K1 Visa... to file or not?

[Vik&Yei 54]

Hi there,

 

There is also another point that I would like to bring up regarding going the K-1 Visa route versus the IR1/CR1 choice. I’m not sure how this holds true nowadays but before and based on experience from many previous filers, there was somewhat less scrutiny from both the US Department of State as well as from USCIS in regards to proving a bona fide marriage when doing the K-1 Visa and then after filing for the AOS as opposed to filing the I-130 and then applying for the IR1/CR1. I guess the logic behind this was that there weren’t any more roadblocks once the IR1/CR1 was approved thus providing a straight road towards permanent residency with no more detours after going through that last hurdle. This is why the adjudicators at the US Embassies tend to be more strict with that process vs the K-1. With the fiancé/fiancée Visa the US Embassy personnel might not become as strict since they figure that USCIS will be the ones to perform the more extensive investigation once you file for AOS.

 

I hope that this is helpful and provides you with another insight towards making the choice that works best for your particular scenario/journey. 
 

Good luck and stay safe and healthy out there 😊

Edited July 27, 2020 by Vik&Yei

[Scandi 4,166]

Another negative with the K-1 route is that USCIS are planning on raising the fees for most petitions/applications and that fee raise will likely happen in October (although no one knows for sure, but that's when the new fiscal year starts, so it makes sense). The AOS itself (form i-485) isn't affected by the raise (I believe they're actually proposing to lower it by like $10-$20).

 

HOWEVER (and this is huge) they're proposing that the EAD and AP will no longer be for free when you file together with the i-485. That means that if you want to be able to work and travel while you're waiting for your greencard, you will have to pay an EXTRA ~$500 for the Employment Authorization Document AND ~$600 for the Advance Parole. 

 

Biometrics = $85

I-485 = $1120

I-765 = $490

I-131 = $585

 

Yikes..

 

With the CR-1 you don't have to think about any of this, and you'll save a ton of money.

Edited July 27, 2020 by Scandi

[HRQX 4,145]

9 minutes ago, Scandi said:

HOWEVER (and this is huge) they're proposing that the

Plus, after they announced that proposal the Covid events happened and they were claiming to not have a sufficient budget to operate. IMO, they are going to use that as additional rationale to implement that proposal.

[Daryap 0]

We are planning a new visit to my country Peru but we dont understand much about this situation, k1 visa cant be processed at this time? or you cant enter in the us to live with your fiance? and CR Visa allows people to get in and live with the spouse?,  we dont know what to do because we have been together for almost 2 years and now with this situation we only want to stay together dont even bother us if someone cant work at the time of arrival 

[Trutta 103]

12 hours ago, Cheburashka34 said:

Finally someone has some positivity toward the K1 thank you!

I filed for K1 because it costs thousands of dollars and lots of travel and other nonsense to get married in my fiance's country. I actually live with her here while waiting for the K1. She doesn't work here, and she won't work in the US. She also has a weak passport that barely lets her travel to any country, and she's already been to the countries she's allowed to visit. So we're not concerned about that at all.

 

The only problem now is that the paperwork hasn't been processed, the people that process the papers are in danger of unemployment and loss of funding, and the embassies are closed and not telling us when/if they will reopen in order to process K1 again. So no big deal right?

[Trutta 103]

2 hours ago, Scandi said:

Biometrics = $85

I-485 = $1120

I-765 = $490

I-131 = $585

 

I am no fan of any government fees, but to be honest, if you can't come up with $2280 you probably aren't in a position to get married and start a family. Especially if the spouse is coming from overseas.

[Quarknase 1,072]

3 hours ago, Trutta said:

I am no fan of any government fees, but to be honest, if you can't come up with $2280 you probably aren't in a position to get married and start a family. Especially if the spouse is coming from overseas.

This all the way!

The countless times we're reading stories here where folks delayed AOS filing because the petitioner (or beneficiary for that matter) didn't have the money to file. Then after a while the marriage gets sour (not surprising), and beneficiary is left hanging with nothing and out of status.

If paying immigration fees and securing health insurance for the beneficiary reflect a financial challenge, think twice...

[PWB 213]

21 hours ago, Ellie__ said:

Do you think it is still a good plan to file for K1 during these times or just wait for the situation to improve? 

