain much. the officer refused to give me a reason when I asked and said my situation needs to change. (didn't mention my fiance during that interview)

 

anyway now as we're planning to apply for k-1 visa last thing i'd want is a possible rejection as I heard it costs a lot of money. How do I make sure I'm illegible for this type of visa? We're both just deeply in love and want to move in together as soon as possible. what things do we need to know to get us started? What steps do we need to take to put all odds by our side so I can just go there and get married to him? nothing makes me happier than the thought of us finally living together as I've suffered so much depression in my life and he's the only part that really kept me going these past few years that were hard on me emotionally. 

 

Anyone had a similar situation as us? how did your procedure go? Did you encounter any difficulties and how did you surpass them? what things should we do and not do during the application? do things become easier if he comes with me to the interview? How long does the procedure take?

 

[Crazy Cat 42,215]

Read and understand the K-1 areas of the guides section of Visa Journey.:  https://www.visajourney.com/content/guides/

Then ask questions.  This is a great place for current and ACCURATE immigration information.

[Celie 793]

2 minutes ago, Roua said:

Hello everyone,

 

so I've met my fiance on the 25th of december 2016 online as we are both gamers and love playing video games and we had a lot of calls and chats ever since. I have an abusive family and he's always been supportive of me and loved me and he calls me his wife even though we're not married yet. at that time he lived in Israel but he is moving back to the US next month and wants me to go there with him so we can get married so we're thinking of the K-1 fiance visa. he did come to visit me twice during these last two years and has stamps on his passport from that.

 

I am currently a student and work a part time job in france but I am tunisian not french and here with student visa as for him he's going to get a job as a caregiver when he's back to america , his mom is a doctor and she also wants me to come there to marry him and she was the one who suggested it.

 

I tried to apply for a B-2 visa to at least visit cos I heard the k-1 visa process is very long but the B-2 visa got rejected for me with a letter that didn't explain much. the officer refused to give me a reason when I asked and said my situation needs to change. (didn't mention my fiance during that interview)

 

anyway now as we're planning to apply for k-1 visa last thing i'd want is a possible rejection as I heard it costs a lot of money. How do I make sure I'm illegible for this type of visa? We're both just deeply in love and want to move in together as soon as possible. what things do we need to know to get us started? What steps do we need to take to put all odds by our side so I can just go there and get married to him? nothing makes me happier than the thought of us finally living together as I've suffered so much depression in my life and he's the only part that really kept me going these past few years that were hard on me emotionally. 

 

Anyone had a similar situation as us? how did your procedure go? Did you encounter any difficulties and how did you surpass them? what things should we do and not do during the application? do things become easier if he comes with me to the interview? How long does the procedure take?

 

The basic things you need to qualify for the K1 visa are:

 

-he has to have seen you in person in the last two years

-he or his sponsor must qualify 100% over poverty limit for his household size

-you have to be able to prove it's a real relationship (the last two are mostly at the embassy stage, but still needed before you get your visa)

-he has to be a US citizen

 

Keep in mind he has to petition you to USCIS first and have his petition approved before you can apply for the visa.

 

Tunisia is a hard embassy, along with most MENA countries, so I would probably include as much proof as possible with the original petition.

 

[avise 0]

22 minutes ago, celie&joseph said:

The basic things you need to qualify for the K1 visa are:

 

-he has to have seen you in person in the last two years

-he or his sponsor must qualify 100% over poverty limit for his household size

-you have to be able to prove it's a real relationship (the last two are mostly at the embassy stage, but still needed before you get your visa)

-he has to be a US citizen

 

Keep in mind he has to petition you to USCIS first and have his petition approved before you can apply for the visa.

 

Tunisia is a hard embassy, along with most MENA countries, so I would probably include as much proof as possible with the original petition.

 

 

 

thanks a lot for the reply!

yeah we have met in person twice last two years

he's gonna have a job in the US and his mom is a doctor as well so i'm pretty sure he can qualify over poverty limit.

he is also a US citizen

 

how do we prove our relashionship is real though?

