Go abroad while you are processing your K1 Visa

[alex1416 0]

Hi guys, I am peruvian and my fiance and I filed our K1 petition a week ago. I have been living and working in Spain (where I met my fiance) the last three years. However, we decided in the first instance that we wanted to go to Peru, but at the end we decided to start our lifes in USA. Now, I received a really good job offer in Spain. But, as I was reading the process just takes in average 6 to 7 months. So, going back to Spain for this short time is kind of crazy. My question is how long can you delay the K1 visa process (assuming that we will get approved)? Thanks a lot for your help.

[geowrian 22,335]

It's closer to 7-9 months right now. But you can delay the process considerably if needed. There's no requirement to go as fast as possible. The I-129F, once approved (~5 months), will be valid for 4 months initially. You can contact the embassy to renew it for you as well. Typically they will renew it for up to a year.

 

The visa itself (once issued) is valid for 6 months from the medical or the interview....whichever is sooner.

[alex1416 0]

11 minutes ago, geowrian said:

It's closer to 7-9 months right now. But you can delay the process considerably if needed. There's no requirement to go as fast as possible. The I-129F, once approved (~5 months), will be valid for 4 months initially. You can contact the embassy to renew it for you as well. Typically they will renew it for up to a year.

 

The visa itself (once issued) is valid for 6 months from the medical or the interview....whichever is sooner.

Thanks so much for your reply. So, contacting the embassy for a renew, once the I-129F is approved, is a difficult procedure? I mean, with a letter will be enough? are there high chances to get denied? Our fear is to go through all of this process for nothing. And in the worst case, if we get denied the renew, we will need to apply again for the fiance visa right? And in this situation this will go against our case? Again, thank you for your time and support. We really appreciate it.

Edited October 17, 2017 by alex1416

[geowrian 22,335]

46 minutes ago, alex1416 said:

Thanks so much for your reply. So, contacting the embassy for a renew, once the I-129F is approved, is a difficult procedure? I mean, with a letter will be enough? are there high chances to get denied? Our fear is to go through all of this process for nothing. And in the worst case, if we get denied the renew, we will need to apply again for the fiance visa right? And in this situation this will go against our case? Again, thank you for your time and support. We really appreciate it.

Many embassies will renew it automatically so long as there is progress on the case. But asking them to renew is fine as well. No guarantees they will accommodate the request, but I've only seen a small number of cases where the embassy refused to extend the renewal or schedule the interview at a later date (assuming it's an embassy that schedules it for you...not one where you pick the date).

 

The process is just to ask the embassy...some take phone calls and others will require an email or a letter. Delaying the process is not a cause for denial. They may ask what happened, but if there's a good reason then I don't foresee an issue (especially if you're spending time together).

 

If the renewal is denied, then you will need to proceed with the case or let the petition expire. If it does expire, then you need to start over. But again, shouldn't happen if you are planning to come within about a year and half or so (7-9 months for NOA2, 4 months validity on it, up to 6 months on the visa itself).

Edited October 17, 2017 by geowrian

[DrEllaNJ 288]

something you may want to consider: if you're sure that you eventually want to get married, it may be easier to do that now, and file a spousal visa (CR1/IR1)? It takes longer, which most people consider a disadvantage but won't matter in your case. The advantage is that it's much cheaper, and you are a permanent resident the moment you arrive in the US - which means you can start working right away.

[geowrian 22,335]

13 minutes ago, DrEllaNJ said:

something you may want to consider: if you're sure that you eventually want to get married, it may be easier to do that now, and file a spousal visa (CR1/IR1)? It takes longer, which most people consider a disadvantage but won't matter in your case. The advantage is that it's much cheaper, and you are a permanent resident the moment you arrive in the US - which means you can start working right away.

Good point...that path may be better suited to the OP.

 

Although the total cost is roughly the same at this point since the $535 fee was already sent. But the total timeline to get the green card is certainly quicker.

Edited October 17, 2017 by geowrian

[DrEllaNJ 288]

38 minutes ago, geowrian said:

Although the total cost is roughly the same at this point since the $535 fee was already sent. But the total timeline to get the green card is certainly quicker.

I missed that part. But AOS (which they'd have to do after K1) costs $1225, so if they can avoid that, that'd certainly save them almost $700 (e.g., a round-trip ticket to Spain from NYC during the off-season...)

