k1 Some questions about filling the k1 visa.

[Greenbaum 12,259]

58 minutes ago, Raoul20 said:

Yeah but it takes a long time. We have already spent a lot of time in long distance. And so we want to be closer to each other. 

One other question. 

• With her living in france, does her student visa and carte de séjour count as a legal resident?

CR-1/IR-1 are being processed where most K-1's is not at the embassy level. This will change as the conditions of the pandemic change. Here is a good primer on the time and costs and the benefits for each.

 

K-1 vs CR-1 Full Analysis

 

K-1

More expensive than CR-1    

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    

Spouse cannot leave the US until she/he receives approved Advance Parole (about 5-6 months)    

Spouse cannot work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.

If you have red flags this may be the best place to start in case of denial.

Estimated timeline is 8 to 10 months (NOA1 to Interview) This is officially qquoted as 6 to 12 months.

 

K-1 Fees

$535 - USCIS Filing Fee

$265 per person - DS-160 (Visa Application)

$200 to $400 - Medical Fee

$1,225 per person - AOS Fee (Includes EAD/AP if filed together)

$750 per child under 14

$680 per person - ROC Fee

 

 

$2,705 plus medical (K-1)

$2,170 plus medical (K-2 over 14 years old)

$1,695 plus medical (K-2 14 years old and younger)

 

 

CR-1    

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 (LPR) status IMMEDIATELY upon entry to the United States

If denied, a K-1 has no practical options other than to start over from scratch. A denied CR-1 can be reaffirmed. So, if there are red flags and one is concerned about being denied, I would suggest steering away from the K-1.

 

Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.

 

CR-1 Fees

$535 - USCIS Filing Fee

$120 - Affidavit of Support Fee

$325 - DS-260 (Visa Application) 

$200 to $400 - Medical Fee

$220 - USCIS Immigrant Fee

$680 - ROC (if married less than 2 years at POE)

 

$1,200 plus medical (per person if married more than 2 years when filing)

$1,880 plus medical (per person if married less than 2 years at POE) 

 

These are current fees subject to change without notice. Please do your personal homework before deciding what visa will work best for you with any corresponding fees.

 

Additional items to consider:

 

A refused K-1 with the petition being sent back will sit and die.

 

A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.

 

If concerned about the CO's evaluation of the relationship, then a spousal visa would be an optimal path.

 

Also, certain crimes can be an issue with an I-129F, but only very few crimes are an issue for an I-130 (e.g. AWA).

 

Fees can change so be sure to check the current fee schedules. Good luck and stay engaged in the process. 

[Raoul20 3]

1 hour ago, Dashinka said:

That is understandable, but keep in mind that consulates are processing CR1s, but they are not doing K1s, so the advantage of speed of a K1 is somewhat nullified.  That along with the fact that the CR1 is a lot cheaper.  If you are still weighing your options, I would suggest looking at both options.

 

I am not sure if a student visa counts as a French legal resident, but I would expect it means that she is legally in the country.  I am not familiar with French immigration laws, but if it is like the US, a student visa only allows a person in the US for purposes of school, and training, but it does not mean they are a legal permanent resident of the US.

yeah you're right. The problem here is since we're not legally married, we don't have a marriage certificate. Do you know if it's possible to marry her in France and get a marriage certificate that way? And would the US recognize that marriage certificate?

[Chancy 6,243]

23 minutes ago, Raoul20 said:

Do you know if it's possible to marry her in France and get a marriage certificate that way? And would the US recognize that marriage certificate?

 

Yes, you may get married in France and the US will recognize your marriage.  Some guidance from the US embassy in France --

 

General Information and List of Documentary Requirements for Marriage in France

https://fr.usembassy.gov/general-guidelines-for-marriage-and-civil-partnerships-pacs-in-france/

 

Note though that it may be difficult for you to get married in France at this time as most Americans are currently not allowed entry.  So if you are not able to meet somewhere else to marry, then it seems K1 will be your only option while border restrictions are in place.

 

Edited December 28, 2020 by Chancy
clarification on travel restriction

[SalishSea 18,089]

8 hours ago, Raoul20 said:

So, no engagement ring needed to petition? 

Not required at all.

[SalishSea 18,089]

6 hours ago, Raoul20 said:

Yeah but it takes a long time. We have already spent a lot of time in long distance. And so we want to be closer to each other. 

One other question. 

• With her living in france, does her student visa and carte de séjour count as a legal resident?

The overall K-1 process is not going to be any faster than the CR-1 process. K-1s are not even being interviewed at most embassies, while CR-1s are.  

 

As well:  don't underestimate the HUGE disadvantage of being unable to work/travel for 8-9 months after marrying.  If something should happen and she had to leave unexpectedly, the process is abandoned and you're starting over from scratch.

[Raoul20 3]

1 hour ago, Jorgedig said:

The overall K-1 process is not going to be any faster than the CR-1 process. K-1s are not even being interviewed at most embassies, while CR-1s are.  

