K1 Question - I-129F regarding my beneficiaries U.S. visits

[amm7s@mtmail.mtsu 1]

Hello everyone, I have another K1 / I-129F question

 

My fiance and I began filling out the paperwork, and on numbers 38.a - 38.h, it says "If your beneficiary is currently in the United States, complete item numbers..."

 

My fiance is not currently in the United States, but she was (that's how we met), and she has had a number of visits over here, the most recent one being the one where we met and began our relationship (we will also be using her trip here as part of our evidence of meeting)

 

However, while the instructions on the I-129F itself say "If your beneficiary is *currently* in the United States", the separate instructions packet says "Provide the date of your beneficiary's most recent entry into the United States, her I-94 Arrival-Departure Record Number, if available, and her immigration status at the time of arrival."

 

I'm a bit confused by this, as the form itself is asking if the beneficiary is currently here, while the instruction packet says to document the most recent entry.

 

I'm not sure if I should fill out 38.a - 38.h with the information from her most recent entry when we met even tho she is not currently here, or if I should leave it blank since she is not currently in the United States?

[powerpuff 6,747]

If she's currently not in the US, fill in with N/A.

[Crazy Cat 42,099]

5 minutes ago, amm7s@mtmail.mtsu said:

My fiance is not currently in the United States

There is the answer...... these forms are literal in nature.

[Crazy Cat 42,099]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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
    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) 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.
  �

 

[amm7s@mtmail.mtsu 1]

3 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
    
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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
    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) 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.
  �

 

Unfortunately, I think I got some misinformation when I was originally doing my research. I was under the impression that the K1 was cheaper than the spousal visa, so her and I talked it over and decided to go that route. 

9 minutes ago, Lucky Cat said:

There is the answer...... these forms are literal in nature.

Ha, that's why it confused me since I read it as asking 2 contradictory things.

 

Thank you for the responses.

[Crazy Cat 42,099]

Just now, amm7s@mtmail.mtsu said:

I was under the impression that the K1 was cheaper than the spousal visa, so her and I talked it over and decided to go that route. 

A K-1 is even more expensive for come couples when you consider that the new immigrant entering the US via a K-1 cannot work for 6-8 months after arriving.

[amm7s@mtmail.mtsu 1]

Just now, Lucky Cat said:

A K-1 is even more expensive for come couples when you consider that the new immigrant entering the US via a K-1 cannot work for 6-8 months after arriving.

I have considered that, and I do believe that my income should be sufficient for that period.

 

Although I do have a follow up question with that: She is currently employed in The Philippines with a job that can be done remotely. Can she continue to do that - working remotely based and paid out of The Philippines - when she arrives here until she gets her approval to work?

[Crazy Cat 42,099]

Just now, amm7s@mtmail.mtsu said:

I have considered that, and I do believe that my income should be sufficient for that period.

 

Although I do have a follow up question with that: She is currently employed in The Philippines with a job that can be done remotely. Can she continue to do that - working remotely based and paid out of The Philippines - when she arrives here until she gets her approval to work?

In my opinion, no, not legally.  But some others disagree.

[Crazy Cat 42,099]

If working immediately after arrival is important, then perhaps a K-1 is not the better choice.

[amm7s@mtmail.mtsu 1]

20 minutes ago, Lucky Cat said:

If working immediately after arrival is important, then perhaps a K-1 is not the better choice.

It's not a necessity. It would be helpful, but my salary and savings should be sufficient for that time that she cannot work.

 

The main purpose of the question is the fact that where she works also has offices here in the United States as well, and so when she is able to work, she already has an in, and we both thought that if she could keep working through the Philippines branches in the meantime, that would be great.

 

But if she can't, we will still be good. Her and I both have savings, and I have a decent salary that will still be sufficient. 

[SalishSea 18,087]

1 hour ago, amm7s@mtmail.mtsu said:

I have considered that, and I do believe that my income should be sufficient for that period.

 

Although I do have a follow up question with that: She is currently employed in The Philippines with a job that can be done remotely. Can she continue to do that - working remotely based and paid out of The Philippines - when she arrives here until she gets her approval to work?

No.  She needs an EAD to be able to work legally in the United States.

[ColumbusKat 44]

I know this wasn't your question, but before you go off and submit the i-129f, you might really want to look in to current timelines and try to see what the situation is with her country's embassy.  With covid and everything backed up, I've seen some people are thinking that the cr-1 might end up being faster or basically equivalent (maybe give or take a month or two) to the k1.  Since she has a job lined up in the US, it would really stink to be in the US for 6-9 months with no job, when she could maybe just spend 1-2 months more (if you waited on cr1) in her country and come in to the US with a job ready to go.

 

Just a thought.  Don't rush in to k1 without weighing all the pros and cons and taking all the changes from this past year in to account.  Good luck and congrats!