[geowrian 22,335]

3 minutes ago, DrEllaNJ said:

I missed that part. But AOS (which they'd have to do after K1) costs $1225, so if they can avoid that, that'd certainly save them almost $700 (e.g., a round-trip ticket to Spain from NYC during the off-season...)

Yup. K-1 + AOS is about $2025 + medical + paperwork. CR-1 is $1200 (counting the Immigrant Fee) + medical + paperwork. This makes the CR-1 path $825 cheaper overall, but with $535 already paid that drops to only $290 cheaper. But hey, $290 still can get a nice place or some good food on that trip.

[DrEllaNJ 288]

4 minutes ago, geowrian said:

Yup. K-1 + AOS is about $2025 + medical + paperwork. CR-1 is $1200 (counting the Immigrant Fee) + medical + paperwork. This makes the CR-1 path $825 cheaper overall, but with $535 already paid that drops to only $290 cheaper. But hey, $290 still can get a nice place or some good food on that trip.

yet other fees I didn't know about... alright OP,  sorry I thought it was cheaper than it was, although CR-1 is still cheaper than the K1 route, and the advantage upon entry still stands.

[alex1416 0]

5 hours ago, geowrian said:

Yup. K-1 + AOS is about $2025 + medical + paperwork. CR-1 is $1200 (counting the Immigrant Fee) + medical + paperwork. This makes the CR-1 path $825 cheaper overall, but with $535 already paid that drops to only $290 cheaper. But hey, $290 still can get a nice place or some good food on that trip.

Thanks a lot guys. I did not think about the CR-1 visa, I wish I could have contacted you guys before. So, now that we have already filed the K1 petition, the CR-1 visa is out of the question right? I have read a little brief of the CR-1 visa, but in your knowledge can you tell me the pro/cons of each sort of visa? I guess, if we desestimate the K1 process, we can apply to the CR-1 visa, but this would go against us? We do not have any problems by getting married soon. Thanks again. 

Edited October 18, 2017 by alex1416

[Unlockable 7,306]

5 hours ago, alex1416 said:

Thanks a lot guys. I did not think about the CR-1 visa, I wish I could have contacted you guys before. So, now that we have already filed the K1 petition, the CR-1 visa is out of the question right? I have read a little brief of the CR-1 visa, but in your knowledge can you tell me the pro/cons of each sort of visa? I guess, if we desestimate the K1 process, we can apply to the CR-1 visa, but this would go against us? We do not have any problems by getting married soon. Thanks again. 

 

You can cancel the K1, get married, and file for a CR1. Many have done it.

 

The pros and cons between each visa has been discussed many times here. 

http://www.visajourney.com/content/compare

 

As mentioned, the K1 visa has less benefits. The only advantage is that the immigrant enters the US faster. But then they are restricted on what they can do while here. IR/CR1 offers the immigrant the ability to work, travel, drive immediately upon entry. And as you saw, is much less expensive.

[alex1416 0]

9 hours ago, NuestraUnion said:

 

You can cancel the K1, get married, and file for a CR1. Many have done it.

 

The pros and cons between each visa has been discussed many times here. 

http://www.visajourney.com/content/compare

 

As mentioned, the K1 visa has less benefits. The only advantage is that the immigrant enters the US faster. But then they are restricted on what they can do while here. IR/CR1 offers the immigrant the ability to work, travel, drive immediately upon entry. And as you saw, is much less expensive.

Thanks for your reply. I think the CR1 fits better for us. In that case we just need to decline the K1 petition with a letter? The last question guys, I am planning to go to Spain. So, my fiance will come too and we will get married there. Since she will be living with me in Spain, can we apply for the spouse visa? Thanks for your help and time. 

[DrEllaNJ 288]

26 minutes ago, alex1416 said:

Thanks for your reply. I think the CR1 fits better for us. In that case we just need to decline the K1 petition with a letter? The last question guys, I am planning to go to Spain. So, my fiance will come too and we will get married there. Since she will be living with me in Spain, can we apply for the spouse visa? Thanks for your help and time. 

She will have to demonstrate intent to establish domicile in the US - moving agreements, not giving up driver's license/residence/voting/banking, paying taxes... She'll still need to fill out an affadavit of support for you so make enough money to support you when coming to the US (she could find a co-sponsor).

 

Find info here - https://www.nolo.com/legal-encyclopedia/strategies-applying-marriage-based-visa-if-couple-lives-abroad.html

other ppl can probably chime in on what to do to demonstrate domicile in the US

Edited October 18, 2017 by DrEllaNJ