Current K-1 visa processing times

[Edojrey 0]

Hello everyone, 

I am a US citizen living in Canada with my Japanese partner. We are both here on Temporary work visas but plan to leave in a year or so. Could I file for a K-1 visa for my partner in Canada? Or would she have to wait in Japan for the Visa? 

[powerpuff 6,677]

5 minutes ago, Edojrey said:

Could I file for a K-1 visa for my partner in Canada?

Yes, you can.

[Edojrey 0]

55 minutes ago, powerpuff said:

Yes, you can.

Thank you! I tried searching on the government website but all it says is “to wait for the appointment in the country that you live in”. Would you have a reference or link that I could look into? 

[OldUser 6,604]

10 minutes ago, Edojrey said:

Thank you! I tried searching on the government website but all it says is “to wait for the appointment in the country that you live in”. Would you have a reference or link that I could look into? 

US citizen petitioner can file K-1 from anywhere. However, he or she should establish domicile at some point during the process, so there is proof during fiancé's visa interview.

 

Here's overview of process:

 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

[SteveInBostonI130 3,432]

19 hours ago, Edojrey said:

Thank you! I tried searching on the government website but all it says is “to wait for the appointment in the country that you live in”. Would you have a reference or link that I could look into? 

 

Yes, apply in the country you are living in.  It does not stay Country of Citizenship.  You are now living in Canada.  Hence, apply for the Canadian Consulate. 

[Edojrey 0]

On 10/11/2024 at 12:52 AM, OldUser said:

US citizen petitioner can file K-1 from anywhere. However, he or she should establish domicile at some point during the process, so there is proof during fiancé's visa interview.

 

Here's overview of process:

 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

 

On 10/11/2024 at 12:52 AM, OldUser said:

US citizen petitioner can file K-1 from anywhere. However, he or she should establish domicile at some point during the process, so there is proof during fiancé's visa interview.

 

Here's overview of process:

 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

Thank you! Since our visa work visas are good till next December seems we should get the ball rolling on filling for the k-1 visa. Appreciate the reference and link, it was helpful 

[Edojrey 0]

6 hours ago, SteveInBostonI130 said:

 

Yes, apply in the country you are living in.  It does not stay Country of Citizenship.  You are now living in Canada.  Hence, apply for the Canadian Consulate. 

Thank you! Yeah, after a bit more research I found out that I can file for the visa here in Canada

[Edojrey 0]

Hello everyone! 
just wondering about how long is the entire process taking for k-1 visas at the moment? While I understand that everyones process is different and times will vary, Reason I’m curious is because we recently talked to 2 different lawyers and one says the current wait times in the Dallas area are around 8-10months, and would be faster to do k-1 visa route than marriage first and doing spouse visa because that route would take about 1.5-2 years. On the other hand, another lawyer told us that both processes are taking about 1.5-2yrs right now, with k— visa taking a bit longer. For reference, I am a U.S citizen and my fiancée is from Japan. We both currently live together in Canada on work visas but our work visas will expire in about a year. Thank you everyone 

[Crazy Cat 41,809]

Being in the Dallas area is irrelevant.  K-1 approval times have nothing to do with geographical area in the US.  

As reported by other VJ members, the average K-1 is taking about 350 days, while a CR-1 is taking, on average per VJ members about 595 days.  As you are living together, I assume you have considered both the Fiance visa and the spousal visa.  There is also the possibility of a direct filing with the consulate (DCF) for married couples with exceptional circumstances.

 

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Crazy Cat 41,809]

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