When would be best to file the I-129F application? & Questions

[geowrian 22,338]

An SSN is not required to marry. If you have an SSN, it may be required to list it. If you don't have one, it's not needed. Even people who entered without inspection can marry fine.

Edited February 27, 2020 by geowrian

[DaveAndAnastasia 2,096]

3 hours ago, rainbow-skies said:

Hello everyone,

 

I am new to the VisaJourney community. My partner (US citizen) and I (Canadian Citizen) are considering going to K1 route as we plan to get me to Fl, USA early 2022 (e.g. February or March), do a private ceremony (for the sake of the 90 days) and then have more time once we are settled to plan a bigger wedding/event shortly after.

 

1) We were wondering, to roughly be able to travel there and wed by Feb/March 2022, when should we file our I-129F application?

There's no way to predict what timelines will actually be when you file, and your case could be significantly different from the average case at the time for any reason or no reason. Processing times can go up or down by large amounts in a short time, and have done so more than once over the last three years. So file when you're comfortable saying you will marry within 90 days of POE (since a K-1 is a fiance(e) visa, not a 'get to know your partner' visa) and you have met all the legal requirements.

 

Current VJ averages and USCIS's official processing time estimates can only tell you what things are like now; they can't say what they will be in the future.

[ledingham 68]

I think the Spousal Visa is better because its cheaper and there are more benefits but this option would require for you and your partner to get married and then file for the visa. This visa may also require you to live apart for at least some time.

[rainbow-skies 130]

1 minute ago, ledingham said:

I think the Spousal Visa is better because its cheaper and there are more benefits but this option would require for you and your partner to get married and then file for the visa. This visa may also require you to live apart for at least some time.

Thank you. I have been recommended this route several times and am currently looking into it. I do think it is the best route as well. I have to discuss it with my partner. And we are okay with living apart.

 

Do you know if It is possible to travel to visit her while the application is pending? Or I won't be able to return until the CR1 app is approved?

 

Thanks.

 

Melissa

[geowrian 22,338]

1 minute ago, rainbow-skies said:

Do you know if It is possible to travel to visit her while the application is pending? Or I won't be able to return until the CR1 app is approved?

Yes, you can visit. Entry is subject to CBP inspection, as always, but many people do this. Canadians usually do not have an issue unless they are spending too much time in the US. It is suggested to be outside the US more than in it, with 2x as much preferred.

[ledingham 68]

3 minutes ago, rainbow-skies said:

Do you know if It is possible to travel to visit her while the application is pending? Or I won't be able to return until the CR1 app is approved?

Yes you are able to travel to visit them but you'll need to bring some proof that you are going to return, thing like letters from employers saying when you need to be back at work. As a Canadian there is a chance you may not experience any hassle at the border but its good to bring proof just in case. Don't spend too much time there though.

Here are some more ideas for proof of return:

- Ownership of real property (real estate) and/or highly valuable tangible property
- Ownership of a business/investment/etc.
- Relationships to people (e.g.: family, children, community, etc.)
- Responsibilities (e.g.: professional job, student, caring for parents/children, community leader, etc.)

Edited February 27, 2020 by ledingham

[rainbow-skies 130]

2 minutes ago, geowrian said:

Yes, you can visit. Entry is subject to CBP inspection, as always, but many people do this. Canadians usually do not have an issue unless they are spending too much time in the US. It is suggested to be outside the US more than in it, with 2x as much preferred.

Thank you. It is really difficult for my partner to come here as mentioned due to health-related reasons. But I will keep this in mind. Thank you

[rainbow-skies 130]

2 minutes ago, ledingham said:

Yes you are able to travel to visit them but you'll need to bring some proof that you are going to return, thing like letters from employers saying when you need to be back at work. As a Canadian there is a chance you may not experience any hassle at the border but its good to bring proof just in case. Don't spend too much time there though.

Here are some more ideas for proof of return:

- Ownership of real property (real estate) and/or highly valuable tangible property
- Ownership of a business/investment/etc.
- Relationships to people (e.g.: family, children, community, etc.)
- Responsibilities (e.g.: professional job, student, caring for parents/children, community leader, etc.)

Thanks. This helps a lot, especially with the examples of proof.

 

Is it okay if we don't visit each other at all during this period? Even if it is an 8-month duration - she can't travel to Canada anyways. So like if I just avoid visiting her until I am approved, is that okay or will that affect the application ?  I wonder/worry they may see my lack of visitation as though the marriage isn't genuine .

 

Thanks.

[ledingham 68]

Just now, rainbow-skies said:

Is it okay if we don't visit each other at all during this period? Even if it is an 8-month duration - she can't travel to Canada anyways. So like if I just avoid visiting her until I am approved, is that okay or will that affect the application ?  I wonder/worry they may see my lack of visitation as though the marriage isn't genuine .

I dont believe they would have a problem with this, as long as you've met before in the past you should be good.

[rainbow-skies 130]

1 minute ago, ledingham said:

I dont believe they would have a problem with this, as long as you've met before in the past you should be good.

