K1 visa expedite

[sb3570 25]

Hey guys.

 

we filed our i129f on may 3rd so we are officially 7 months in. Hopefully we get approved soon but I’m worried since they haven’t really started processing March cases yet.

 

my fiancé and I both live together in Ireland and we are worried about another covid lockdown being introduced. Would we have grounds for an expedite with uscis if my fiance(petitioner) loses his job and that would put us in financial hardship?

 

does anyone have any experience with this?

[Dashinka 24,495]

I don't have any experience with expediting a K1/I129F, and with the global backlog, I am not sure how much can really be done.  I am curious, if you are living together in Ireland, why not get married and take the spousal (CR1/IR1) visa route?  There is not much time advantage to the K1 anymore, and the CR1 would allow the foreign spouse to immediately work and travel internationally after they enter the US with the valid visa.

 

Good Luck!

[sb3570 25]

Just now, Dashinka said:

I don't have any experience with expediting a K1/I129F, and with the global backlog, I am not sure how much can really be done.  I am curious, if you are living together in Ireland, why not get married and take the spousal (CR1/IR1) visa route?  There is not much time advantage to the K1 anymore, and the CR1 would allow the foreign spouse to immediately work and travel internationally after they enter the US with the valid visa.

 

Good Luck!

Yeah looking back , I wish we would’ve just got married here and did the spousal visa. I think now since we’re almost at the end of the k1 process we’re just gonna stick to it instead of starting all over again

[Crazy Cat 41,851]

2 hours ago, sb3570 said:

Hey guys.

 

we filed our i129f on may 3rd so we are officially 7 months in. Hopefully we get approved soon but I’m worried since they haven’t really started processing March cases yet.

 

my fiancé and I both live together in Ireland and we are worried about another covid lockdown being introduced. Would we have grounds for an expedite with uscis if my fiance(petitioner) loses his job and that would put us in financial hardship?

 

does anyone have any experience with this?

Why did you file for a K-1?  

 

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) 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.
  �

 

[Dashinka 24,495]

1 hour ago, sb3570 said:

Yeah looking back , I wish we would’ve just got married here and did the spousal visa. I think now since we’re almost at the end of the k1 process we’re just gonna stick to it instead of starting all over again

You may want to re-evaluate what you are calling the "end" of the process.  It seems you are still in the USCIS/I129F stage which may be approved in the next few months, but then K1s seem to hit a brick wall at NVC due to the backlogs at the consulates.  Of course we do not know your entire story and DCF is not a routine thing anymore, but make sure you are looking at the fact that in a year or more when the K1 is finally approved, the foreign spouse will not be able to work or travel internationally for 8 months or more after the AOS/AP/EAD package is submitted.

 

Regardless, your decision.  Here is some information for making an expedite request.  I am not sure if you have to submit a new request at each stage (USCIS/NVC/Consulate), others may know that better.

 

Good Luck!

 

https://www.visatutor.com/fiance-visa-expedite-request/

[sb3570 25]

40 minutes ago, Crazy Cat said:

Why did you file for a K-1?  

 

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) 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.
  �

 

We filed for k1 because we wanted to get married in the US with all his family. The work and travel restrictions aren’t a big deal for us so we were fine with having to file AOS and wait. Also with the sponsor requirements we would have had to get a family member to sponsor for the green card as he only has foreign income but with the k1 we will only have to get a sponsor for the k1 and he can be my sponsor for the AOS when he has a job over there. Over all there are a lot of pros and cons of both processes but we are almost at the end with only a couple months left to go instead of starting over with a spousal visa. 

[sb3570 25]

10 minutes ago, Dashinka said:

You may want to re-evaluate what you are calling the "end" of the process.  It seems you are still in the USCIS/I129F stage which may be approved in the next few months, but then K1s seem to hit a brick wall at NVC due to the backlogs at the consulates.  Of course we do not know your entire story and DCF is not a routine thing anymore, but make sure you are looking at the fact that in a year or more when the K1 is finally approved, the foreign spouse will not be able to work or travel internationally for 8 months or more after the AOS/AP/EAD package is submitted.

 

Regardless, your decision.  Here is some information for making an expedite request.  I am not sure if you have to submit a new request at each stage (USCIS/NVC/Consulate), others may know that better.

 

Good Luck!

 

https://www.visatutor.com/fiance-visa-expedite-request/

Yeah so we are 7 months into the uscis stage. We are hoping with the way things are going that we will be approved end of jan/ feb and according to timelines here in Ireland it is only take 1-2 months from noa2 - interview date.

I have looked into dcf as they do it in Dublin but only with exceptional circumstances but it’s taking about 3 months to get a marriage license here due to backlogs so I feel like by the time we do that, get married, file for dcf the k1visa will probably be issued by then.

 

thanks for the link!

[Dashinka 24,495]

3 minutes ago, sb3570 said:

Yeah so we are 7 months into the uscis stage. We are hoping with the way things are going that we will be approved end of jan/ feb and according to timelines here in Ireland it is only take 1-2 months from noa2 - interview date.

I have looked into dcf as they do it in Dublin but only with exceptional circumstances but it’s taking about 3 months to get a marriage license here due to backlogs so I feel like by the time we do that, get married, file for dcf the k1visa will probably be issued by then.

 

thanks for the link!

