K1 visa question - engagement

[TarynL 1]

Hello! 

So my boyfriend and I are wanting to start the K1 visa process soon! First I'll give you guys some background! 

I am the American girlfriend, about to turn 21 years old. My boyfriend is from Brazil and about to turn 23 years old.

I did a foreign exchange in Brazil my junior year of high school (2013-2014) and that is where I met my boyfriend! He was actually my host brother in the third host family I stayed with. So I arrived in July for my exchange, we hungout quite a bit and immediately had a connection. By October of my exchange we were dating. 

So we will be together for four years soon, having visited each other several times already. This is my fifth time in Brazil and he has visited me three or four times also. I am actually in Brazil right now staying with him for my summer vacation. I return to the USA in about two weeks, the next time I see my boyfriend will be when he visits me in December to spend Christmas with my family and I. 

So here is the question/dilemma I have!

We recently decided on going forward with the K1 visa, and so we are not engaged yet. However, we already discussed how we have wedding plans and my boyfriend is in fact going to propose to me in December when he comes, we are already looking at rings. We kind of made that the plan, so I know it's coming but the exact day will be a surprise to me! We are also going to take a trip together to Canada for New Years to spend with his former host family (he had done exchange in Canada). 

I am in my junior year of college right now, and we would really like to try for the wedding date of next summer (2018) somewhere like June-August. I know visa times vary a lot, but usually can take up to 6-7 months which I have seen before where they go through much quicker. So if we are aiming for that date, the ideal thing would to have the I-129F sent in by like September or October, correct? We are debating back and forth on whether I should assemble it all myself or if we should use Fred Wahl the visacoach. So the big question is would that be a big problem to send the 129 form in before the actual engagement even though we know for sure it'll be in December? Just because we are trying to stay in that timeline since I will still have my senior year of college to finish come August, so I'd like to have the summer wedding. I would love to include the pictures of him with my family at Christmas (this is the third time he spent it with us) and our trip to Canada and the actual engagement, but I'm worried about the timeline. Any advice about anything is much appreciated! 

Thanks guys! 

 

Edited August 7, 2017 by TarynL

[GreatDane 366]

22 minutes ago, TarynL said:

Hello! 

So my boyfriend and I are wanting to start the K1 visa process soon! First I'll give you guys some background! 

I am the American girlfriend, about to turn 21 years old. My boyfriend is from Brazil and about to turn 23 years old.

I did a foreign exchange in Brazil my junior year of high school (2013-2014) and that is where I met my boyfriend! He was actually my host brother in the third host family I stayed with. So I arrived in July for my exchange, we hungout quite a bit and immediately had a connection. By October of my exchange we were dating. 

So we will be together for four years soon, having visited each other several times already. This is my fifth time in Brazil and he has visited me three or four times also. I am actually in Brazil right now staying with him for my summer vacation. I return to the USA in about two weeks, the next time I see my boyfriend will be when he visits me in December to spend Christmas with my family and I. 

So here is the question/dilemma I have!

We recently decided on going forward with the K1 visa, and so we are not engaged yet. However, we already discussed how we have wedding plans and my boyfriend is in fact going to propose to me in December when he comes, we are already looking at rings. We kind of made that the plan, so I know it's coming but the exact day will be a surprise to me! We are also going to take a trip together to Canada for New Years to spend with his former host family (he had done exchange in Canada). 

I am in my junior year of college right now, and we would really like to try for the wedding date of next summer (2018) somewhere like June-August. I know visa times vary a lot, but usually can take up to 6-7 months which I have seen before where they go through much quicker. So if we are aiming for that date, the ideal thing would to have the I-129F sent in by like September or October, correct? We are debating back and forth on whether I should assemble it all myself or if we should use Fred Wahl the visacoach. So the big question is would that be a big problem to send the 129 form in before the actual engagement even though we know for sure it'll be in December? Just because we are trying to stay in that timeline since I will still have my senior year of college to finish come August, so I'd like to have the summer wedding. I would love to include the pictures of him with my family at Christmas (this is the third time he spent it with us) and our trip to Canada and the actual engagement, but I'm worried about the timeline. Any advice about anything is much appreciated! 

Thanks guys! 

 

In order to send a K1, you need to have signed letters of intent. The proposal itself is secondary meaning you can send it before a formal proposal. The most important is that you've talked and agree to move forward and marry within 90 days of entry. 

As with others here, I wouldn't recommend planning anything formally in terms of the wedding. Visas vary in how long they take and it could mean kissing your deposits goodbye, as well as disappointing anyone who has spent money to travel to the non-wedding. That being said, he has 6 months to enter the country. If you apply earlier, you should be set but it's always better to plan something only after the visa has been issued.

Also, the process it a bit of a hassle, but I did it myself while in school. It does take time but a lawyer would require you to find all the paperwork anyways - they would just put it in order and send it. You can do it yourself and if you have questions, make sure to ask the VJ community. 

As a soon to be college grad, you are aware that your SO wouldn't be able to work for 3-6 months while the paperwork finishes? I'm sure you know but I wanted to double check since it is a tough time for most couples. 

[Scandi 3,970]

There's no requirement that you need to be "formally" and "officially" engaged, you just need to have the intent to marry each other within 90 day of his arrival in the US. So send your petition when you feel you're ready. 

Just weight the pros and cons before you file. I did a K-1 and if I had to do it all over again today I would've chosen the CR-1 for instance. Just make sure you do what's best for the two of you.

[TarynL 1]

6 minutes ago, GreatDane said:

In order to send a K1, you need to have signed letters of intent. The proposal itself is secondary meaning you can send it before a formal proposal. The most important is that you've talked and agree to move forward and marry within 90 days of entry. 

