K-1 Fiance Visa VS Spouse Visa

[bemydruidess 0]

Hi all, Happy New Year.

My fiancé and I got engaged back in August, and we are now starting to figure out our next steps.

He is a USC in Texas and I am in London, England.

We are looking at filing the K-1 visa as we have heard that is processed more quickly than the spouse visa. Can anyone confirm this and suggest processing times?

Secondly, when filing for the K-1, what evidence have other people submitted to prove their relationship?

Thank you in advance for any information.

[LORIEandPHIL 123]

The K-1 is normally quicker, but spouse visa is cheaper, and allows you to work straight away. I personally think that the spouse visa is the better option. It only takes a few months more.

Edited January 3, 2016 by LORIEandPHIL

[yuna628 9,527]

Hi all, Happy New Year.

My fiancé and I got engaged back in August, and we are now starting to figure out our next steps.

He is a USC in Texas and I am in London, England.

We are looking at filing the K-1 visa as we have heard that is processed more quickly than the spouse visa. Can anyone confirm this and suggest processing times?

Secondly, when filing for the K-1, what evidence have other people submitted to prove their relationship?

Thank you in advance for any information.

Hi there,

My first suggestion would be to read the guides section, which will explain the differences between the two visas. Spouse visa takes longer, requires you to already be married and live apart during the process. You are allowed to work immediately afterwards though. K1 is faster, and after you marry, you will not be able to work until authorized - by adjusting your status.

Secondly, no one can give you an approx. suggestion as to processing times. So what I will say is only a rough estimation. Overall K1 is much faster than a CR1, especially since some changes have been made. As of early last year, all newly filed K1 applications are processed at the California Service Center, which at the time was seeing cases completed much faster than the slow and extremely delayed Texas Service Center. This has continued, but it is unknown what the future outcome of this situation will be. As a general rule you should probably expect a wait of at least a few months. Once that part is finished there will be the rest of the process to complete. Even in all this, it will still be faster than a spousal visa, so long as there is no complications with the case.

Overall, the guide will offer suggestions of what to send in with the application. The main requirement of the application is providing proof you have met within two years. Copies of plane tickets, passport stamps, receipts of places you may have gone together, and photographs together. Photographs are secondary evidence, so ensure you send something more than just that. We sent pretty much all of these things and a few other copies of things we found might be useful.

[Avery Cates 1,141]

Hi all, Happy New Year.

My fiancé and I got engaged back in August, and we are now starting to figure out our next steps.

He is a USC in Texas and I am in London, England.

We are looking at filing the K-1 visa as we have heard that is processed more quickly than the spouse visa. Can anyone confirm this and suggest processing times?

Secondly, when filing for the K-1, what evidence have other people submitted to prove their relationship?

Thank you in advance for any information.

You need to read the guides section for the most of your questions.

As far as what's faster, it really depends. What's faster today may very well not be what's faster tomorrow. It tends to swing a lot.

If your fiance won't have any trouble supporting you for the months it will take to get your AoS and EAD, then there's no harm in going that route, which may be a bit faster.

If you'll need to work right away to support yourselves, then a CR-1 might be a better option.

[NikLR 13,220]

~~moved to what visa do I need from K1 process and procedures~~

[Lee&Ana 88]

K1 is faster. It will cost $1,070 more for the adjustment of status. To me it was worth the extra money because I wanted my fiancé(now wife) here quicker.

[Advanced Aardvark 82]

We supplied 1+ years worth of Skype call logs showing that we chatted for about an hour per day. Since I was calling Olga's cell phone, this showed a substantial financial cost. Also, copies of USPS Customs forms for packages sent overseas and Western Union transaction data for money transfers. We also included passport page scans, hotel bills showing both of our names and lots of photos that identified where and when we were together.

The quality of your documentation is more important than the quantity. 30,000 text mesages loaded with LOLs and ROTFLs will be less useful than documentation showing multiple in-person meetings.

If a reasonable person reviewed your information and concluded that your relationship was 'real', then you will probably be OK.

Good Luck.

