Starting the K-1 visa

[Jayce711 0]

Hiya, I'm brand new to this forum but it's been a gold mine for info so far! But I have a few questions that maybe some of you can answer.

 

My girlfriend is in the Netherlands and we're wanting to start the k-1 visa process to get her here so we can get married and then start the next steps. But it seems like there's a hold up with the k-1 visa and I'd like to know if anyone has any info or can clarify what exactly is going on with the hold up.

 

The embassy website states "As of July 15, we are processing limited visa categories including immigrant visas (IR-1, IR-2, CR1, CR-2)" , and does that mean also the K-1/2 visas? Because it is considered an immigrant visa if I'm not mistaken.  Also, I know the process takes some months and could take extra because of corona, but should we wait to start until things clear up? Or should we start now?  Source: https://nl.usembassy.gov/visas/

In the event that the US doesn't open up, but the visa gets approved, does the k-1 let her in? (I know that seems like an odd case, but I am curious).

 

Thanks so much for reading and answering my questions, if anyone has any tips or notes feel free to share! We're pretty nervous to start the process =D

[Crazy Cat 42,308]

K-1 visas are not immigrant visas.  They are classified as non-immigrant.  As it stands right now, there is very, very, very limited processing of K-1s anywhere due to the virus.  But Spousal visas (CR-1s) are receiving priority.  In addition, travelers from the Schengen area must first spend 14 days in a non-banned country prior to entering the US.  Spouses of US citizens are exempt from this requirement.  Have you considered a CR-1 instead of the K-1?

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.
    A denied K-1 is sent back to USCIS to expire
  

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.
  �

 

Edited August 27, 2020 by Lucky Cat

[Jayce711 0]

@Lucky Cat Thanks for the breakdown! Also I realized I was wrong about the classification of the K-1 visa, my bad!

 

We really wanted to just be together so the K-1 seemed like the better choice but with the pandemic I'm a bit unsure now 😕

 

The CR-1 requires you to be married. Do we have to be married in the US first then? (I'm not sure on how marriage cross country works).  Based of what you said the CR-1 seems super ideal, but the longer wait sucks 😕

 

 

Edited August 27, 2020 by Jayce711

[Crazy Cat 42,308]

Just now, Jayce711 said:

The CR-1 requires you to be married. Do we have to be married in the US first then?

You can start the CR-1 process after legally marrying anywhere in the world. 

[debbiedoo 2,339]

2 minutes ago, Jayce711 said:

@Lucky Cat Thanks for the breakdown! Also I realized I was wrong about the classification of the K-1 visa, my bad!

 

We really wanted to just be together so the K-1 seemed like the better choice but with the pandemic I'm a bit unsure now 😕

 

The CR-1 requires you to be married. Do we have to be married in the US first then? (I'm not sure on how marriage cross country works).  Based of what you said the CR-1 seems super ideal, but the longer wait sucks 😕

 

 

you can get married anywhere.

[Crazy Cat 42,308]

 

[Jayce711 0]

Thanks so much for the responses and info!!

 

Super appreciated! =D

[Cheburashka34 228]

If you wanted to do the K1 you should start now because it takes about 5-7 months before it even goes to the embassy and they might be doing interviews by then.

[Lucky2Lucky 2,526]

If your ONLY reason for doing a k1 is to be together sooner personally I don’t think that’s the way for you to go. Personally-we did the k1 and do not regret it and that was best for our situation. You can search the forums and the majority of people who regret doing the k1 was Those that wanted to “be together faster”. There is NO way to determine which is the fastest currently. Is your fiancé okay with being in the US unable to work and travel upwards to a year after you get married? Because the adjustment of status has tremendously slowed down. If that’s no concern to you both then continue with the k1 and file ASAP- no point in waiting. Just continue to do your research before you file so you don’t have any surprises  later on.

[SteveInBostonI130 3,483]

 

22 hours ago, Jayce711 said:

My girlfriend is in the Netherlands and we're wanting to start the k-1 visa process to get her here so we can get married and then start the next steps. But it seems like there's a hold up with the k-1 visa and I'd like to know if anyone has any info or can clarify what exactly is going on with the hold up.

I STRONGLY recommend against the K1 for this situation.

 

First, your girlfriend is in a VWP country.  She can easily visit you in the US with ESTA.  

 

Second, the AOS time have been steadily increasing.  Years ago it was about 6 months.  Then it was 6-12 months.  Now it is over 12 months.  And the free increase in Oct 2020 will just compound the issue.

 

Third, If your girlfriend gets the K1, arrives in the US, and something happens and she has to return or travel somewhere else outside the US, before she gets advanced parole (which seems to take over 6 months to get nowadays), then you guys are screwed.  Her ESTA will be revoked, she entered the US on the K1 and demonstrated immigrant intent, and because K1 is a single entry only visa, she will not be able to re-enter the US.  The only option then is to marry her elsewhere and do the spouse visa.  And she will not be able to visit you in US until  she gets the spouse visa 

 

Fourth, your girlfriend, even after you marry her, will be in non-status limbo until the AOS is completed, or at least until the EAD and/or AP card arrives.  

 

Why the spouse visa makes a whole lot of sense, in this case:

- She can visit you right now (well, actually after spending 14 days in a non covid  travel ban country) and you guys can marry right away.

- She can visit you during the waiting time for the CR1 process, using her ESTA.  Her ESTA is not affected by pending CR1 application.   She may get questioned by CBP, but others have successfully visited the US while waiting for the spouse visa

 - The total cost is about $1000 to $2000 less.

 - She will be a permanent US resident from day 1 of entering the US with the CR1/IR1 visa.