Quick Check before sending off I-129F forms?

[Adventine 3,206]

Manila is processing K1s. Just at a much, much, slower rate, and only for the expedited cases I mentioned above.

 

Each choice has its own advantages and disadvantages. 

 

By the time your K1 petition is approved in some months and you get to the "front of the line" at NVC, maybe the USEM has already cleared its K1 backlog and K1s become faster than spousal visas again.

 

Unfortunately, no one can guarantee which option is faster.

 

You can check VJ members' timeline data to get a more precise idea. Just browse the blue toolbar at the top of the site.

 

 

[payxibka 10,047]

Just now, Adventine said:

Manila is processing K1s. Just at a much, much, slower rate, and only for the expedited cases I mentioned above.

 

Each choice has its own advantages and disadvantages. 

 

By the time your K1 petition is approved in some months and you get to the "front of the line" at NVC, maybe the USEM has already cleared its K1 backlog and K1s become faster than spousal visas again.

 

Unfortunately, no one can guarantee which option is faster.

 

You can check VJ members' timeline data to get a more precise idea. Just browse the blue toolbar at the top of the site.

 

 

Manila is not doing routine k1s.  Emergency and expedites only

[Adventine 3,206]

Just now, payxibka said:

Manila is not doing routine k1s.  Emergency and expedites only

Yessir, I did mention that several times in this thread

[flicks1998 1,044]

If I was starting the process now, I would not do a K1.  We started the K1 process in August 2019 and hopefully in the next couple of weeks we are in the US and thats with an expedite interview approved.  Without the expedite approved, we would still be waiting and the whole process would be at least 2 years.  The backlogs will be enormous once K1s start routine processing and I would expect at least 9-12 months backlog, if not more.  The K1 was perfect for what we needed pre-COVID, but now with CR1's taking the same time as a K1 or much less, plus less costs, faster work approval, etc etc, the CR1 is a no brainer.  You have the benefit of traveling to the US during this time and I have had the benefit of traveling to the Philippines during COVID which has helped make the waiting period feel much less, but 2 years is still 2 years.

 

Also, USEM wont start routine visa processing until the COVID situation subsides in the Philippines which most likely wont happen until at least 4th quarter of this year or sometime in the 1st half of next year. 

Edited February 2, 2021 by flicks1998

[amm7s@mtmail.mtsu 1]

11 minutes ago, Adventine said:

Manila is processing K1s. Just at a much, much, slower rate, and only for the expedited cases I mentioned above.

 

Each choice has its own advantages and disadvantages. 

 

By the time your K1 petition is approved in some months and you get to the "front of the line" at NVC, maybe the USEM has already cleared its K1 backlog and K1s become faster than spousal visas again.

 

Unfortunately, no one can guarantee which option is faster.

 

You can check VJ members' timeline data to get a more precise idea. Just browse the blue toolbar at the top of the site.

 

 

Thank you so much for the information (and payxibka as well)

 

I'm actually kind of stuck, at the moment. I thought I had done some pretty thorough research and felt confident about where we stood in this process and how long it would take.

 

I'm new to visas and the overall immigration process, so I'm unsure how a lot of this works and I'm figuring it all out as I go along.

 

-I'm not sure how her overstay will impact her visa, and any attempts to come back over. I know she did file for an extension (decision still pending), and I know she left within a year of her initial entry, so her overstay was still less than 180 days, and the amount of time an extension would have given her, but I don't know if she will still be penalized for overstaying in the first place, even with an extension request.

 

-Because of that, I'm unsure if she can even come over here for us to get married in the first place to start the spousal visa process. If she can tho, even if it takes longer overall, at least we would be able to spend a good chunk of that time together before she would have to go back.

 

-As we all are, I'm unsure when the embassy will start processing routine K1 visas again, and if they will be up and running again and caught up in the time it takes for our initial application to even be approved.

 

I do appreciate the information - regardless of any bubble bursting, it is better to have this information now for us to make a decision ahead of time than to make a decision that we might end up getting stuck in. With time being our biggest priority in this, getting stuck in a limbo is what we don't want. I am kinda feeling like that's where her and I are at right now.

 

If it seems like I am repeating myself, I am just trying to process the information, make sure I am understanding everything being told to me, and have as much clarity about the information as I can have before I discuss major alterations in our plans with her.

 

Thank you for the responses, everyone!

[Ed&Midori1031 330]

22 hours ago, amm7s@mtmail.mtsu said:

My fiance and I are officially engaged, and have gathered our information and documents to send in with the I-129F that we sat down and filled out together. I would just like to do a quick check-in and see if there is anything I am forgetting?

 

Me: United States

Her: Philippines

 

Documents:

-My birth certificate

-Both of our passport style photos

-Evidence of meeting: multiple pictures of us together during her most recent visit last year, including pictures showing United States landmarks (about 9 in all)

-Her passport, U.S. tourist visa, flight tickets, and I-94 all documenting her visits to the United States from 2018 - 2020

-Her birth certificate

-Documents of her business ownership

-Both Intent-To-Marry letters, along with a picture of our exchanged rings

-Payment check

 

-Neither of us have a previous marriage to disclose, nor any previous name changes.

 

Am I forgetting anything? Will the combination of pictures and her I-94 / passport / plane tickets be enough to prove our relationship? Are the letters of intent with pictures of our rings for each other sufficient to prove our intent? Does the check get sent off in the same package with the evidence documents and application? Do I just dump it all into an envelope and send it off?

 

Thank you!

Everything looks good but as mentioned before, her birth certificate is not required.  And also passport stamps is a big one, that will match the plane tickets.

