Planning to start our K1 Journey - Need Advice

[elliotp 0]

Hi all,

 

I'm obviously new to this community but i'm happy to join all of you.

That being said, my girlfriend and I have finally decided to get started on our K1 Visa Application soon, and while there's so much information on the internet... I had personal questions that I felt all of you could answer best. It's been overwhelming to be honest.

 

Background story (long read): I'm an American living in Los Angeles that wanted to visit family overseas in 2018. My girl and I met in the Philippines during summer of that year through my cousin. We had a blast hanging out constantly and after leaving from a month staying in the country, we kept in touch for 3 months. I decided to go back in November and we got together officially that month when I visited the country again. At the time, I was 25 and she was 26. In 2019, I tried to find a chance to visit her in the Philippines as much as I could. My mother's family also lives on her island so it wasn't very expensive staying overseas. Every time we linked up in 2019 felt like an experience and we have plenty of photos and videos saved from our adventures all over the country. We met 4 times throughout the year. Once January 2020 came, we started discussing the idea of getting her to finally visit the US since she does have family here in various states. The only catch was that she wasn't close enough to ask for any of them to petition her but they would most likely let her stay at their house if she managed to find a way here in the US. She is a college educated ESL teacher living alone with her parents and runs a small little shop on the side so we thought maybe she could file her own tourist B2 visa. We agreed I would visit her one last time before her B2 visa gets processed... then the global pandemic happened in March. During that time, I stopped working and was taking care of my parents. Lots of personal family issues happened around this time for myself and her as well.  As with most people, it was a tough year, but we consistently stayed in touch over Facebook. Then January 2021 starts and we talked about our options. We felt strongly in love despite our circumstances and decided to go for a K1 Visa so I went back to job hunting. Went through 2 jobs (currently still working under the 2nd job) and now i'm trying to get started on this journey of marrying my girlfriend here in LA.

 

As a side note... I live alone with my mother who makes well over $60,000 a year so I figure she could be a joint sponsor in this situation. But I just wanted tips, advice, and things like that before I finally get started.

 

Here are some of my questions to start off:

 

• Is hiring a lawyer necessary in this process? What are the advantages?
• Can she still visit the US before everything finalizes?
• Will I need to have a certain amount of money saved in my bank account despite my mother joint sponsoring?
• If I were to quit my current job and visited her, will that affect our chances of getting approved by the US embassy?
• We have TONS of videos and pictures saved from being together plus Facebook posts.. is that enough to show proof of our relationship?

• Are they going to check my monthly income for consistency?

• What if I end up jobless for 2 months while the petition is still processing yet my mother (joint sponsor) is still making money?

 

I will try to keep this topic updated when necessary. Thank you everyone!

Edited July 16, 2021 by elliotp

[Adventine 3,210]

Welcome to the forums! Good that you're doing research in advance.

 

To reply to your questions:

 

• Is hiring a lawyer necessary in this process? What are the advantages?
• A: No need for a lawyer if your case is straightforward. Meaning no past visa denials, deportations, criminal convictions, etc.
• Can she still visit the US before everything finalizes?
• A: Yes, as long as she has a tourist visa.
• Will I need to have a certain amount of money saved in my bank account despite my mother joint sponsoring?
• A: No fixed amount is "needed" in the bank but you and/or the joint sponsor need to meet the income requirements specified on the USCIS website (VJ guides have more info). Be aware that the immigration officers look at the totality of your circumstances, not just a number in a bank account.
• If I were to quit my current job and visited her, will that affect our chances of getting approved by the US embassy?
• A: the more visits you have, the stronger your proof of a genuine relationship. At the same time, you need to prove you can financially support her in the US. That usually means either a US job or significant assets.
• We have TONS of videos and pictures saved from being together plus Facebook posts.. is that enough to show proof of our relationship?
• A: Better evidence are your passport stamps, flights and hotel reservations.

• Are they going to check my monthly income for consistency?

• A: it could come up, yes.