Trying to second guess the current political/covid  crisis here is America will drive you crazy.  My only hope is that our K1 was approved in February 2020 and once the Embassy open and processing begins we will make it.  So difficult to start the K1  process now with USCIS furlough and pending Executive Orders from the President.  Truly unprecedented times in immigration. 

[Unlockable 7,314]

*** Friendly reminder to keep the language and tone in here appropriate.

 

VJ moderation

[sandiegodan2020 65]

Our journey has been challenging to say the least. 

We were together and ready for marriage back in December 2019 but UPS lost my birth certificate application and I was unable to get a current certificate before I left to visit her. 

Then we tried finding a third country that would accept my documents and it seemed like they all had a waiting period. And there is the attorney and bribes that needed to be paid and we were unsure if the US would recognize some of these documents. 

Then I was back in the US in January and finally got my current birth certificate and our plan was for a wedding at the end of March. 

Then the country shut down all travel in or out and since then we had no other option but to wait in line on a K1 visa. We filed May 5th. 

For us we might as well get in line because meeting in person to marry was not an option due to the travel restrictions. 

So here we are.  

[Major 24]

13 minutes ago, sandiegodan2020 said:

Our journey has been challenging to say the least. 

We were together and ready for marriage back in December 2019 but UPS lost my birth certificate application and I was unable to get a current certificate before I left to visit her. 

Then we tried finding a third country that would accept my documents and it seemed like they all had a waiting period. And there is the attorney and bribes that needed to be paid and we were unsure if the US would recognize some of these documents. 

Then I was back in the US in January and finally got my current birth certificate and our plan was for a wedding at the end of March. 

Then the country shut down all travel in or out and since then we had no other option but to wait in line on a K1 visa. We filed May 5th. 

For us we might as well get in line because meeting in person to marry was not an option due to the travel restrictions. 

So here we are.  

I understand the dilemma you found yourself and you had no choice.,but not to worry things will change for the better soon.  

[Hunkydory97 10]

Honestly I filed for the K-1 after 1 visit which happened after 1 year of dating. I heard the whole spousal visa was better for certain reasons. However, I could not be in my fiancée country for the length of time it would require to get married plus I have children of my own so I couldn’t just leave them for months while I’m having the time of my life overseas. Plus he does not have a passport so traveling here obviously isn’t an option. NO ONE knows your situation and what’s best for your relationship but, you two. 
this forum it’s easy to feel down about it but, honestly all visas are in limbo and waiting time.

if your relationship is strong it can handle this challenge in my opinion . Good luck ❤️

Edited July 27, 2020 by Hunkydory97

[Scandi 4,166]

6 hours ago, Trutta said:

I am no fan of any government fees, but to be honest, if you can't come up with $2280 you probably aren't in a position to get married and start a family. Especially if the spouse is coming from overseas.

It's not about not being able to afford it, it's about another option that is both better in almost all ways AND cheaper than the K-1. Most people would love to spend less money if possible, no matter if they can afford to waste extra money on the K-1 route or not. Those who don't know much about the K-1 vs CR-1 process should know about the differences between the two, hence my post about the fee changes as that is a big difference. 

[Roos92 12]

22 hours ago, Cheburashka34 said:

Well this post makes me feel like I shouldn't have done the K1....

If it is any consolation, many of us are in the same boat. I'm sure (like me) you did plenty of research into the various pros/cons of each route and made the best decision you could at the time. Nobody could have foreseen the circumstances we are now faced with, so there really is little value in living with regrets.

 

If filing now, I would probably make a different decision (CR1), but even that would be riddled with uncertainty and a long wait. Our view is that given the time/effort invested in preparing our K1 application and waiting for our NOA2, it would not be wise to start again. All we can do is patiently wait for the NVC and embassies to re-start processing. 

 

I'm not sure if this is helpful - I've not posted before - but I just felt compelled to reply as you are not alone in struggling with this situation. 

 

Keep focusing on the end goal, it will be worth it in the end.

[xxlian 100]

16 hours ago, RafaelTexas said:

In some cases K-1 is the only option for same sex couples if the beneficiary's country does not allow same sex marriage.  

This is the primary reason that my beneficiary and I are choosing to go forward with the K-1 visa. Sure, it's great that some people are able to get married and go the spousal visa route, but this isn't the best option for some of us. Each couple should thoroughly research the whole process and do what is best for their own situation. No one owes an explanation or justification to uninvolved people about which route they choose.