Jump to content

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline
Posted

Hello! I'm brand new here, and plan to move to the United States from Canada to live with my fiancé/future spouse. 

However, there's a requirement when it comes to the K-1 visa, that you've had to have met in person in the past two years.

With the pandemic, I haven't been able to travel to see them since March of 2019, almost three years. I planned to go in 2020 but our plans had to be cancelled due to border closures.

So, my question is, when applying for a K-1 visa, are they taking the pandemic into consideration, or would I have to first visit them again before they start the application process?

 

Thanks in advance for your answers!

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You have to visit.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

~ Moved from COVID-19 forum to K1 Process as the question is primarily about filing requirements ~

 

37 minutes ago, Andy Longpré said:

So, my question is, when applying for a K-1 visa, are they taking the pandemic into consideration, or would I have to first visit them again before they start the application process?

USCIS doesn’t see the pandemic as an excuse for not fulfilling the most crucial requirement for filing a fiancé petition. Moreover, Canada-US borders are open and you/your fiancé are free to visit each other anytime. 
 

 

Edited by powerpuff

 

 

Filed: AOS (apr) Country: Brazil
Timeline
Posted
On 1/17/2022 at 5:14 PM, Andy Longpré said:

Hello! I'm brand new here, and plan to move to the United States from Canada to live with my fiancé/future spouse. 

However, there's a requirement when it comes to the K-1 visa, that you've had to have met in person in the past two years.

With the pandemic, I haven't been able to travel to see them since March of 2019, almost three years. I planned to go in 2020 but our plans had to be cancelled due to border closures.

So, my question is, when applying for a K-1 visa, are they taking the pandemic into consideration, or would I have to first visit them again before they start the application process?

 

Thanks in advance for your answers!

 

The other option is for them to visit you in Canada, and then the two of you get married in Canada. You can then apply for a CR1 visa, which will give you a green card on arrival and greatly reduce the paperwork when you are in the US and you will be able to work immediately upon arrival. While they're there, you should introduce them to your family if possible, though not a requirement.

 

I did a K-1 visa because I did not have much of a choice because we were engaged after the US/Canadian border closure in March 2020 which lasted until August 2021.

 

My lawyer advised me the K-1 would take 6-8 months. He grossly underestimated. My K-1 will end up taking about 21-22 months. After almost 2 years of frustrating bureaucracy, another 2-4 years of bureaucracy awaits us on after our arrival to the US and my fiancé won't be able to work immediately. A CR1 avoids these headaches! A K-1 doubles the work.

 

The CR1 (married < 2 years) can take approximately 2 years or more at which point it is possible to convert it to the better IR1 visa (married >= 2 years) and get a 10 year green card on arrival.

 

 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...