• What if I end up jobless for 2 months while the petition is still processing yet my mother (joint sponsor) is still making money? 

• A: A temporary period of unemployment shouldn't be a problem but be aware that any petition is going to take far longer than 2 months.

 

I advise you to look at this thread in particular to help you on this long, expensive, sometimes excruciating journey. Good luck!

 

[Keithn85 400]

5 minutes ago, elliotp said:

I had personal questions that I felt all of you could answer best. It's been overwhelming to be honest.

What are the questions?  To be honest, there is a tutorial on here that gives you a wealth of information.  The top banner of options has Guides -> US visas -> K1 Fiance visa.  You can use the search in the upper right corner to find specific topics.  I would also check the I-129F form on USCIS's website and look at what they require.  https://www.uscis.gov/i-129f  Go here and click on checklist of required initial evidence.  Then once you read through that and understand what they are asking, come back here to Visa Journey and look up the K1 Process.  Compare what USCIS is asking for the I-129F and what Visa Journey suggests.  

When my fiancée and I decided to pursue this, we already met once in person and knew each other for 11 months (which does not sound like a long time, but it is amazing how much you can talk.)  I wanted the second visit to be the one where we gathered the evidence and filled out the form as needed.  (Just to let you know that this was before my account with Visa Journey was opened).  I basically read up on the K1 vs the CR1 and we both decided to go the K1 route.  We gathered the evidence we needed.  She wanted me to hire an attorney for the process so I made an appointment after I returned from visiting her with an attorney close by.  Because of the pandemic, it ended up being a zoom call.  He basically told me "I cannot tell you what to put on that form but I can give you a general idea."  I asked him some "general" questions and he answered for me.  He also suggested as the intent to marry for us to both date and sign letters to show our intent and for me to write how we met.  After we gathered evidence (because I wanted to front load as much as possible just in case) I filled out the form and sent it all off.  Then, I discovered Visa Journey.  

Basically, do like what I suggested with both items.  Start with looking at the checklist of the form I-129F, then come back here to Visa Journey and look at what is suggested to fulfill the checklist.
It seems like you have an awesome start anyway and you only need to fill out the information.  There is also a guideline on USCIS for filling out the form.  I had to ask 1 or 2 questions on that to the attorney, but you will be able to find the answers on here for sure.

[powerpuff 6,748]

You might want to rethink applying for a K-1 petition/visa because Manila consulate hasn’t processed routine K-1s since March 2020. They’re barely processing any (only emergency ones) and 1 month of backlog is estimated to take 10 months to clear at this pace. And you’re looking at 16 months of backlog! 
 

Source: @Captain Ewok’s meticulous data compiling and analysis 

 

 
I think it’ll be wiser to go for a spousal visa instead.

 

Edited July 16, 2021 by powerpuff

[payxibka 10,047]

45 minutes ago, elliotp said:

Hi all,

 

I'm obviously new to this community but i'm happy to join all of you.

That being said, my girlfriend and I have finally decided to get started on our K1 Visa Application soon, and while there's so much information on the internet... I had personal questions that I felt all of you could answer best. It's been overwhelming to be honest.

 

Background story (long read): I'm an American living in Los Angeles that wanted to visit family overseas in 2018. My girl and I met in the Philippines during summer of that year through my cousin. We had a blast hanging out constantly and after leaving from a month staying in the country, we kept in touch for 3 months. I decided to go back in November and we got together officially that month when I visited the country again. At the time, I was 25 and she was 26. In 2019, I tried to find a chance to visit her in the Philippines as much as I could. My mother's family also lives on her island so it wasn't very expensive staying overseas. Every time we linked up in 2019 felt like an experience and we have plenty of photos and videos saved from our adventures all over the country. We met 4 times throughout the year. Once January 2020 came, we started discussing the idea of getting her to finally visit the US since she does have family here in various states. The only catch was that she wasn't close enough to ask for any of them to petition her but they would most likely let her stay at their house if she managed to find a way here in the US. She is a college educated ESL teacher living alone with her parents and runs a small little shop on the side so we thought maybe she could file her own tourist B2 visa. We agreed I would visit her one last time before her B2 visa gets processed... then the global pandemic happened in March. During that time, I stopped working and was taking care of my parents. Lots of personal family issues happened around this time for myself and her as well.  As with most people, it was a tough year, but we consistently stayed in touch over Facebook. Then January 2021 starts and we talked about our options. We felt strongly in love despite our circumstances and decided to go for a K1 Visa so I went back to job hunting. Went through 2 jobs (currently still working under the 2nd job) and now i'm trying to get started on this journey of marrying my girlfriend here in LA.

