K-1 Question regarding co-sponsorship and travel during the process

[Premi 2]

Hello friends,

My fiance and I are looking to start the K-1 process soon.

One thing that we have really been wanting to do is to travel together towards the end of the process, we think of it as a honeymoon before we get married because leaving the US would be difficult for a while from what I understand until AOS is complete.

Since we have multiple willing cosponsors, would her quitting her job for the purpose of spending time together affect the process in any way or is this something we would just have to report at a certain point?

I assume that when filing the documents at my local consulate, that is also the place I would have to interview and collect the visa from? Our goal was to travel to China for several months, but based on everything I have read this would have to be between when the visa is issued but before it expires, and I would not be able to interview together with her at a different consulate in China?

Thank you in advance!

[TBoneTX 46,210]

Welcome to the forum!  You ask good questions and have obviously read and studied here, which is great.

12 hours ago, Premi said:

a honeymoon before we get married

Good idea, and you're right about the restrictions for a long time after U.S. entry.

12 hours ago, Premi said:

would her quitting her job for the purpose of spending time together affect the process in any way

It's the petitioner who would quit?  I wouldn't recommend this; it's best to show some current income regardless of cosponsorship.  Others here might have differing opinions.

12 hours ago, Premi said:

when filing the documents at my local consulate, that is also the place I would have to interview and collect the visa from

Yes.

12 hours ago, Premi said:

(1) this would have to be between when the visa is issued but before it expires

(2) and I would not be able to interview together with her at a different consulate in China

(1) Perhaps, and (2) correct.  If you want to travel together shortly after filing the I-129F petition, there will typically be all kinds of time, because approval typically takes many months.  However, sometimes petitions are pulled from their position and are processed earlier than usual, so you would want to be flexibly alert to this possibility.

 

Whether you travel before the approved petition reaches the consulate or you travel between the visa's issuance and expiration, maybe shorten the vacation.  And, for heaven's sake, do NOT leave less than 3 days' validity on the issued visa before U.S. entry!  Flights can be delayed because of weather, mechanical reasons, civil strife, and more.  Remember, too, that the visa will be valid for 6 months from the date of the medical examination, not from the interview itself, so commit the expiration date to memory, and plan accordingly.

Edited January 28 by TBoneTX
clarity

[Premi 2]

Thank you for the very thorough response!

It's a shame about the requirement of income, as we were thinking to even live together in my country for a couple of months while waiting for the process and even attending the interview together, it's disheartening to hear that we may need to be apart longer or spend more money on multiple shorter trips but I appreciate the information.

The last part of your response is also a very important reminder and something I didn't really consider or read about, knowing when the visa expires and not risking failure after all the wait just by cutting it too close.

Thanks again!

[OldUser 7,730]

1 hour ago, Premi said:

It's a shame about the requirement of income, 

US government needs to ensure immigrant won't become a public charge. Hence income requirement.

 

1 hour ago, Premi said:

 as we were thinking to even live together in my country for a couple of months while waiting for the process 

US immigrant visas are given to reunite US citizens with their immidiate relative. If you're already united outside the US, there's no reason for DOS to give US visa. US citizen should also demonstrate domicile in the US, e.g. prove they live there.

 

1 hour ago, Premi said:

and even attending the interview together

 

This is typically a bad idea. Most of the times, consulate won't let anybody else in to the building other than foreigner seeking visa. And when they do let US citizen spouse in, there's a risk of Stokes interview. E.g. separating you and your spouse, asking same questions and comparing the answers. If the answers don't match, you're marriage legitimacy is questioned. Questions may include but not limited to color of carpet in the bedroom, spouse's third cousin full name, how spouse gets to work and many other questions that could throw off even couple living together for years.

 

Edited January 28 by OldUser

[Premi 2]

6 minutes ago, OldUser said:

This is typically a bad idea.

Not something that would have ever crossed our mind, thank you for the insight, all of the things you explained make perfect sense from the perspective of the government.

Looks like this period of waiting and missing each other might be something most couples navigating this process have to experience.

I'm glad I asked these questions and explained my reasoning, because finding this information online isn't always straightforward, I appreciate your answers as well.

[Rachel n Tyler 82]

I'm not sure exactly if every consulate does the same thing, but mine did, I had to leave my passport with them after I got approved for the K1 visa, and I didn't get it back until a week+ later. Just incase you were considering traveling right after the interview!

[TBoneTX 46,210]

I take respectful yet vehement exception to OldUser's recommendation against the petitioner's showing up at the first interview.  (The rest of his advice, as usual, is excellent.)

 

I have never heard of a Stokes interrogation being called for as part of a first interview.  It's only when a 221g is issued and fraud is suspected (or, as in my instance and that of my contemporaries, the consulate's Immigrant Visa Unit is appallingly mismanaged) that a second interview is called for, with the petitioner's mandatory attendance.  This is when a Stokes would likely occur.

 

There is no drawback when the petitioner is on the consular premises during a first interview.  The beneficiary can take the petitioner's U.S. passport to show the consul, saying, "He/she is outside, if you have questions."  This lends legitimacy to your bona fide relationship, and it enables the consul to clear up questions with the petitioner then and there, rather than issuing a 221g for desired information and engendering days or weeks of delay before the visa is granted.

 

The above is presented for your consideration.

Edited January 29 by TBoneTX