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

[dwheels76 5,468]

1 hour ago, Mike E said:

@allendo
 

The Utah Zoom Marriage makes marriage laws in foreign countries irrelevant.  You can get married in Brazil and not involve the Brazilian authorities.    
 

In the future I think most people (Americans or not) in the world, whether they are immigrating or visiting the USA or not  will be doing the Utah zoom marriage.  Utah will be able to repeal its income, sales, and property taxes.  

There is a member on VJ that used Utah Zoom she was in I think Texas he was still in South America they married she did go down and see him shortly after the "wedding". He had Interview and they were told the whole story he was approved. So seems being in same place at same time isn't the issue. Consummating marriage before interview is (they did meet before way before filing).
I know w a few since trying to game the system and go this route by never meeting and I guess think they will get approved.

[SalishSea 18,016]

6 hours 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.

Yup.   Then they come back, totally unaware of things like AOS…..

[Nat&Amy 623]

49 minutes ago, allendo said:

Interesting. I didn't know that Utah can do that. Thanks for suggesting this option. I will discuss these options with my gf and decide on what would be the best for us. Much appreciated! 

It seems from your original post that you and gf like to plan things and maybe for that reason the Utah Zoom wedding might not sound like an appealing option. However, remember that you two can still have your dream wedding party if you want, in Brazil or in the US, after you get legally married. It might not be what one wants but immigration requires the ability to adapt and change plans more than once. I went the K1 route and profoundly regret it even though my process was faster than many. As mentioned by others, it was TOUGH to wait months for a work permit and authorization to leave the country in addition to acclimating to the local culture. Plus it's costly and time consuming. The spousal route makes infinitely more sense.

[SalishSea 18,016]

4 hours 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. 

Not sure why you’re saying the K-1 is faster.   Those waiting for interviews at consulates where no K-1 interview has taken place  for the last 16 months may beg to differ.

[SalishSea 18,016]

1 hour ago, allendo said:

Interesting. I didn't know that Utah can do that. Thanks for suggesting this option. I will discuss these options with my gf and decide on what would be the best for us. Much appreciated! 

It doesn’t necessarily speed anything up, because you cannot file until after you’ve been together in person.

[SalishSea 18,016]

18 minutes ago, dwheels76 said:

There is a member on VJ that used Utah Zoom she was in I think Texas he was still in South America they married she did go down and see him shortly after the "wedding". He had Interview and they were told the whole story he was approved. So seems being in same place at same time isn't the issue. Consummating marriage before interview is (they did meet before way before filing).
I know w a few since trying to game the system and go this route by never meeting and I guess think they will get approved.

Note that the requirement is to consummate the marriage prior to filing the actually petition, not just prior to the interview.

[dwheels76 5,468]

Here;s the Thread on the Utah Zoom Marriage that got approved with them not being together.

 

 

[Chancy 6,243]

9 minutes ago, dwheels76 said:

Here;s the Thread on the Utah Zoom Marriage that got approved with them not being together.

 

To make sure other readers don't misinterpret the requirements -- the OP of that thread did state that they met in person after the wedding but before filing, and that they knew that to be a requirement for the I-130.

 

 

[laylalex 7,293]

7 hours ago, retheem said:

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.

I got a bracelet instead of a ring and then I had to open the jewelry case myself because it was jammed! He will never live this down.  

 

To the OP: just echoing what others have said about the K1/CR1. The CR1 is vastly superior in terms of money and hassle. When you will have a lifetime together, a few more months apart in order to have your spouse already set in terms of travel and work authorization is priceless. My husband came in on a work visa and we are adjusting, and while this is not an option available to many people, with him able to work and travel we have been able to focus on us and our relationship as partners and then spouses. AOS is a long, long process these days, and a time with the non-USC is in limbo. It's hard to integrate into your community when you can't work or drive a car, or feel you can't go home if you absolutely must. Just food for thought. Best of luck to you both and congrats on your engagement!

[dwheels76 5,468]

17 minutes ago, Jorgedig said:

 

12 minutes ago, Chancy said:

 

To make sure other readers don't misinterpret the requirements -- the OP of that thread did state that they met in person after the wedding but before filing, and that they knew that to be a requirement for the I-130.

 

 

I just wanted to make the point that they weren't together for the ceremony it seems that is not a requirement. Just meeting before filing is.

 

 

 

[Chancy 6,243]

6 minutes ago, dwheels76 said:

I just wanted to make the point that they weren't together for the ceremony it seems that is not a requirement. Just meeting before filing is

 

Yup, that's true.

 

[Chancy 6,243]

1 hour ago, allendo said:

Interesting. I didn't know that Utah can do that. Thanks for suggesting this option. I will discuss these options with my gf and decide on what would be the best for us. Much appreciated! 

 

When you discuss the Utah Zoom wedding option with your gf, she might be interested to know that although the marriage will be considered valid in Brazil, it will not automatically confer any legal rights to her as a married person in Brazil.  One practical consequence of this is that she will not immediately have the option to use her married name on her passport, if that is her preference.  If she wants the Utah marriage to be recognized with legal effects in Brazil (including the use of her married name on her passport), she will need to somehow get it registered into the Brazilian civil registry.  But whether she does so or not, is not required for and will have no impact on the CR1 process.

 

More info here re: "I have married abroad. Am I automatically married before the Brazilian judicial system?" -- https://www.gov.br/mre/en/access-to-information/frequently-asked-questions/assistance-to-brazilians-abroad#II19

 

[Coco8 1,042]

You said you are thinking of having a lawyer. I think it's a waste of money. Your case seems straightforward. The lawyer will basically make you fill out the information they enter on the forms and then send them. That's what's he is charging you for. It won't be faster than doing it yourself, and they can easily make a mistake filling out the forms. You can get help on this forum and follow the examples, and do it yourself.

 

Like others have said, doing a CR1 is much better right now. COVID is going to go for long, particularly in Brazil, which means that the consulate will not do any K1 visas and they will expire. If it expires, then there is nothing you can do about it. A few days ago someone posted a video saying that since Biden took office, the Department of State had so many K1 in backlog that they are letting them expire because they need to "clean" the queue.  It's terrible practice but it means all those people will have to start over and the lawyer on the video said he is telling their clients to get married.

 

[Mike E 11,742]

4 hours ago, Jorgedig said:

It doesn’t necessarily speed anything up, because you cannot file until after you’ve been together in person.

Huh?

 

The sub thread I started was in reply to red tape Brazil places on getting married.  Utah Zoom Marriage most definitely speeds things up.  It speeds up CR1s and for that matter AOS after K-1 as a majority of K-1 couples who married in the USA during the pandemic (or in LA county any time) can attest.  
 

Bricks and Mortars marriages are dead meat, like Sears and Roebuck, horse drawn carriages, pay phones, manual transmissions, steam engines, etc.  

[mari04 100]

10 hours ago, mushroomspore said:

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.

No one is really asking about shortest path to green card. People are talking about shortest path to being together in IS. So you are comparing apples and oranges. And yes, K1 is faster because you essentially skip NVC stage. I129f usually takes faster for approval. Interviews are also scheduled with the same pace. So K1 is faster and no one will argue. There are obvious benefits of CR1 but they are irrelevant if someone is wealthy enough.