Should I file ?

[Chilisquid 2]

Probably should move this to another forum, but I can't figure out how to do that

 

Just read the article below. Should I bother filing for a k1 visa now ?  No other option for me.  I'm in the US, she's in Thailand.  I'm not allowed to enter Thailand. 

 

https://www.forbes.com/sites/andyjsemotiuk/2020/08/13/us-immigration-shutdown-imminent-as-congress-talks-collapse/amp/

Edited August 14, 2020 by Chilisquid

[xxlian 100]

Do you meet the requirements of having met each other in person within the past two years? If so, and if the K1 visa is really the route the two of you decide to take, waiting to file would only mean that you're behind all of the others who do go ahead and file now -- the wait will only get longer.

[Just Paul 4,595]

The longer you wait to file means the longer you wait. Shutdown or not

Edited August 14, 2020 by Paul & Mary

[aaron2020 11,651]

The sooner you get in line, the sooner you'll reach your goal of being together.  No reason to wait.  

Make sure you meet the requirements for the K-1 and understand the cost and limitations of adjusting status.  

[Greenbaum 12,259]

I'm throwing my hat in the ring of consensus to step in line, so you are further ahead than those who file behind you. 

[Chilisquid 2]

Ok thanks

Filing on Monday. Just waiting on some document translations

[Chilisquid 2]

i have a feeling Thailand will open up before it gets adjudicated, in which case I'll get married there and do a CR1

[xxlian 100]

24 minutes ago, Chilisquid said:

i have a feeling Thailand will open up before it gets adjudicated, in which case I'll get married there and do a CR1

Just be aware that if you abandon the K1 and start on a CR1, you will have to start at the beginning of the line (which defeats the purpose of starting on the K1 to get ahead to start with) and will also have to pay fees again. At that point, the CR1 would also be a longer wait.

[Chilisquid 2]

1 hour ago, xxlian said:

Just be aware that if you abandon the K1 and start on a CR1, you will have to start at the beginning of the line (which defeats the purpose of starting on the K1 to get ahead to start with) and will also have to pay fees again. At that point, the CR1 would also be a longer wait.

Does a CR1 take longer than a K1 ?

 

At that point, we'll be together in thailand, and waiting won't be an issue.  I'll file the k1 now, see what happens.

[aaron2020 11,651]

9 minutes ago, Chilisquid said:

Does a CR1 take longer than a K1 ?

 

At that point, we'll be together in thailand, and waiting won't be an issue.  I'll file the k1 now, see what happens.

Generally, the K-1 is quicker than the CR-1.  However, we are living in uncertain and unprecedented times.

There are serious drawbacks with a K-1.  Cost of AOS.  Waiting for endless boring months for work authorization and the ability to travel internationally.   Have you considered these issues?

How important is it for your fiancee/spouse to work in the US?  Is she okay with not being able to work for 6 months?  Or be able to travel outside of the US for 6 months?

Edited August 14, 2020 by aaron2020

[Duke & Marie 1,389]

16 hours ago, Chilisquid said:

 

At that point, we'll be together in thailand, and waiting won't be an issue.  

Just remember that if you plan on living in Thailand while the application is processing (which could be 6+ months for k1 or 12+ for CR1) you’ll still need to ensure you retain US domicile and adequate employment for sponsorship/AOS processing... or you’ll open yourself up to other problems 

[Chilisquid 2]

The domicile in the US is not a problem. I'm retired, and have a high net worth.  Should I include proof of this in my initial K1 application  ?

[Chilisquid 2]

On 8/14/2020 at 7:53 PM, aaron2020 said:

There are serious drawbacks with a K-1.  Cost of AOS.  Waiting for endless boring months for work authorization and the ability to travel internationally.   Have you considered these issues?

Work authorization isn't an issue.  But inability to travel is.  How long to process an AOS ?

[Chilisquid 2]

7 hours ago, Duke & Marie said:

Just remember that if you plan on living in Thailand while the application is processing (which could be 6+ months for k1 or 12+ for CR1) you’ll still need to ensure you retain US domicile and adequate employment for sponsorship/AOS processing... or you’ll open yourself up to other problems 

I'm retired. As long as I can prove my net worth and income, what other problems am I opening myself up to ?

[Duke & Marie 1,389]

40 minutes ago, Chilisquid said:

I'm retired. As long as I can prove my net worth and income, what other problems am I opening myself up to ?

You said you intended to go live with her while the application is processed... you also said you might marry her there and do CR1.. Immigration isn’t a fast process especially for higher risk fraud countries you could be residing with your spouse for 12+ months 

 

Immigration isn’t just about financial standing of the sponsor/petitioner you’ll also need to prove domicile which could become an issue if you reside overseas for an extended period of time, in you case this could be 12-24 months depending on weather or not you go K1 or CR1.. 

 

Form I-864 that you fill out will need you to demonstrate your domicile within the US, this can prove challenging for US citizens who live overseas during the application process.