Should I start the K1 visa process? Seeking opinions/advice.

[N400NYC 380]

Hi Everyone,

 

I became a US citizen recently and have resided in the USA for >10 years. My fiance is a dual citizen of Colombia/Venezuela and is currently residing in Peru. We have submitted an application for a prospective marriage visa (similar to K1) for Australia where I also hold citizenship.  Before COVID19, the marriage visa for Australia was probably going to get issued by December 2020 and we were both going to relocate to Australia to get married. Similar to the situation in the USA, however, immigration matters are on hold in Australia and nobody knows when they will start up again.

 

I am wondering if, as a back-up plan, I should submit a K1 visa for the USA in the event the Australian plan does not work out. Given it takes 6 months (or longer I guess these days) for things to progress from NOA1 to NOA2, my thinking is that maybe I should just submit the I-129F now to at least initiate the process in the event we need this option. My preference initially was to pursue the USA K1 pathway & sponsor my fiance to the come to the USA but he was more interested in the Australian option and that's the route we explored first. Now with COVID19 it seems necessary to be willing to explore any and all options because who knows how long anything immigration-related is going to take. 

 

Some questions:

 

- if I start the K1 visa process and my fiance is eventually granted a visa to go to Australia (if/when that starts up again), can I just withdrew and cancel the K1 application? Will it be held against me in any way? Could I restart it again in the future if necessary?

- given my fiance is from Colombia/Venezuela and living in Peru, does that complicate his situation for K1 in that he is not living in either of the countries of which he is a citizen? Should we even bother? Is his VZ citizenship a liability in the current political climate?

 

Thanks in advance for your input. 

[payxibka 10,045]

4 hours ago, N400NYC said:

Hi Everyone,

 

I became a US citizen recently and have resided in the USA for >10 years. My fiance is a dual citizen of Colombia/Venezuela and is currently residing in Peru. We have submitted an application for a prospective marriage visa (similar to K1) for Australia where I also hold citizenship.  Before COVID19, the marriage visa for Australia was probably going to get issued by December 2020 and we were both going to relocate to Australia to get married. Similar to the situation in the USA, however, immigration matters are on hold in Australia and nobody knows when they will start up again.

 

I am wondering if, as a back-up plan, I should submit a K1 visa for the USA in the event the Australian plan does not work out. Given it takes 6 months (or longer I guess these days) for things to progress from NOA1 to NOA2, my thinking is that maybe I should just submit the I-129F now to at least initiate the process in the event we need this option. My preference initially was to pursue the USA K1 pathway & sponsor my fiance to the come to the USA but he was more interested in the Australian option and that's the route we explored first. Now with COVID19 it seems necessary to be willing to explore any and all options because who knows how long anything immigration-related is going to take. 

 

Some questions:

 

- if I start the K1 visa process and my fiance is eventually granted a visa to go to Australia (if/when that starts up again), can I just withdrew and cancel the K1 application? Will it be held against me in any way? Could I restart it again in the future if necessary?

- given my fiance is from Colombia/Venezuela and living in Peru, does that complicate his situation for K1 in that he is not living in either of the countries of which he is a citizen? Should we even bother? Is his VZ citizenship a liability in the current political climate?

 

Thanks in advance for your input. 

1) yes

2) not an issue 

3) as long as still eligible 

4) he can interview in Peru

5) your choice 

6) vz citizenship isn't a negative 

Edited April 6, 2020 by payxibka

[N400NYC 380]

51 minutes ago, payxibka said:

1) yes

2) not an issue 

3) as long as still eligible 

4) he can interview in Peru

5) your choice 

6) vz citizenship isn't a negative 

Thank you reading and the responses!!