Okay awesome. 

 

Because if we choose CR-1 Route, we probably won't wed until early to mid 2021. And prior to then I anticipate to travel there at least 5+ times if possible for short visits.

 

Thanks for your quick responses.

[Naomi1984 12]

2 hours ago, rainbow-skies said:

It is a bit hard for my partner to travel here just due to some health-reasons, so we would marry in the US. We would prefer Florida which is where she resides and I would essentially be moving there once this whole process is complete. However, I looked in to Florida and they require both spouses to provide SSN #s - which she is good in that area being a US Citizen, but I on the other don't have one.

 

So I think for this reason, we may just have to continue with the K1, and as soon as I am approved and land in the US - i apply for the SSN (unless there's a way I can apply in advance)

I got married in Florida and didn't have a SSN. We went to the local Court house to get the marriage license then got married on the beach about 5 days later. The only thing I had to provide was my passport and previous divorce papers.

[JFH 12,191]

Walt Disney World does weddings for foreign couples, neither party of which has an SSN, without an issue. Perfectly legal.Everything you are saying is matching up with a CR-1. 
 

- long-term plan

- wanting you work right away

Is your fiancé able to work? You mentioned health issues that prevent travel so I am curious as to whether she can/does work. Not that the unemployed are barred from bringing in spouses, not at all. My husband was unemployed when I had my interview and immigrated. However, on a K-1 visa this will be your reality:

- visa fees of over $1000

- travel to the US and transporting your belongings here

- the cost of the wedding

- the cost of AOS (currently around $1200 but this is the government we are talking about and nothing ever goes down in price)

- health insurance for you whilst you are not working

- no income from you for around 6 months

- all of this plus feeding and housing two adults on, at best, one income (if your fiancé works) or possibly no income (if she doesn’t work). 
 

I take my hat off to nurses. They are fantastic. Working all hours, days, nights, weekends, caring for all of us. Often without thanks. I’m sure you didn’t spend all that time in nursing school just to sit at home for 6 months or so doing nothing. Thank you for being a nurse. 

 

[rainbow-skies 130]

3 minutes ago, JFH said:

Walt Disney World does weddings for foreign couples, neither party of which has an SSN, without an issue. Perfectly legal.Everything you are saying is matching up with a CR-1. 
 

- long-term plan

- wanting you work right away

Is your fiancé able to work? You mentioned health issues that prevent travel so I am curious as to whether she can/does work. Not that the unemployed are barred from bringing in spouses, not at all. My husband was unemployed when I had my interview and immigrated. However, on a K-1 visa this will be your reality:

- visa fees of over $1000

- travel to the US and transporting your belongings here

- the cost of the wedding

- the cost of AOS (currently around $1200 but this is the government we are talking about and nothing ever goes down in price)

- health insurance for you whilst you are not working

- no income from you for around 6 months

- all of this plus feeding and housing two adults on, at best, one income (if your fiancé works) or possibly no income (if she doesn’t work). 
 

I take my hat off to nurses. They are fantastic. Working all hours, days, nights, weekends, caring for all of us. Often without thanks. I’m sure you didn’t spend all that time in nursing school just to sit at home for 6 months or so doing nothing. Thank you for being a nurse. 

 

Thank you. Yes we are both currently employed. We are most likely going to go with the CR-1 however - that way I can start looking for work/working in the early months after my arrival.

 

But we have thoroughly thought about the finances involved. It is also why I have chosen to stay in Canada for at least 1 -1.5 more years to pay off existing school loans and have a sufficient amount to carry over to the USA. 

 

We are still in discussion and planning phase right now - but are 99% sure we want to go with CR-1 route. Looking to perhaps have me fly there early 2021 to wed and then wait a few months before filing CR-1.

 

I will keep everyone updated in the forum !

 

Thanks

 

[Fr8dog 312]

Personally I would opt to marry about a year before applying for the CR-1. With a bit of luck you can avoid the whole temporary green card by being married for 2 years prior to getting the CR-1 approved. Though you may want ask on advise for that route by the forum experts and previous Canadian CR-1 applicants (I have no idea how the consulate would look at that). I know several Dutch applicants have gone this route in the past, but than again we are cheap and the Amsterdam consulate knows that.

[Ads2865 19]

I'm currently in the process of AOS.. like literally got my text confirmations last night. Had I not been in a "situation" to want my now husband to be here faster as well as him physically asking my dad to marry me, I would have done the spousal visa. Our K1 visa took longer than expected. From file date to POE it took 16 months. Which is oddly long considering we didn't have any RFE. The embassy we filed from was just so backed up! It literally took us 6 months to get a solid interview after being reschedule twice by the embassy. Because they took so long with the interview he had to do his medical again as well as get his police reports done again, making it even more expensive! Now that he's here, we're having issues with getting his SSN. This isn't to scare you to going towards a different way, but I definitely would advise you to weigh your options. K1 is typically faster, but in my case it wasn't. Good luck on your decision!