[bemydruidess 0]

Thank you. My fiancé has been to see me in the UK three times and I have been to Texas to see him four times in the last year. We have lots of evidence, kicking myself for not keeping all boarding passes now - will my email records/info on airline sites help me?

We have emails, but not tonnes - mostly FaceTime and iMessage, but MILLIONS of photos. We have been sharing his Paypal account for some time to deposit money into to save for this. I imagine this could be used as evidence?

Racking my brain for other forms of evidence also!

Lee&Ana - how much did the entire process cost you total? My fiancé is willing to support me if we do the K1 route and I am out of work but still weighing up pros and cons. It's an exciting and scary decision.

Also, regarding evidence - are photocopies/print-outs of receipts, boarding passes etc acceptable?

And - my fiancé has the invoice for the engagement ring he bought me. Not sure if that is helpful at all...

[bemydruidess 0]

I also have things like emails between me and people about being in Austin, receipts for gig tickets, an Airbnb account with reviews about both of us staying in people's homes from the past year...?

[Michael and Ganna 103]

Hi there,

My first suggestion would be to read the guides section, which will explain the differences between the two visas. Spouse visa takes longer, requires you to already be married and live apart during the process. You are allowed to work immediately afterwards though. K1 is faster, and after you marry, you will not be able to work until authorized - by adjusting your status.

Secondly, no one can give you an approx. suggestion as to processing times. So what I will say is only a rough estimation. Overall K1 is much faster than a CR1, especially since some changes have been made. As of early last year, all newly filed K1 applications are processed at the California Service Center, which at the time was seeing cases completed much faster than the slow and extremely delayed Texas Service Center. This has continued, but it is unknown what the future outcome of this situation will be. As a general rule you should probably expect a wait of at least a few months. Once that part is finished there will be the rest of the process to complete. Even in all this, it will still be faster than a spousal visa, so long as there is no complications with the case.

Overall, the guide will offer suggestions of what to send in with the application. The main requirement of the application is providing proof you have met within two years. Copies of plane tickets, passport stamps, receipts of places you may have gone together, and photographs together. Photographs are secondary evidence, so ensure you send something more than just that. We sent pretty much all of these things and a few other copies of things we found might be useful.

A CR-1 does not require you to "live apart" while in process. We have been apart 0 days since marriage....Right now we are in the U.S. until March 5th...If you do your research, you can find ways to stay together. She filed for a B-2 before we were engaged. We have had very little time apart in 2 years

[yuna628 9,527]

A CR-1 does not require you to "live apart" while in process. We have been apart 0 days since marriage....Right now we are in the U.S. until March 5th...If you do your research, you can find ways to stay together. She filed for a B-2 before we were engaged. We have had very little time apart in 2 years

Since the person is from the UK, and will use the VWP for any regular visit of up to 90 days without abuse, the chances of obtaining a B-2 are unlikely. Unless the poster has a lot of money saved for constant short term visits or the US citizen has some sort of longer-term entry clearance or visa for the UK, it is unlikely they would be able to spend every single day of their marriage together while waiting. This couple is certainly free to visit each other while applying for a spouse or a K1 visa - but unless they have unique circumstances it is unlikely to be able to spend it together for the duration.

Bemydruidess: Photocopies of passport stamps will probably be the most helpful thing. Photocopies of boarding passes should be okay. If you have receipts showing you in the same place at the same time... for instance we supplied receipts showing dinner for two or receipts for movie tickets. We also supplied them with a photocopy of the ring receipt. Our photos we wrote on the back who and where, with the date. We did not send them any online convos or letters or emails. Ten years worth is a headache to go through, and I'm kind of sure with a fairly uncomplicated case at a consulate like London it's not needed to go overboard.

The filing fee for the K1 by the US fiance is $340. The UK fiancé will have to pay for a few other fees later on. Once you are married and you file to adjust status, the fee is $1070. US fiancé must also be aware of the financial sponsorship guidelines or they can use a cosponsor for London.

[bemydruidess 0]

Thank you. The only worry we really have is that my fiancé was previously married to a European, they used the AOS route while she was there on a tourist visa which means he became her sponsor. They are now divorced. We are concerned of the income thresholds for him to be my sponsor this time around, and whether we may have to ask his mother to be a co-sponsor. Does anyone have an idea of the financial requirements or if there is a way for him to remove himself as her sponsor? (Not including her being in the USA for ten years working/or dying, which I have so far heard are the only options...)

