Do I have to be "engaged" to file a K1 Fiance visa?

[Nazim and Debbie 14]

I've read some folks have been denied the K1 Visa as they submitted a elaborate engagement ceremony which the USCIS had deemed as a marriage and therefore ineligible for K1 Visa.

[retheem 568]

2 hours ago, Skyman said:

To me, engaged means you plan to get married so I would say you're already engaged.  There's no legal definition or certification for 'engaged.'  No requirement to give a ring or get on a knee or sign anything.

If for some reason you don't want to label yourself as engaged then how about engaged to be engaged?

Being engaged is when he goes on one knee and he gives her a ring and asks her "will you marry me" and then those pictures are uploaded on facebook and instagram so that we comment and see the reactions of her crying lol...jk.

[Asterix78 27]

As others have already said, you absolutely don't have to really be engaged (the ring, getting on one knee, blah blah). We submitted following our 2nd in person visit just to save time, and got engaged 2 months later when we met the 3rd time. 

[mushroomspore 3,044]

8 hours ago, allendo said:

Understood. I've done some research. I forgot to mention I'm working with a lawyer/attorney for this. He's told me that along with the service/signed contract he will help us with her status change/green card. The lawyer mentioned it would be best if we get "engaged" to further provide more evidence to our visa submission. That is probably true and I understand his concern but I'm just wondering if submitting evidence of being "engaged" crucial or needed. We will provide other evidence of being free to and willing to marry each other within 90 days.  Like the signed statement from both parties, her family and mine, our relationship rings(Brazilian culture) etc.

All instructions and evidence are provided in with the official forms directly off of USCIS' official website. Do not download the forms and the instructions packets from anywhere else. It's okay to read about the visa from other websites but I would make sure to cross-check that information with what is being said on VJ as other websites tend to keep outdated information while VJ is the most up-to-date with members who are currently going through different types of visa and immigration processes. There is NOTHING in the K1 visa paperwork that requires you to prove you are "engaged" and/or had a traditional proposal. Absolutely nothing; it does not say anything about these things anywhere in the official forms. So the lawyer is incorrect. "Engaged" is not a legal status. The purpose of the K1 visa is to prove you both are legally free to marry (which means attesting that you either have never been married before OR all prior marriages have been legally terminated) and intend to marry each other once inside the US together and that you have met face-to-face at least once in the two years prior to filing the K1. That's it.

 

If your case is not complicated (i.e., no criminal history, no bad history with US customs/border) and you are fluent in English, a lawyer for K1 and AOS is unnecessary.

Edited August 3, 2021 by mushroomspore

[payxibka 10,047]

52 minutes ago, SteveInBostonI130 said:

 

Per instructions for the I-129F, you need the following:

• Proof petitioner is USCIS
• Both parties free to marry (i.e., if previously married, then divorce decrees)
• Proof both parties met at least once in person within past 2 years
• Signed letters of intent to marry each other within 90 days of arriving to US with K1
• If parties met through a marriage broker, proof broker followed IMBRA requirements

How does one prove they are a USCIS?

 

Evidence of intent MAY include signed STATEMENTS of intent.  Certainly not required to be in letter format.

[yuna628 9,690]

To me being engaged means "can you get married?", "are you ready to get married?", "do you want to marry each other?". That's really it. And that's what the statement of intent is for. Since being engaged is not a legal status, it won't matter if you popped the question in the traditional sense as long as there's the statement of intent. Me and my husband were engaged for years before we got around to the K1. We did sent in photos of him popping the question and the ring receipt photocopy, but I don't think these really mattered.

[Boiler 45,837]

I think it is time VJ put a Health Warning on K1 applications. So many do not seem to know the issues.

[Mrs.Williams 34]

I was not engaged when I filed the K-1 visa. He "pop the question" in front of family and friends after he arrived to the states. 

[Mike E 11,742]

11 hours ago, allendo said:

Our question is... do we have to be "engaged" to file the K1 visa?

No.  
 

In our case I did not give my fiancée an engagement ring until after she filed DS-160 to apply for the K-1.   We flew to a third country to meet either other, had a lovely dinner, I presented her with her engagement ring. 
 

I also presented her the receipt for her engagement ring to bring to her K-1 visa interview.  Romantic huh?

 

She wore the ring and brought the receipt to the interview. I don’t recall if the CO collected the receipt. 
 

Bonafide relationship matters more than rings.  We met at least 10 times before her interview representing on the order of 2 months time spent together over the course of 3 years.  
 

Definitely do the rings even if you aren’t ring types as it is $20 for a three ring full set at Amazon.  
 

Definitely do a simple engagement party and provide pics.  We did three in her country before her interview.  

 

But rings  and parties  are icing on the cake and won’t matter to most COs.  
 

She was approved at the interview and we had the visa in hand 10 working days later.  
 

As others have said, now is the time to immerse yourself in visajourneyology and read all the materials.  We executed the process flawlessly (I dare say we are among the few couples to have achieved the trifecta of an SSN, bank account, and REAL ID before day 31) up to Adjustment of Status where we got some headwinds and needed legal advice.  Most cases will not have our issues.  

