Fiancee Cannot Visit USA

[Kiana & Katarina 192]

Does anyone else have this situation?:

 

Basically, my fiancee lives in a country where it is EXTREMELY hard to get any kind of visa to the USA. Therefore she cannot meet my family or we cannot visit my home until our K-1 visa is in our hands in order to get married. I have to live with her in her country because it's basically physically impossible for her to get into the USA. I just wanted to know if anyone else is/has been in this situation. It really sucks that we cannot simply visit my home together for her to see where I'm from, meet my parents, etc and have to wait ridiculously long just for our NOA2. So frustrating!!

[Dashinka 24,581]

This is not uncommon.  My now wife applied twice for a B2 to come and visit and get a feel for everything and was denied both times.  We proceeded with the K1 and I did everything I could to introduce her to me family and her future new home via video chats, etc.  We chatted daily even when I was traveling for work, and I went three times to visit with her.  For us everything was smooth when she eventually came over on the K1 visa and she has adjusted extremely well.

 

I am curious, if you plan to live with your fiancé in their home country, why not get married and file for a spousal visa?

 

Good Luck!

[Kiana & Katarina 192]

3 minutes ago, Dashinka said:

This is not uncommon.  My now wife applied twice for a B2 to come and visit and get a feel for everything and was denied both times.  We proceeded with the K1 and I did everything I could to introduce her to me family and her future new home via video chats, etc.  We chatted daily even when I was traveling for work, and I went three times to visit with her.  For us everything was smooth when she eventually came over on the K1 visa and she has adjusted extremely well.

 

I am curious, if you plan to live with your fiancé in their home country, why not get married and file for a spousal visa?

 

Good Luck!

We are a lesbian couple and it is illegal for same-sex couples to get married in her country. Thank you!

Edited January 31, 2022 by katiana

[Mike E 11,740]

7 minutes ago, katiana said:

Does anyone else have this situation?:

 

Basically, my fiancee lives in a country where it is EXTREMELY hard to get any kind of visa to the USA. Therefore she cannot meet my family or we cannot visit my home until our K-1 visa is in our hands in order to get married. I have to live with her in her country because it's basically physically impossible for her to get into the USA. I just wanted to know if anyone else is/has been in this situation. It really sucks that we cannot simply visit my home together for her to see where I'm from, meet my parents, etc and have to wait ridiculously long just for our NOA2. So frustrating!!

I’d say double percentages of K-1 couples were in that situation. 
 

Unless  one is from a visa waiver / exempt / free movement country (which represents a minority of the work’s population, under a billion I think) one needs a visa, and visitor visas are people with a romantic partner who is a USA citizen are usually denied. 

[Mike E 11,740]

1 minute ago, katiana said:

We are a lesbian couple and it is illegal for same-sex couples to get married in her country.

Utah zoom marriage then. The marriage legally takes place in the state of Utah while the two brides get married over a video call, preferably early in the same physical location.  

[Kiana & Katarina 192]

6 minutes ago, Mike E said:

Utah zoom marriage then. The marriage legally takes place in the state of Utah while the two brides get married over a video call, preferably early in the same physical location.  

I had no idea this existed. However we've already submitted our i-129f so maybe a bit too late for that. Thank you for the advice! 

[Dashinka 24,581]

11 minutes ago, katiana said:

I had no idea this existed. However we've already submitted our i-129f so maybe a bit too late for that. Thank you for the advice! 

Still worth looking at even at this stage.  One of the biggest failures with the K1 is after the fiancé enters the US, marries and files for adjustment of status, there is a long wait (8+ months) to get the EAD and AP which can complicate the now spouse's adjustment to living in a new country almost completely dependent on their USC spouse.  I agree, the K1 was still the best course for same sex couples where the foreign fiancé lived in a country that does not allow them to legally marry, but now with the Zoom Utah wedding being accepted as valid as long as there is a subsequent in person meeting prior to filing the I130 petition this becomes an option for everyone.  K1's used to be processed very quickly which is one of the reasons they were still popular, but Covid closures at consulates have backed up that benefit quite a bit.