[amm7s@mtmail.mtsu 1]

On 2/2/2021 at 4:10 AM, Adventine said:

 

 

Also, you've been on this site a few months and I'm sure you've seen the numerous posts comparing the K1 to the spousal visa. I'm not going to dissuade you as I'm another one of those who chose to stay with the K1. Just want to set your expectations that this process is taking much, much longer than anyone expected. Your fiancé has been to the US before - is her US visa still valid? If yes, do take one last time to think about if you really want the K1 or the spousal route. 2020 has shown us that the K1 lost its comparative advantage in speed. Hopefully things will speed up in 2021.

Coming back to this, I did speak with her about switching to the spousal route instead of the K1 route. She does seem to be on board with it, but she is nervous about her entry into the US in the first place, having a fiance here that she would be marrying to apply for a spousal visa. Specifically, her concerns seem to be about her entry interview when she arrives in the US.

 

I'm not familiar enough with this stuff - I've never even so much as traveled internationally before, so I don't really have much advice to give her. She's very cautious about her status because she doesn't want to do anything that could jeopardize her ability to eventually come over here permanently, as even beyond me she has family over here that she wants to be near.

[Maki&Kiki 123]

No problems If she comes to the US with intent to marry you, goes back home and you start marriage visa. 

 

Problem is if she comes to the US with intent to marry you just to avoid long wait process that everybody else goes through and files AOS. That is what they call Visa fraud. 

 

No problem if she comes to the US without intent to marry you, but at some point due to circumstances still does and files AOS. Personally In my opinion majority of AOS due to 'sudden marriage' did have intent. I would understand if significant other falls ill or something really serious happens, but other than that I don't understand. I just don't see myself in such situation where I come to the US as a tourist and then 'spontaneously' marry and decide to leave everything behind (my job, friends and family), unless I already said my goodbyes . 

 

Anyways, intent is determined at POE, if she can convince the officer she will be back home everything should be ok, but that's big IF. Maybe the best is to marry in 3d country.

Hope somebody else with more experience can give better advice.

Edited February 3, 2021 by Kittinpaw

[Adventine 3,206]

5 hours ago, amm7s@mtmail.mtsu said:

Coming back to this, I did speak with her about switching to the spousal route instead of the K1 route. She does seem to be on board with it, but she is nervous about her entry into the US in the first place, having a fiance here that she would be marrying to apply for a spousal visa. Specifically, her concerns seem to be about her entry interview when she arrives in the US.

 

I'm not familiar enough with this stuff - I've never even so much as traveled internationally before, so I don't really have much advice to give her. She's very cautious about her status because she doesn't want to do anything that could jeopardize her ability to eventually come over here permanently, as even beyond me she has family over here that she wants to be near.

I understand why she is being cautious, especially as she overstayed during her last, recent visit.

 

Unfortunately I can't say with any authority if they let her into the States on her next attempt.

 

Here are the options I can see for you:

 

- you can file the K1 petition now, with the understanding that it's nowhere near as fast as it used to be

 

- she can travel to the US, you get married and file for the spousal visa, with the understanding that she returns to the PH at the end of her authorized stay

 

- you meet in a third country and get married there, then return to your home countries. @top_secret did this in Costa Rica and he's shared his story in the Philippines regional forum.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[aaron2020 11,651]

Just because the US Embassy is not processing K-1 right now, it doesn't mean they will not be processing them in 6 months.  Filing the I-129f starts with USCIS which is still processing them.

With a 1 year stay in the US from Nov. 2019 to Nov. 2020, it's highly unlikely that she would be let back into the US at this point.  I wouldn't count on it.  

[amm7s@mtmail.mtsu 1]

3 hours ago, aaron2020 said:

Just because the US Embassy is not processing K-1 right now, it doesn't mean they will not be processing them in 6 months.  Filing the I-129f starts with USCIS which is still processing them.

With a 1 year stay in the US from Nov. 2019 to Nov. 2020, it's highly unlikely that she would be let back into the US at this point.  I wouldn't count on it.  

But when they open back up, they would have a 1 year back log to catch up on, right? Which would by default back us up even longer.

 

As far as her overstay - even with an extension request, and multiple attempts to reschedule her flight home before her authorized stay was up, and were cancelled beyond her control due to COVID?

[aaron2020 11,651]

55 minutes ago, amm7s@mtmail.mtsu said:

But when they open back up, they would have a 1 year back log to catch up on, right? Which would by default back us up even longer.

 

As far as her overstay - even with an extension request, and multiple attempts to reschedule her flight home before her authorized stay was up, and were cancelled beyond her control due to COVID?

 

Ignore COVID.  Look at this way.  She was in the US for a year.  She left 3 months ago.  Now she wants to come back.  Does that looks like someone who is visiting the US?  Or someone who lived in the US for a year, took a brief trip abroad, and is now coming back to live with her US boyfriend?  The rule of thumb about visiting the US multiple times is to stay outside the US as much as a person has been inside the US.

[amm7s@mtmail.mtsu 1]

11 hours ago, aaron2020 said:

 

Ignore COVID.  Look at this way.  She was in the US for a year.  She left 3 months ago.  Now she wants to come back.  Does that looks like someone who is visiting the US?  Or someone who lived in the US for a year, took a brief trip abroad, and is now coming back to live with her US boyfriend?  The rule of thumb about visiting the US multiple times is to stay outside the US as much as a person has been inside the US.

Well she's not coming back in tomorrow. We won't be planning a trip for another few months at least. Probably over the summer.

 

Her last trip here wasn't her first. She's been here multiple times, with a history of always leaving on time. She has family here that she visits, and that is established already. She only over-stayed due to COVID, and that was with multiple attempts to leave on time, before finally applying for an extension before her stay expired in the first place.