 

As well:  don't underestimate the HUGE disadvantage of being unable to work/travel for 8-9 months after marrying.  If something should happen and she had to leave unexpectedly, the process is abandoned and you're starting over from scratch.

CR-1 does seem to be the better option. But my only issue is with the marriage certificate. We are currently not able to meet and get married due to the current covid-19 situation. 

• Also will getting married, and filling the spousal petition immediately in such a short time make it seem suspicious? And does the fact that we don't live together matter at all with the CR-1?
• And how long exactly does the CR-1 take. Can it take 2 years? That would be too long.

Edited December 29, 2020 by Raoul20

[David and Anna 118]

We just got our K-1 visa (took far longer than normal due to DoS illegally not processing them due to POTUS EO 9993).  Even being in the winning lawsuit wherein the judge forced the DoS to process our visa, I would still not do K-1 knowing what I now know.

 

The AoS and waiting without being able to work or travel outside of the USA and the extra challenges around SSN etc etc are all problematic...K-1 is a mess.  The only advantage of it was "speed" to time together and that has now gone out the window.  Nowadays its only all the downsides and no upside.  So why even mess with it?  You won't be together quickly with a K-1.  So its all extra cost and extra pain.

Get married.  File for CR-1.  You can get married in many places (including the USA) and it will be a valid certificate to start the CR-1 process.

 

I cannot overstate how much I hate the K-1 and AoS process and how much I would do the CR1 if I had it to do over.   Sure we got screwed by the DoS acting illegally during the covid times, but my belief is that it is going to take them a long period of time to work thru the backlog they have created even if Biden makes the DoS stop acting illegally (to be clear, the DoS is still acting illegally and not processing visa's in countries subject to the travel ban for the vast majority of applicants - they are only processing the members of the lawsuit and continue to illegally deny processing of all other (non expedited) K-1s in those countries).  Oh, and there is undeniable bias (at least on the part of the Trump admin) in their travel bans.  Spouses are exempt from the covid bans and can visit one another.  Fiances are prohibited and we all have been forced apart.  This is just one more example of the downside of staying as a fiance status rather than married status.  Had we been married we would be getting her CR1 now (roughly the same time as we took to get the K-1 and we now face 1-2 years or more to finish up the green card process from here).  How is that for a good reason to avoid the K-1 like the plague?  Not to mention we could have kept our mental and emotional sanity this year by seeing each other rather than the forced apart fiance status.  Avoid K-1.  Enough said.

[David and Anna 118]

6 minutes ago, Raoul20 said:

CR-1 does seem to be the better option. But my only issue is with the marriage certificate. We are currently not able to meet and get married due to the current covid-19 situation. 

• Also will getting married, and filling the spousal petition immediately in such a short time make it seem suspicious? And does the fact that we don't live together matter at all with the CR-1?
• And how long exactly does the CR-1 take. Can it take 2 years? That would be too long.

You can meet.  You have to be creative as to where and routing.  Tens of thousands of couples forced apart this year are meeting.  Join the facebook groups for Love is Not Tourism and you will find many ways to meet despite the challenges and bans.  Do your research, its all out there.

 

Some of these are silly questions...

 

How many CR-1 applicants do you think live together?  Answer, not many (they are applying for a visa to move to the USC's country after all). 

 

And filing right after marriage?  That is the case in a huge percentage of CR-1s.  (you can't do it before and most newly married international couples marry with the intent of moving to one or the other's countries.)

 

And you are worried about 2 years?  First of all, it isn't taking 2 years for CR-1 in most countries.  Second, K-1s are starting to take along time too...

 

You should do some basic research and get your head around this stuff and then return with questions imho.  I've given you a lot of my time to provide answers, so I hope you see that I'm not being rude.  But we do expect folks here to gather some basic understanding when they bring questions.  Most of us are kind enough (like I have been) to give time to answer questions, but please do your part and use the site and web and then come back with questions that are not so basic and show you don't know much if anything about how any of this works.  The site admins have put a ton of effort into preparing guides and links here that educate newbies to the process, so please take advantage of that first.

 

 

Edited December 29, 2020 by David and Anna

[SalishSea 18,089]

12 minutes ago, Raoul20 said:

• And how long exactly does the CR-1 take. Can it take 2 years? That would be too long.

The point is, that K-1s can take this long as well.   There are no guarantees.  That is why "length of time" is not the best metric for most people.

 

All it takes is a cursory glance at the K-1 processes page here on VJ to see stories from people who did a K-1 because it was "faster," only to be stuck without an interview due to COVID and the proclamation.  Their CR-1 cohorts are ahead time wise now.

[Raoul20 3]

6 hours ago, David and Anna said:

You can meet.  You have to be creative as to where and routing.  Tens of thousands of couples forced apart this year are meeting.  Join the facebook groups for Love is Not Tourism and you will find many ways to meet despite the challenges and bans.  Do your research, its all out there.

 

Some of these are silly questions...

 

How many CR-1 applicants do you think live together?  Answer, not many (they are applying for a visa to move to the USC's country after all). 

 

And filing right after marriage?  That is the case in a huge percentage of CR-1s.  (you can't do it before and most newly married international couples marry with the intent of moving to one or the other's countries.)

