K-1 app while living with fiance out of country: expedited?

[ebe 6]

I live in Chile with my fiance and we are just starting the process of applying for his K-1 visa. He is a Chilean and Swiss citizen and I am a US citizen.

Is it true that our forms will be expedited because we are both living outside the US right now? Our ideal scenario is to move to the US one year from now and marry September 2013, which seems doable based on current timelines of around 8 months, but there are some stories here that make me nervous! Thanks for your help.

Also, according to the Chilean embassy, DCF is no longer an option here.

[Harpa Timsah 13,258]

No; this happens for I-130 petitions, not I-129F petitions. At least, that we have seen so far.

DCF was never an option for K-1 visas; I think you have been reading a different forum and thinking it applies to K-1

Edited August 22, 2012 by Harpa Timsah

[ebe 6]

Hi Harpa,

Thanks for your help! Still in the learning process here. I've just talked to the embassy here and it corresponded with what you're saying. Perhaps a good option then is to get hitched in a civil ceremony here and opt for the I-130 instead? (So he can work, drive, etc right away when we arrive).

With the timeline of 11 months and being ready to get married now, what would you all suggest at the best solution for a couple living abroad together? Fiance or Spouse route?

Thanks again for the help.

[C-ma'am 684]

Hi Harpa,

Thanks for your help! Still in the learning process here. I've just talked to the embassy here and it corresponded with what you're saying. Perhaps a good option then is to get hitched in a civil ceremony here and opt for the I-130 instead? (So he can work, drive, etc right away when we arrive).

With the timeline of 11 months and being ready to get married now, what would you all suggest at the best solution for a couple living abroad together? Fiance or Spouse route?

Thanks again for the help.

Since you are both together at this time. I would go for the spousal visa. Here's a comparison chart so you can read a bit more about what Harpa and the Embassy told you http://www.visajourney.com/content/compare Do not pay attention to the K3 option because it's an obsolete visa that USCIS now processes as CR1 anyway.

[Harpa Timsah 13,258]

But you said you wanted to move to the US next year? Not now?

I guess I would marry and file for a spousal visa a bit later. You do have 6 months (usually) to use the visa, and you can delay interviews too, to make it conform to what you desire.

[ebe 6]

Thanks for your help. I've taken a look at the requirements and it seems like it would be too slow filing in the US but if we could qualify for DCF here it would be excellent. I've been living in Chile for a year and I have a residency visa subject to contract, so I think I qualify for DCF on a spousal visa, but I'll have to check into that. It could be a really great option to give us some peace of mind a bit earlier.

Any other input/experience with this issue would be really helpful! Thanks all.

[Harpa Timsah 13,258]

It's not DCF (didn't you say it's no longer available in Chile?) - it's an expedited processing for the initial stage. That can shave off 4+ months in the timeline. But the most important question is, where do you want to get married?

[ebe 6]

One thing I'm noticing is there is conflicting information on whether DCF is possible in Chile. The embassy website is unclear and they haven't gotten back to me; here in the Chile embassy info it says yes, but I'm not sure that has been updated with the new regulations? (Sorry as I realize this is now in the wrong forum, I'm just not sure how to move it!)

[Harpa Timsah 13,258]

DCF not available; I just checked. But, read the above. Expedited processing possible.

Edit:

Ebe; here is a thread discussing the expedited timeline (I think you found it before by your questioning). http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Though, if you do not yet understand the "steps" involved in obtaining the visa, you might get confused again. Don't take off more than you can chew, for now

Edited August 22, 2012 by Harpa Timsah

[ebe 6]

Excellent, thanks so much for your help. I will take a look at the Spousal visa boards then for more information. Would appreciate any other info people have on this process, or how to make sure the application is in fact expedited. Thanks again.

[chaine1 116]

how to make sure the application is in fact expedited

If you want to do your best to ensure this happens, make sure to read through the link Harpa gave you in the post above your last one. Although, one thing I learned going through this process is nothing is ever guaranteed!

Good Luck!

[Henry&Rebecca 39]

What I don't understand about this situation, is the OP's desire to opt for expedited processing, when only a few sentences earlier he/she also states that he/she does not wish to move to the US until 11 months have passed.

Seems to me like the better option is to do things the normal way, so that the 5-7 months time it takes for USCIS to process your petition can be used to your advantage.

[baron555 934]

I live in Chile with my fiance and we are just starting the process of applying for his K-1 visa. He is a Chilean and Swiss citizen and I am a US citizen.

Is it true that our forms will be expedited because we are both living outside the US right now?

No

Our ideal scenario is to move to the US one year from now and marry September 2013, which seems doable based on current timelines of around 8 months, but there are some stories here that make me nervous! Thanks for your help.

Also, according to the Chilean embassy, DCF is no longer an option here.

[Rob & Monika 87]

What I don't understand about this situation, is the OP's desire to opt for expedited processing, when only a few sentences earlier he/she also states that he/she does not wish to move to the US until 11 months have passed.

Seems to me like the better option is to do things the normal way, so that the 5-7 months time it takes for USCIS to process your petition can be used to your advantage.

I would take this advice, just in case for whatever reason you are denied expedite. I would still do the spousal visa to save time and money, especially since you are already living together. Though it does not give you a lot of time to plan any sort of wedding.

Keep in mind, you will likely need a cosponsor in the states.

[ebe 6]

Thank you all for your help! I have read all the links you provided and learned a lot.

Since we do have 11 months, probably we could do the K1 visa and it would work fine, based on what you all have said. I have just gotten nervous reading the horror stories. How sure could I be of it all working out in time?

The benefit of the spousal visa would be the potential expedited timeline (for peace of mind) and then also for my Chilean spouse to have all the benefits of permanent residency when he arrives to the US.

What do you all think about choosing between these two options? We want to get married in the US, but the wedding ceremony can happen in the US anyway, just that we will already be legally married here.

Thanks again for your help, I know my question is a little confusing and I've still got a lot to learn. (Hopefully sooner rather than later!)