[avise 0]

1 hour ago, missileman said:

Read and understand the K-1 areas of the guides section of Visa Journey.:  https://www.visajourney.com/content/guides/

Then ask questions.  This is a great place for current and ACCURATE immigration information.

should we apply for K-1 visa or spouse visa?

Which one is easier?

[payxibka 10,047]

6 minutes ago, Roua said:

should we apply for K-1 visa or spouse visa?

Which one is easier?

Same.   Each had different timing,  requirements and benefits.

[Crazy Cat 42,215]

22 minutes ago, Roua said:

should we apply for K-1 visa or spouse visa?

Which one is easier?

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.
  �

 

[SalishSea 18,125]

39 minutes ago, Roua said:

should we apply for K-1 visa or spouse visa?

Which one is easier?

You'll find there is no easy, fast or cheap with US immigration.  Best bet is to read as much as you can and educate yourself about this process.

[DaveAndAnastasia 2,096]

The expensive parts of an international relationship are travel, supporting your fiancee/spouse until they can work and find a job, a wedding if you want something more elaborate than the two of you and witnesses at the county clerk's office, and the like.

 

The government fees for both fiance(e) and spouse visas are peanuts compared to that, in my opinion. So I'd strongly recommend against deciding between a fiance(e) or spouse visa based on that. And only decide based on processing time if there's a large difference as of when you apply (factoring in the beneficiary's country) and minimizing time apart is the most important factor to you, as processing times can change a lot in a relatively short period of time.

 

Things that you should consider

• Have either or both of you done anything that makes it difficult or impossible to get one or the other type of visa? Most notably, if you've done any traditional ceremonies that look like a wedding, USCIS could consider you married even if you are not legally married.
• Does the beneficiary have any unmarried children who will likely be between 18 and 21 when the visa is approved who want to come to the US with their parent? I believe that they can follow on a K-1 but not on a CR-1.
• Are you comfortable living apart for an extended period while married? Are you comfortable living with your fiance(e) for an extended period when not married?
• Is the beneficiary comfortable not working and not able to travel internationally for an extended period?
• Can you live at a standard that's comfortable for you on one income? If you're planning children soon, would a child change this?
• Are you ready to marry right now / at your next in-person meeting?
• If you want a large/elaborate wedding, is it important to you that it be the legal wedding?
• Is there anyone you would really like to have at your wedding that couldn't make it in the US or in your fiance(e)'s country?
• Is the beneficiary from a country where fiance visas are rarely approved?
• How difficult is it to marry a foreigner in your fiance(e)'s country? If it's difficult, is it practical to marry in another country for you?
• How important is it to be living together in the same country, regardless of anything else?
• Will travel/vacation time and/or cost issues make it difficult to visit your fiance(e) in-person again soon?

[avise 0]

8 hours ago, DaveAndAnastasia said:

The expensive parts of an international relationship are travel, supporting your fiancee/spouse until they can work and find a job, a wedding if you want something more elaborate than the two of you and witnesses at the county clerk's office, and the like.

 

The government fees for both fiance(e) and spouse visas are peanuts compared to that, in my opinion. So I'd strongly recommend against deciding between a fiance(e) or spouse visa based on that. And only decide based on processing time if there's a large difference as of when you apply (factoring in the beneficiary's country) and minimizing time apart is the most important factor to you, as processing times can change a lot in a relatively short period of time.

 

Things that you should consider

• Have either or both of you done anything that makes it difficult or impossible to get one or the other type of visa? Most notably, if you've done any traditional ceremonies that look like a wedding, USCIS could consider you married even if you are not legally married.
• Does the beneficiary have any unmarried children who will likely be between 18 and 21 when the visa is approved who want to come to the US with their parent? I believe that they can follow on a K-1 but not on a CR-1.
• Are you comfortable living apart for an extended period while married? Are you comfortable living with your fiance(e) for an extended period when not married?
• Is the beneficiary comfortable not working and not able to travel internationally for an extended period?
• Can you live at a standard that's comfortable for you on one income? If you're planning children soon, would a child change this?
• Are you ready to marry right now / at your next in-person meeting?
• If you want a large/elaborate wedding, is it important to you that it be the legal wedding?
• Is there anyone you would really like to have at your wedding that couldn't make it in the US or in your fiance(e)'s country?
• Is the beneficiary from a country where fiance visas are rarely approved?
• How difficult is it to marry a foreigner in your fiance(e)'s country? If it's difficult, is it practical to marry in another country for you?
• How important is it to be living together in the same country, regardless of anything else?
• Will travel/vacation time and/or cost issues make it difficult to visit your fiance(e) in-person again soon?