Zoom wedding.

[SteveInBostonI130 3,449]

5 hours ago, sb3570 said:

Hey guys.

 

we filed our i129f on may 3rd so we are officially 7 months in. Hopefully we get approved soon but I’m worried since they haven’t really started processing March cases yet.

 

my fiancé and I both live together in Ireland and we are worried about another covid lockdown being introduced. Would we have grounds for an expedite with uscis if my fiance(petitioner) loses his job and that would put us in financial hardship?

 

does anyone have any experience with this?

 

Your fiance (USC) having or not having a job in a foreign country has no relevance for the K1.  That is, not having an approved K1 petition did not result in his unemployment, and having an approved petition will not suddenly let him gain employment.

 

The USC is always allowed to move to the US and find employment there, again, regardless of the K1 petition status.  Because you are not married, there is no obligation for spousal support.  Also, even with an approved K1 the foreign fiance will not be allowed to work and this may cause more financial hardship.  I am stating this in the way USCIS will look at your case, if you decide to go the financial hardship route.  You will have to show evidence how an approved K1 can specifically alleviate the hardship.

 

 

[powerpuff 6,697]

~ Moved from K1 Progress Reports to Process ~

[Melissa and Keith 4]

My fiance lives in England. The processing center received our K1 applications on January 20, 2021. It was approved on Aug 25. After more paperwork and forms, he had his interview on November 24, and was approved. So it took 10 months from start to finish for him to get his visa for him to travel here for us to marry. 

[slavaskii 886]

1 hour ago, Melissa and Keith said:

My fiance lives in England. The processing center received our K1 applications on January 20, 2021. It was approved on Aug 25. After more paperwork and forms, he had his interview on November 24, and was approved. So it took 10 months from start to finish for him to get his visa for him to travel here for us to marry. 

Unfortunately, I-129F now takes 9 months minimum to process, so such timelines are no longer realistic. I am unaware of how NVC processes cases through but it's my understanding that so long as the interviewing embassy is relatively clear, they'll request the packet fairly promptly. OP, you can always check the average amount of time it takes for an Ireland interview under the Processing Times tab here on VJ. I would recommend joining our little thread for March filers in the "Progress + Reports" subforum or the March filers Facebook group. We have charts that are regularly updated and may inform your decisions. 

[Redro 4,611]

On 12/3/2021 at 10:51 PM, sb3570 said:

We filed for k1 because we wanted to get married in the US with all his family. The work and travel restrictions aren’t a big deal for us so we were fine with having to file AOS and wait. Also with the sponsor requirements we would have had to get a family member to sponsor for the green card as he only has foreign income but with the k1 we will only have to get a sponsor for the k1 and he can be my sponsor for the AOS when he has a job over there. Over all there are a lot of pros and cons of both processes but we are almost at the end with only a couple months left to go instead of starting over with a spousal visa. 

You don't know if the work and travel restrictions will be a big deal until you are actually living in the States. 

If financial hardship is a concern right now consider what it will be like to live in the States on one income while you (the beneficiary) is wholly dependent on your husband (the petitioner) while you wait for your EAD and AP.  Depending on where you live, you might not be able to drive either. 7+ months not being able to work or drive. 

 

Unless living in the States is the most important thing and you need to leave Ireland, I strongly recommend re-considering your options and getting married via Utah Zoom or in Ireland and having a vow renewal/commitment ceremony in front of his family when you arrive in the States. 

I know a lot of international couples and it's not at all unusual to have two "weddings": one in each country. 

 

VisaJourney currently shows 4 months between NOA2 and interview for Ireland. If they haven't started processing March yet, you're looking at maybe 6 or more months before you get to the interview stage. 

K1 timelines for Ireland.

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Ireland&op1=3&op2=&op3=1&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=

CR1/IR1 timelines for Ireland.

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Ireland&op1=&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=

 

Edited December 13, 2021 by Kor2USA
added Ireland timelines

[Help if U can 1]

On 12/3/2021 at 3:27 PM, Dashinka said:

I don't have any experience with expediting a K1/I129F, and with the global backlog, I am not sure how much can really be done.  I am curious, if you are living together in Ireland, why not get married and take the spousal (CR1/IR1) visa route?  There is not much time advantage to the K1 anymore, and the CR1 would allow the foreign spouse to immediately work and travel internationally after they enter the US with the valid visa.

 

Good Luck!

Expedited case requires urgent matters.

petitioner not living in US may turn into domicile  problem! A resident nay not be a domicile disqualified for spousal visa !!!!

watch what you are asking for. 

[sb3570 25]

1 minute ago, Help if U can said:

Expedited case requires urgent matters.

petitioner not living in US may turn into domicile  problem! A resident nay not be a domicile disqualified for spousal visa !!!!

watch what you are asking for. 

I think going off what you and @Kor2USA have said. I am definitely going to be looking into a spousal visa. I’m not sure if we can do zoom wedding since my fiancé isn’t a resident anymore but it might be easier to get married abroad in Europe and then register the marriage here and then apply for spousal. I need to also look into dcf requirements for the Irish embassy also. If anyone has any info on dcf that would also be great. 
 

but yeah I think spousal will be the way to go because with the delays for k1 now and then the restrictions of work and travel spousal is looking a lot better.

 

thanks for all your guys help!