 

And you are worried about 2 years?  First of all, it isn't taking 2 years for CR-1 in most countries.  Second, K-1s are starting to take along time too...

 

You should do some basic research and get your head around this stuff and then return with questions imho.  I've given you a lot of my time to provide answers, so I hope you see that I'm not being rude.  But we do expect folks here to gather some basic understanding when they bring questions.  Most of us are kind enough (like I have been) to give time to answer questions, but please do your part and use the site and web and then come back with questions that are not so basic and show you don't know much if anything about how any of this works.  The site admins have put a ton of effort into preparing guides and links here that educate newbies to the process, so please take advantage of that first.

 

 

Thanks a lot. Sorry for all the dumb questions. I just Don't know a whole lot about all these. Am going to start using the site to my advantage. Thanks again. You guys are so kind and very helpful.

[Dashinka 24,736]

6 hours ago, Raoul20 said:

CR-1 does seem to be the better option. But my only issue is with the marriage certificate. We are currently not able to meet and get married due to the current covid-19 situation. 

• Also will getting married, and filling the spousal petition immediately in such a short time make it seem suspicious? And does the fact that we don't live together matter at all with the CR-1?
• And how long exactly does the CR-1 take. Can it take 2 years? That would be too long.

Look for a country where you can both go without the need for a visa.  One suggestion, Bermuda.  The US will recognize a legal marriage certificate from almost anywhere.

 

Good Luck!

[Dashinka 24,736]

1 minute ago, Raoul20 said:

Thanks a lot. Sorry for all the dumb questions. I just Don't know a whole lot about all these. Am going to start using the site to my advantage. Thanks again. You guys are so kind and very helpful.

It is best to ask the questions now rather than when you are immersed in the process.  The key to immigration is educating yourself as much as possible, and having a lot of patience. 🙂

 

[Raoul20 3]

7 hours ago, David and Anna said:

We just got our K-1 visa (took far longer than normal due to DoS illegally not processing them due to POTUS EO 9993).  Even being in the winning lawsuit wherein the judge forced the DoS to process our visa, I would still not do K-1 knowing what I now know.

 

The AoS and waiting without being able to work or travel outside of the USA and the extra challenges around SSN etc etc are all problematic...K-1 is a mess.  The only advantage of it was "speed" to time together and that has now gone out the window.  Nowadays its only all the downsides and no upside.  So why even mess with it?  You won't be together quickly with a K-1.  So its all extra cost and extra pain.

Get married.  File for CR-1.  You can get married in many places (including the USA) and it will be a valid certificate to start the CR-1 process.

 

I cannot overstate how much I hate the K-1 and AoS process and how much I would do the CR1 if I had it to do over.   Sure we got screwed by the DoS acting illegally during the covid times, but my belief is that it is going to take them a long period of time to work thru the backlog they have created even if Biden makes the DoS stop acting illegally (to be clear, the DoS is still acting illegally and not processing visa's in countries subject to the travel ban for the vast majority of applicants - they are only processing the members of the lawsuit and continue to illegally deny processing of all other (non expedited) K-1s in those countries).  Oh, and there is undeniable bias (at least on the part of the Trump admin) in their travel bans.  Spouses are exempt from the covid bans and can visit one another.  Fiances are prohibited and we all have been forced apart.  This is just one more example of the downside of staying as a fiance status rather than married status.  Had we been married we would be getting her CR1 now (roughly the same time as we took to get the K-1 and we now face 1-2 years or more to finish up the green card process from here).  How is that for a good reason to avoid the K-1 like the plague?  Not to mention we could have kept our mental and emotional sanity this year by seeing each other rather than the forced apart fiance status.  Avoid K-1.  Enough said.

Ok, I see. Sorry for all the hassles you had to go through. I will now look into how we can get married. 

[Ed&Midori1031 330]

18 hours ago, Raoul20 said:

Am thinking of filling the k1 fiance visa for my girlfriend whom I've been in a relationship with for 2 years now. She is from Togo but currently resides in France on a student visa. I have visited her several times, and we've visited different countries in europe, and taken lots of pictures. Questions are:

1. Do I need to buy her an engagement ring in order to prove our engagement? I can't do a proper proposal due to the current covid-19 situation.
2. Can I file for her to be processed in paris?
3. Is now the right time to file for a k1, since the covid-19 situation has caused so much trouble in immigration? 
4. Are k1 visa being properly processed now? 
5. What is the income requirement to qualify. Do you have to have a certain income limit? 

 

1.  No, a ring doesn't really "prove" that someone's engage.  Merely a tradition to buy a ring to propose.

2.  As long as she plans to reside there to be interviewed then yes. 

3.  Covid or not, it's truly up to you and your fisnce if you want to file.  Just think if this is something you both want to pursue.  Don't think of it as a business aspect, but only if you're both ready to marry.   

4.  Yes

5.  https://www.uscis.gov/i-864p

[Crazy Cat 42,100]

She must be a LEGAL resident to interview outside her country.