 

Anyway, Good Luck!

Edited January 31, 2022 by Dashinka

[Kiana & Katarina 192]

3 minutes ago, Dashinka said:

Still worth looking at even at this stage.  One of the biggest failures with the K1 is after the fiancé enters the US, marries and files for adjustment of status, there is a long wait (8+ months) to get the EAD and AP which can complicate the now spouse's adjustment to living in a new country almost completely dependent on their USC spouse.  I agree, the K1 was still the best course for same sex couples where the foreign fiancé lived in a country that does not allow them to legally marry, but now with the Zoom Utah wedding being accepted as valid as long as there is a subsequent in person meeting prior to filing the I130 petition.  K1's used to be processed very quickly which is one of the reasons they were still popular, but Covid closures at consulates have backed up that benefit quite a bit.

 

Anyway, Good Luck!

Thanks for the info, really appreciate it. I will look more into the Utah Zoom wedding.

[Mike E 11,740]

1 hour ago, katiana said:

I had no idea this existed. However we've already submitted our i-129f so maybe a bit too late for that. Thank you for the advice! 
 

Don’t fall for the sunk cost fallacy.   If getting married is what you want to do now then do it. An immigration visa is superior to a fiancée visa.  

[CMJuilland 485]

I would second what everybody else said regarding the drawbacks of the K1.  Waiting times were way better back when we did it, and I thought that was bad. 

 

If the Utah Zoom wedding is not an option (for whatever reason), most EU countries (as well as my former home country of Switzerland) allow same-sex marriages or at least civil unions that would count for immigration purposes.  As far as I know, Serbian citizens don’t need a visa for these countries for up to 90 days.  

 

Good luck to both of you! 

Edited January 31, 2022 by CMJuilland

[Rocio0010 5,579]

1 hour ago, katiana said:

Thanks for the info, really appreciate it. I will look more into the Utah Zoom wedding.

First of all, so sorry that your spouse lives in a country where they don't understand that love is love no matter what. I'm really sorry. Now, on to your situation, I would seriously consider the CR1. Currently the wait times are the same than for a K1, and it does have many advantages. The biggest one is that your spouse will be available to work and travel abroad immediately upon entrance. As others have said, you can do a Utah Zoom marriage and go from there!

[Kiana & Katarina 192]

21 minutes ago, Rocio0010 said:

First of all, so sorry that your spouse lives in a country where they don't understand that love is love no matter what. I'm really sorry. Now, on to your situation, I would seriously consider the CR1. Currently the wait times are the same than for a K1, and it does have many advantages. The biggest one is that your spouse will be available to work and travel abroad immediately upon entrance. As others have said, you can do a Utah Zoom marriage and go from there!

This has all been so helpful! Thank you very much. But, what if we already submitted the i-129f? what would happen if we sent it and ended up getting married in the meantime? 

[Rocio0010 5,579]

2 minutes ago, katiana said:

This has all been so helpful! Thank you very much. But, what if we already submitted the i-129f? what would happen if we sent it and ended up getting married in the meantime? 

I think (don't quote me on this) that once you submit your CR1 and get your NOA, you can withdraw your i-129f with a simple letter.

[IWander 589]

2 minutes ago, Rocio0010 said:

I think (don't quote me on this) that once you submit your CR1 and get your NOA, you can withdraw your i-129f with a simple letter.

You can withdraw at any time with a simple letter.  Don't have to wait if you so choose.

[Dashinka 24,581]

4 minutes ago, katiana said:

This has all been so helpful! Thank you very much. But, what if we already submitted the i-129f? what would happen if we sent it and ended up getting married in the meantime? 

If you end up getting married while the I129F is processing then you have no choice but to withdraw it and file for a spousal visa as you would no longer qualify for a fiancé visa.  Here is a helpful site outlining the way you would pull the I129F.

 

Good Luck!

 

https://www.visatutor.com/i-129f-fiance-visa-case-proper-steps-to-cancel-or-withdraw-petition/