K1 VISA for Fiancee with Loan Debt? (merged)

[MarJhi 928]

1 hour ago, Fiance1 said:

My fiancee seems convinced the process could be as short as 6 months.

Pre-pandemic she would have been correct. I saw timelines from before the pandemic and start to finish was in as little as 4 months in some cases. Maybe she knew someone who got that quick of a result several years back?

 

You should create a timeline on here and it will give you an estimate based on what other VisaJourney users are experiencing.

[RO_AH 1,656]

2 hours ago, Fiance1 said:

My fiancee seems convinced the process could be as short as 6 months

Yeah that's not going to happen....

[RO_AH 1,656]

2 hours ago, Fiance1 said:

I'm wondering if my fiancee from the philippines will be allowed to come here on a K1 VISA if she has loan debt. She has a motorcycle she's still paying off, a home credit loan, and two personal loans. Will she be required to pay off all of her loans before she will be allowed to come to America on a K1 VISA?

 

It would be easier for her to earn income here in America to pay those loans off, but I'm unclear on the rules for people in the Philippines exiting their country on a K1 VISA.

I would be more concerned with someone having so much debt in the first place. But no, she is not required to pay it off before leaving. I do have a good idea who will be paying it off.

[SalishSea 17,510]

2 hours ago, IWander said:

Might be 6 months to get through the USCIS but that is only half the process as the embassy is backed up due to COVID-19. 

No.  Current petition processing time is 15 months.

[SalishSea 17,510]

2 hours ago, Fiance1 said:

What's the latest on how long the entire process takes from start to finish? Last I heard everything was so backed up, most K1 VISAs are taking 2+ years. Is that only the case for filers from certain US states, or is it the case regardless of where the US Citizen filer is residing in the US? My fiancee seems convinced the process could be as short as 6 months. I'm skeptical though based on my Google search results...

LOL, where is your fiancee getting her info from?  Even in 2018, our process from mailing the petition until marriage was 10.5 months, and that was lightning fast.

 

It will take at least two years.  You might consider getting married and doing a CR-1 instead.  It takes just as long, but it is a much better visa and doesn't require adjustment of status.  I would choose that over a K-1 if doing it now.

[MUHIRWA&JEANETTE 0]

Ours, We're on 10 Months and still counting 

[Ryan H 3,810]

***Duplicate threads merged.  Please do not start multiple threads on the same subject.***

[Mick Jones 14]

8 hours ago, Fiance1 said:

I'm wondering if my fiancee from the philippines will be allowed to come here on a K1 VISA if she has loan debt. She has a motorcycle she's still paying off, a home credit loan, and two personal loans. Will she be required to pay off all of her loans before she will be allowed to come to America on a K1 VISA?

 

It would be easier for her to earn income here in America to pay those loans off, but I'm unclear on the rules for people in the Philippines exiting their country on a K1 VISA.

If she owes money she is fine for the most part.

 

If they have a court order against for owing money and it would have to be a criminal case not a civil case. Then it's possible she could have a hold departue order.  

 

I believe she can go to BI and check her status, sounds like to me she is fine to depart.  

[JeanneAdil 6,400]

some are waiting almost a year for the AOS to process after marriage

how will she pay off these debts if she can not work 

 

Sell the motorcycle

sell the house / she's wanting to live in US so you don't ,  at this time ,  need a home in her country

if later on u guys want one and her EAD card has come,  then buy one

 

pay off what can be paid /  limit the liability back in her country

[Crazy Cat 41,299]

10 hours ago, Fiance1 said:

What's the latest on how long the entire process takes from start to finish? Last I heard everything was so backed up, most K1 VISAs are taking 2+ years. Is that only the case for filers from certain US states, or is it the case regardless of where the US Citizen filer is residing in the US? My fiancee seems convinced the process could be as short as 6 months. I'm skeptical though based on my Google search results...

The wait will be similar to the processing times for a CR-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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

[Fiance1 4]

1 hour ago, JeanneAdil said:

some are waiting almost a year for the AOS to process after marriage

how will she pay off these debts if she can not work 

 

Sell the motorcycle

sell the house / she's wanting to live in US so you don't ,  at this time ,  need a home in her country

if later on u guys want one and her EAD card has come,  then buy one

 

pay off what can be paid /  limit the liability back in her country

I would have to pay her debts for her, but I'm not comfortable doing that until after she gets here.

[Sarge2155 4,584]

12 hours ago, Fiance1 said:

I'm wondering if my fiancee from the philippines will be allowed to come here on a K1 VISA if she has loan debt. She has a motorcycle she's still paying off, a home credit loan, and two personal loans. Will she be required to pay off all of her loans before she will be allowed to come to America on a K1 VISA?

 

It would be easier for her to earn income here in America to pay those loans off, but I'm unclear on the rules for people in the Philippines exiting their country on a K1 VISA.

Under Philippine law a person can file a case for almost anything. Having said that if her creditor's get wind of her leaving or trying to leave the Philippines they can file a court claim for monies owed. After that it will go on her NBI which she will need during the interview phase of the K1. The IO will see she has some sort of unfavorable actions on her NBI and they will tell her she has to clear it up before her passport will be issued. I'm speaking from experience. So bottom line is yes it could hurt her chances if on her NBI report and if it is not cleared up!

[Mick Jones 14]

1 hour ago, JeanneAdil said:

some are waiting almost a year for the AOS to process after marriage

how will she pay off these debts if she can not work 

 

Sell the motorcycle

sell the house / she's wanting to live in US so you don't ,  at this time ,  need a home in her country

if later on u guys want one and her EAD card has come,  then buy one

 

pay off what can be paid /  limit the liability back in her country

Silly to pay off house in Philippines, and try to buy in future due to Prices go up almost daily on both lots and houses

 

US Citizens are not allowed to own land in Philippines

 

Motorcycles are very cheap in the Philippines very cheap, payment are silly low.

[Sarge2155 4,584]

6 minutes ago, Mick Jones said:

Silly to pay off house in Philippines, and try to buy in future due to Prices go up almost daily on both lots and houses

 

US Citizens are not allowed to own land in Philippines

 

Motorcycles are very cheap in the Philippines very cheap, payment are silly low.

Non Philipino citizens can not own land not just US citizens. Once you become a Philipino citizen you are no longer restricted. But you are right, I would not even attempt to buy property there i.e., house you own the house but not the land. But lots of expats have and do as it works for them!

[Mick Jones 14]

8 minutes ago, Sarge2155 said:

Under Philippine law a person can file a case for almost anything. Having said that if her creditor's get wind of her leaving or trying to leave the Philippines they can file a court claim for monies owed. After that it will go on her NBI which she will need during the interview phase of the K1. The IO will see she has some sort of unfavorable actions on her NBI and they will tell her she has to clear it up before her passport will be issued. I'm speaking from experience. So bottom line is yes it could hurt her chances if on her NBI report and if it is not cleared up!

There are two kind of cases filed for debt either criminal or civil.  These would be civil. Criminal would be for bounced checked, Swindle/Fruad cases.

 

Hold departures don't happen on civil cases.