As with others here, I wouldn't recommend planning anything formally in terms of the wedding. Visas vary in how long they take and it could mean kissing your deposits goodbye, as well as disappointing anyone who has spent money to travel to the non-wedding. That being said, he has 6 months to enter the country. If you apply earlier, you should be set but it's always better to plan something only after the visa has been issued.

Also, the process it a bit of a hassle, but I did it myself while in school. It does take time but a lawyer would require you to find all the paperwork anyways - they would just put it in order and send it. You can do it yourself and if you have questions, make sure to ask the VJ community. 

As a soon to be college grad, you are aware that your SO wouldn't be able to work for 3-6 months while the paperwork finishes? I'm sure you know but I wanted to double check since it is a tough time for most couples. 

Ok! I just hope that they wouldn't ask for more proof that we are planning on getting married, even though we will have sent the letters of intent. 

And yeah we are definitely waiting to really actually plan until the visa is pretty much all approved. 

Another random question - do I need to send in the beneficiary's birth certificate also in the I-129F? And if so, does it need to be translated into english do you  know?

And yes I do know he won't be able to work those first few months, it'll definitely be tougher times! But thank you!  

[Coco8 1,039]

If have already decided to get married and do a K1, you are already engaged. This is not the 1950s. I think people have seen too many movies sponsored by Tiffany.

 

38 minutes ago, TarynL said:

So if we are aiming for that date, the ideal thing would to have the I-129F sent in by like September or October, correct? We are debating back and forth on whether I should assemble it all myself or if we should use Fred Wahl the visacoach.

 

It is better to send the petition as soon as possible. You can then move your medical+interview date to whatever you want once it is at the consulate stage. Plus, you also have to take into consideration that sometimes they take a while to get your passport back (I doubt you'll have that issue, but you never know). In addition, you will have 6 months to use the K1 and enter the US (it is counted from the date you did your medical, so be careful with having too much time between medical and interview).

 

Better to do everything early if you really want to plan a big wedding.

 

 

 

[GreatDane 366]

 

2 minutes ago, TarynL said:

Ok! I just hope that they wouldn't ask for more proof that we are planning on getting married, even though we will have sent the letters of intent. 

And yeah we are definitely waiting to really actually plan until the visa is pretty much all approved. 

Another random question - do I need to send in the beneficiary's birth certificate also in the I-129F? And if so, does it need to be translated into english do you  know?

And yes I do know he won't be able to work those first few months, it'll definitely be tougher times! But thank you!  

We didn't have any additional asks surrounding our intent to get married. At the interview, they asked 'are you planning to' and basic plans but we opted for a courthouse and followed up with a wedding later. At AOS, we didn't have rings and they asked but it was preference/cultural - we have rings now.

No, it's not necessary to have a birth certificate of the beneficent. We did end up submitting ours, just in case, but luckily it was already in Danish/English. All documents in any other language must be translated, if you have any in Portuguese. 

[GreatDane 366]

3 minutes ago, Coco8 said:

If have already decided to get married and do a K1, you are already engaged. This is not the 1950s. I think people have seen too many movies sponsored by Tiffany.

 

 

I love this quote!!! 

It's so true.

[TarynL 1]

8 minutes ago, GreatDane said:

 

We didn't have any additional asks surrounding our intent to get married. At the interview, they asked 'are you planning to' and basic plans but we opted for a courthouse and followed up with a wedding later. At AOS, we didn't have rings and they asked but it was preference/cultural - we have rings now.

No, it's not necessary to have a birth certificate of the beneficent. We did end up submitting ours, just in case, but luckily it was already in Danish/English. All documents in any other language must be translated, if you have any in Portuguese. 

Thank you so much! 

[TarynL 1]

12 minutes ago, Coco8 said:

If have already decided to get married and do a K1, you are already engaged. This is not the 1950s. I think people have seen too many movies sponsored by Tiffany.

 

It is better to send the petition as soon as possible. You can then move your medical+interview date to whatever you want once it is at the consulate stage. Plus, you also have to take into consideration that sometimes they take a while to get your passport back (I doubt you'll have that issue, but you never know). In addition, you will have 6 months to use the K1 and enter the US (it is counted from the date you did your medical, so be careful with having too much time between medical and interview).

 

Better to do everything early if you really want to plan a big wedding.

 

 

 

Thanks for the advice! Hahahah

Edited August 8, 2017 by TarynL

[geowrian 22,335]

I agree with all of the above (especially the Tiffany's remark). No formal engagement is needed. No ring is needed. As long as you both intend to get married, you are engaged.

Edited August 8, 2017 by geowrian

[JFH 12,189]

*~*~*moved from "IMBRA" to "K-1 fiance visa processes and procedures" - not an IMBRA topic*~*~*

[tanderson64 201]

Review this link for all the K1 I-129 petition requirements.

 

You need to meet minimum income requirements.  You may need to find a co-sponsor.

[geowrian 22,335]

23 minutes ago, danielharris627 said:

Out of interest, as I am considering a K1 visa, why would you choose a CR-1 over K-1? Thanks.

A CR-1 is superior to a K-1 in every way except it takes longer to obtain. K-1: 6-8 months on average. CR-1: 12-14 months on average.

 

K-1 is more expensive, doesn't grant a green card on entry, doesn't allow you to work (or travel abroad) for at least 4+ months after entry, and has to go through AOS. If something happens and you divorce before AOS completes, you're SOL and have to leave the US (barring rare exceptions like VAWA and Matter of Sesay).