Can you still file for a K-1?

[Questions2552 0]

Hello, I am in Belarus now and wanted to file a k-1 for my fiance. I know that interviews are suspended right now but I was wondering if there was any way that I could submit the application and get the process started right now?

 

Thank you.

Edited June 14, 2020 by Questions2552

[NoMansLand2020 298]

1 minute ago, Questions2552 said:

Hello, I am in Belarus now and wanted to file a k-1 for my fiance. I know that interviews are suspended right now but I was wondering if there was any way that I could submit the application and get the process started right now?

 

Thank you.

Yes, go ahead and file. Petitions are still being reviewed. 

[Just Paul 4,595]

6 minutes ago, Questions2552 said:

Hello, I am in Belarus now and wanted to file a k-1 for my fiance. I know that interviews are suspended right now but I was wondering if there was any way that I could submit the application and get the process started right now?

 

Thank you.

Yes file it now.  Preferebly before USCIS goes on summer vacation.

[Quarknase 1,072]

Just something to consider - if you’re there now, why not get married and apply for a spouse visa? That way your beneficiary will be a LPR upon entry, with all benefits that come with it.

[Questions2552 0]

8 minutes ago, Quarknase said:

Just something to consider - if you’re there now, why not get married and apply for a spouse visa? That way your beneficiary will be a LPR upon entry, with all benefits that come with it.

Doesn't the spousal visa take longer to come through? Would there be any other benefits besides her being an LPR?

[Allaboutwaiting 2,503]

Agreed with previous post. 

If possible, get married now and file for a spousal visa. It will make things way easier and cheaper.

Edited June 14, 2020 by Allaboutwaiting

[Allaboutwaiting 2,503]

6 minutes ago, Questions2552 said:

Doesn't the spousal visa take longer to come through? Would there be any other benefits besides her being an LPR?

It MIGHT be longer by a few months -not necessarily-.

But you save money on filing for adjustment of status -1225dlls- and she can travel and work immediately. With a K1, she won't be able to travel nor work until she gets the EAD/AP or the GC.

Edited June 14, 2020 by Allaboutwaiting

[Crazy Cat 42,681]

4 minutes ago, Questions2552 said:

Doesn't the spousal visa take longer to come through? Would there be any other benefits besides her being an LPR?

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.
  �

 

[Lucky2Lucky 2,526]

4 minutes ago, Questions2552 said:

Doesn't the spousal visa take longer to come through? Would there be any other benefits besides her being an LPR?

She would be able to work and travel much sooner.

[Questions2552 0]

17 minutes ago, Lucky Cat said:

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.
  �

 

Is there any difference in terms of the affidavit of support that's required?

[Quarknase 1,072]

18 minutes ago, Questions2552 said:

Doesn't the spousal visa take longer to come through? Would there be any other benefits besides her being an LPR?

Others have provided very good responses already.

Generally - especially through the eyes of the immigrant, a K1 can be stressful. Work permit and advance parole (permission to return after travel outside of US) have taken 6-10 months recently. No drivers license until the work permit arrives. Depending on location the immigrant is literally stuck at home.

Opening bank accounts, getting ID/drivers license, being able to work are important parts of feeling home. Plus the wait seems to be only slightly longer (I saw 3-4 months mentioned).

Adjustment of status after K1 can take a year (after marriage and filing application that is). The immigrant would not be a legal permanent resident until then.

It’s up to you - to me personally the be edits are clear

[Crazy Cat 42,681]

6 minutes ago, Questions2552 said:

Is there any difference in terms of the affidavit of support that's required?

The requirements are the same when applying for a spousal visa (Cr-1) and when applying for Adjustment of Status (after entering the US via a K-1).  But when applying for Adjustment of Status, you must also submit an I-944 to show self sufficiency.

 

The I-134 is submitted when applying for a K-1.

Edited June 14, 2020 by Lucky Cat

[JFH 12,191]

38 minutes ago, Questions2552 said:

Would there be any other benefits besides her being an LPR?

Isn’t that enough of a benefit? Surely that’s the aim. Instead you are proposing to pay more than twice as much and wait more than twice as long to reach the same point. 

[Quarknase 1,072]

22 minutes ago, Lucky Cat said:

The requirements are the same when applying for a spousal visa (Cr-1) and when applying for Adjustment of Status (after entering the US via a K-1).  But when applying for Adjustment of Status, you must also submit an I-944 to show self sufficiency.

 

The I-134 is submitted when applying for a K-1.

Also true - and the I-944 is no fun to fill out from why I’ve heard.

[SteveInBostonI130 3,489]

The only practical benefit of the K-1 is that it gives you and your fiance a way out, in case things don't work out between you two when she enters the US.  There have been couples who realize that the cultural difference is too much for the fiance when he/she enters the US. Or that what they thought was a genuine relationship doesn't pan out when actually living together.

 

But you are already with your fiance and I assume you have been living together for a while?  If you are secure in your relationship, the spouse visa is a much better option.  Especially because you are there and can get married right away.