*no we haven't done any ceremony

*we have no children as we're waiting for marriage to think of that. I am also comfortable living with him of course.

*being unable to work for a certain period doesn't really matter to us as long as it all works out

* yeh we can as his family is quite supportive 

* yeah we're both ready to get married

* we prefer a small wedding with family and friends

* there's no one in particular we want in our wedding that cant make it

* I dont know if tunisia is a country where visas are rarely approved but I was rejected the B-2 visa before as I'm just a student with a part time job could be the reason even though I had 2000 euros in my bank at that period of time and had my school/job back in France

*i think it'd be better for us to get married in the USA as my fiance prefers it that way but we can get married here too I suppose if we are forced to though it'd be less of what he wants

* living together at the same country is the most important thing and he absolutely wants me with him in the USA

* no it shouldn't cause an issue

[JFH 12,191]

22 hours ago, Roua said:

his mom is a doctor and she also wants me to come there to marry him and she was the one who suggested it.

 

 

 

as I've suffered so much depression in my life and he's the only part that really kept me going these past few years that were hard on me emotionally. 

 

 

 

Two things. You should be getting married because both of you want to, not because it sounds like a good idea to his mother. Also, an international marriage shouldn’t be used as a reason to “escape” to a better life. Are you in love with him or the idea of a new life in America? 

 

Have you been treated for your depression? You might want to look at the medical requirements. A history of depression could require an evaluation that you are no danger to yourself or others. 

 

 

*~*~*procedural questions moved from “progress reports” to “process and procedures”*~*~*

Edited September 14, 2019 by JFH

[FrancoBegbie 4]

1 hour ago, JFH said:

Two things. You should be getting married because both of you want to, not because it sounds like a good idea to his mother. Also, an international marriage shouldn’t be used as a reason to “escape” to a better life. Are you in love with him or the idea of a new life in America? 

 

Have you been treated for your depression? You might want to look at the medical requirements. A history of depression could require an evaluation that you are no danger to yourself or others. 

 

 

*~*~*procedural questions moved from “progress reports” to “process and procedures”*~*~*

 

I have depression and was diagnosed with social anxiety in the past and it was noted on my medical form for the US Embassy. Currently on medication for the depression as well. I had no issues with USCIS but I would imagine it is a case by case basis. I defiantly agree with JFH that you should marry each other because you want to and love each other. Otherwise, you might run the risk of immigration fraud. 

[avise 0]

2 hours ago, FrancoBegbie said:

 

I have depression and was diagnosed with social anxiety in the past and it was noted on my medical form for the US Embassy. Currently on medication for the depression as well. I had no issues with USCIS but I would imagine it is a case by case basis. I defiantly agree with JFH that you should marry each other because you want to and love each other. Otherwise, you might run the risk of immigration fraud. 

we do love each other we've been together for a very long time and he makes me happy just talking and spending time with him. when I met him he wasn't living in the US so no trust me its not anything like seeking a life in america and but he is moving back there because of personal circumstances. (his mom has lung cancer and needs treatment) honestly idc where as long as we're there together. I am not on any medication as I am not in need of anything like that.

 

Ever since 2016 we spend every minute of our free time just talking with each other every single day so.

 

 

[jaysaldi 213]

"and he calls me his wife even though we're not married yet."

 

He should stop doing that.

 

"his mom is a doctor and she also wants me to come there to marry him and she was the one who suggested it."

 

This is weird and you should not mention this at any point during the application process.