Edited August 3, 2021 by Mike E

[mushroomspore 3,044]

36 minutes ago, Boiler said:

I think it is time VJ put a Health Warning on K1 applications. So many do not seem to know the issues.

Yeah it's kinda crazy that some people do K1 but then are completely ignorant of AOS until they actually have to do it. On the other hand, I know a lot of people here (including myself) researched everything (AOS/visa process, ROC, N400) before committing to anything. I definitely encourage others to do the same before filing anything.

[Marieke H 2,521]

10 hours ago, allendo said:

@Jorgedig. Can you tell me more what is AOS? I understand she might not be able to work for a little while and that is fine. I can provide with my salary. As for not being able to travel it is only outside of the USA right? From what I researched she should be able to travel anywhere inside the USA correct?

Others have done an excellent job answering your initial question, but I want to make sure you understand what you are getting in to...

 

It will not be "a little while". For me, it took 7 months before I had my EAD, and that was before the huge COVID backlogs. It is not just a financial issue; it is also (and more importantly) about your new wife being able to start her life here in the US. While you will be working to provide for the two of you, she will be sitting at home. She will not be able to work, leave the country, and in many states, get a driver's license. It will make her world very small, and all that, on top of trying to adjust to life in a new country after leaving her friends and family, can be very depressing.

 

Of course everyone handles it differently, but make sure she understands what it will be like. A big advantage of the spousal visa is that as soon as she arrives she will be a permanent resident, and she can start working, get a driver's license, go back for visits if she wants. All of that would help a lot to adjust and feel at home in her new country.

[mari04 100]

Do not worry about engagement. In fact, I would avoid engagement party at all costs to avoid complications just in case it may look like wedding to them. You never know. The key though: how many times you met? For how long each time? When was the last time you met? I think this is much more important. In addition, K1 is still faster no matter what some CR1 supporters say. The key is that you need to be comfortable that she will not be able to travel outside of us or work for about a year now. 

[mushroomspore 3,044]

11 minutes ago, Marieke H said:

Others have done an excellent job answering your initial question, but I want to make sure you understand what you are getting in to...

 

It will not be "a little while". For me, it took 7 months before I had my EAD, and that was before the huge COVID backlogs. It is not just a financial issue; it is also (and more importantly) about your new wife being able to start her life here in the US. While you will be working to provide for the two of you, she will be sitting at home. She will not be able to work, leave the country, and in many states, get a driver's license. It will make her world very small, and all that, on top of trying to adjust to life in a new country after leaving her friends and family, can be very depressing.

 

Of course everyone handles it differently, but make sure she understands what it will be like. A big advantage of the spousal visa is that as soon as she arrives she will be a permanent resident, and she can start working, get a driver's license, go back for visits if she wants. All of that would help a lot to adjust and feel at home in her new country.

Soo many people do not consider the culture shock and the heightened negativity of going through this process while forced to be unemployed and having limited freedom. A good amount of couples don't make it through this process because they're unprepared for the stress. USCIS is also not a good agency in terms of communication with applicants. I think it would be different if USCIS was very accessible and consistently helpful and easy to talk to if/when your case seems to be taking a while. But since this is not the case, the process ends up feeling very isolating and hopeless. @allendo This is important food for thought for the sake of your and your significant other's mental health moving forward into this process.

[Boiler 45,837]

10 minutes ago, mari04 said:

Do not worry about engagement. In fact, I would avoid engagement party at all costs to avoid complications just in case it may look like wedding to them. You never know. The key though: how many times you met? For how long each time? When was the last time you met? I think this is much more important. In addition, K1 is still faster no matter what some CR1 supporters say. The key is that you need to be comfortable that she will not be able to travel outside of us or work for about a year now. 

Faster then get a Green Card? There are quite a few other disadvantages 

 

 

[mushroomspore 3,044]

18 minutes ago, mari04 said:

Do not worry about engagement. In fact, I would avoid engagement party at all costs to avoid complications just in case it may look like wedding to them. You never know. The key though: how many times you met? For how long each time? When was the last time you met? I think this is much more important. In addition, K1 is still faster no matter what some CR1 supporters say. The key is that you need to be comfortable that she will not be able to travel outside of us or work for about a year now. 

K1 visa by itself is taking, what, 8+ months at minimum. And then the AOS process is 1+ year by itself. So that is ~1.5-2+ years total from filing K1 to the green card. CR1/IR1 takes 1-2 years, depending on the embassy/consulate and there is no AOS involved. So yes, technically, the K1 visa is "faster" to get, but it's incorrect to say it like that, especially to people unfamiliar with all of this, because you're not done when you get the K1. The end goal is the green card. Comparing K1+AOS and CR1/IR1, there is actually not much difference in terms of length of time. CR1/IR1 is cleaner overall.

Edited August 3, 2021 by mushroomspore