[Pennycat 880]

This is a decision that you'll need to make together but for the most part, as already stated, the K1 is generally significantly faster that CR1. Even when I applied into a giant backlog at once particular processing center, the slowest K1s were coming in in just about the same time as the fastest CR1s. Now, that backlog no longer exists, and at the moment, the average K1 is taking under 2 months to be processed by USCIS and then 2-3 months at State Department (this is largely embassy dependent, you'd have to ask other UK filers about that. The embassy timelines don't go any faster for CR1s).

Take a look here for K1 timelines (and only look at information for "CSC" now because that is the only place new petitions are being sent)

http://www.visajourney.com/content/k1historical

Versus here for CR1:

http://www.visajourney.com/content/ir1cr1historical

Note especially "Step 3"-- NVC (National Visa Center) for both. This is really the key difference. NVC is the State Department's visa office in the US. K1s pass right through NVC-- just long enough to be routed to the proper embassy, whereas CR1s wait "in line" for processing because they are officially "immigrant visas" (meaning you land with a green card) and K1s are "non-immigrant visas" (meaning that the visa is valid for a limited time and you must apply for the green card once you're here). So now that all (or almost all, it would seem) K1 petitions are going to CSC, you can clearly see that the K1 route is much faster on average. Like I said, even during the huge backlog time (when TSC was taking 8+ months to process petitions), the longest K1s (the most unlucky in their visa type) were coming in in roughly the same timeframe as the fastest CR1s (the luckiest in their visa type).

**Also note** and this is something that most people don't remember to factor in.... you can in theory file the paperwork for a K1 this afternoon (or, rather, your fiance can. And "in theory" because he actually needs something signed by you but that's it). You already meet those requirements and have all of the necessary paperwork etc. To be able to go CR1, he'd have to first travel to you, you get married, wait for the marriage certificate *and then* start what is objectively the longer of the two processes. Even if he gets on a flight this afternoon, you're looking at not being able to start this for a week or more. And we both know he's not getting on a flight this afternoon

Now, of course, sheer amount of time to immigration are not the only concerns. Money is a big part of this for most people. He'll need to support you until you can work, which would be 2 to 3 months after you're married and file for the green card (which is a $1070 expense) and then actually able to find a job. You could be looking at over 6 months of unemployment. Also, though, what are the expenses incurred having two homes in two countries? Is that fixed by you moving here or is it a wash because you'd also quit your job? All of that is highly unique to each couple and no one can answer that for you.

[Cathi 5,609]

Since the person is from the UK, and will use the VWP for any regular visit of up to 90 days without abuse, the chances of obtaining a B-2 are unlikely. Unless the poster has a lot of money saved for constant short term visits or the US citizen has some sort of longer-term entry clearance or visa for the UK, it is unlikely they would be able to spend every single day of their marriage together while waiting. This couple is certainly free to visit each other while applying for a spouse or a K1 visa - but unless they have unique circumstances it is unlikely to be able to spend it together for the duration.

Bemydruidess: Photocopies of passport stamps will probably be the most helpful thing. Photocopies of boarding passes should be okay. If you have receipts showing you in the same place at the same time... for instance we supplied receipts showing dinner for two or receipts for movie tickets. We also supplied them with a photocopy of the ring receipt. Our photos we wrote on the back who and where, with the date. We did not send them any online convos or letters or emails. Ten years worth is a headache to go through, and I'm kind of sure with a fairly uncomplicated case at a consulate like London it's not needed to go overboard.

The filing fee for the K1 by the US fiance is $340. The UK fiancé will have to pay for a few other fees later on. Once you are married and you file to adjust status, the fee is $1070. US fiancé must also be aware of the financial sponsorship guidelines or they can use a cosponsor for London.

ummm...the VWP can be used. No need to a b2.

[yuna628 9,527]

ummm...the VWP can be used. No need to a b2.

Which is exactly what I said...