 

As a side note... I live alone with my mother who makes well over $60,000 a year so I figure she could be a joint sponsor in this situation. But I just wanted tips, advice, and things like that before I finally get started.

 

Here are some of my questions to start off:

 

• Is hiring a lawyer necessary in this process? What are the advantages?
• Can she still visit the US before everything finalizes?
• Will I need to have a certain amount of money saved in my bank account despite my mother joint sponsoring?
• If I were to quit my current job and visited her, will that affect our chances of getting approved by the US embassy?
• We have TONS of videos and pictures saved from being together plus Facebook posts.. is that enough to show proof of our relationship?

• Are they going to check my monthly income for consistency?

• What if I end up jobless for 2 months while the petition is still processing yet my mother (joint sponsor) is still making money?

 

I will try to keep this topic updated when necessary. Thank you everyone!

1.  No

 

2. She can but don't bank on her getting a visiting visa

 

3.  No

 

4.  Not needed for the petition 

 

5.  No

 

6.  No problem 

[elliotp 0]

Hi all it's been a while!

 

As an update, this year has been hectic in our personal lives. We still communicate daily and have been looking at our current options. Our 2 year mark since we seen each other (Dec. 4th 2019) is approaching this week and our K1 application is filled. Cover letter's nice. Followed some Youtube videos and got everything printed out. It's pretty much ready to get sent out along with the processing fee check.

 

However, I have been looking at the CR-1 option everywhere on this site and we spoke about it. I'm 50/50 on pulling the K1 trigger and am really thinking about CR-1 as an option because i'm planning to see my fiance in the Philippines in late February. We can always get married out there and I can file CR-1 when I get back. But, i'd like to see what all of you think first!

 

Thank you for the responses in this thread. Cheers.

[SalishSea 18,126]

3 hours ago, elliotp said:

Hi all it's been a while!

 

As an update, this year has been hectic in our personal lives. We still communicate daily and have been looking at our current options. Our 2 year mark since we seen each other (Dec. 4th 2019) is approaching this week and our K1 application is filled. Cover letter's nice. Followed some Youtube videos and got everything printed out. It's pretty much ready to get sent out along with the processing fee check.

 

However, I have been looking at the CR-1 option everywhere on this site and we spoke about it. I'm 50/50 on pulling the K1 trigger and am really thinking about CR-1 as an option because i'm planning to see my fiance in the Philippines in late February. We can always get married out there and I can file CR-1 when I get back. But, i'd like to see what all of you think first!

 

Thank you for the responses in this thread. Cheers.

This is the choice that most here would advocate for, even those of us who did a K-1 pre-COVID.  The distinct advantages would be to have an immediate green card, and therefore the ability to work and travel.  

[Adventine 3,210]

Go for the spousal visa. You mentioned you've read the threads about it on the website. It will avoid a lot of problems going down the line.

 

You have three ways to get married:

 

1. Zoom wedding: You can get married online via Zoom (lots of threads on this), use that to file for a PH 9a visa, travel to the Philippines, and file for a US spousal visa.

 

2. In person wedding in the PH: you mentioned you have Filipino roots. Check if you qualify for the balikbayan privilege and can enter the PH without a visa. 

 

3. In person wedding in a third country: more expensive than the first two options, but doable, for example, in countries like Costa Rica.

Edited December 1, 2021 by Adventine