Fiance About to Receive K-1 Visa(merged)

[Unlockable 7,306]

55 minutes ago, ManOnMoon said:

Does elderly mother count? Her mom is old and she needs to take care of her this year while her sister is in school. 

Hi @ManOnMoon,

 

As you now know, it is going to be an uphill battle for your fiance to do what she wants to do. You can try for an expedite, but it will not be guaranteed. Here is the reason why. You had other options that would have allowed your fiance to go back to here home country after arriving in the US. As others have stated, you could have married in her country and filed a spousal visa. The spousal visa would have made her a permanent resident the day she steps foot in the US. This gives her the ability to work and travel immediately. In fact, she could have came to the US to activate her permanent resident status, then left to go see her mom a few days later.

 

It is unfortunate, that you are just now finding out the shortcomings of the K1. Trust me, we see this all the time on here. Many people only see that the K1 is "faster" and cling to that aspect of it without weighing the negatives.

 

While you can request for an expedite, your fiance will have to show that it is sever financial lost, or an extreme emergency is needed for her to return how. Basically, you don't want to seem like you are requesting an expedite because of poor research and planning. so to speak.

 

As to answer you initial question about what did my fiance do during the wait time until she got her EAD/AP. She went crazy. Things was really intense in our house. She had been working all of her adult life and to be left alone in a house all day with nowhere to go or nobody to see really tested her. This is why I constant advise people NOT to do the K1. If I had to do it over again, I would avoid the K1 like the plague. But I still understand that there are some scenarios where a K1 is the only option.

[Paul & Mallory 1,398]

50 minutes ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

Well, I found the answer to my question in your OTHER post about this.

 

No offense, but were you guys not privy to the processing for K1 visas, including post-arrival, before applying? That's the biggest difference between the two visa options available for couples wanting to marry (K1 or CR1). Unfortunately, there is no way to circumvent this part, at this point.

 

What are you supposed to do? Well. Enjoy being together, finally? I don't know. That seems pretty rewarding to me.

 

I understand the frustration with going from working every day, to not working for a while - my husband is dealing with that right now. But it's a temporary purgatory and it's up to you to choose to make it a burden, or make it an opportunity. There are PLENTY of things to do during that time to benefit the immersion process. If English isn't the beneficiary's primary/strong language, they can work on improving that. Achieve some social and networking circles, which definitely comes in handy once time comes to start looking for jobs. Get familiar with the community and neighborhood where you're living. Just take the time to transition from one country to another as comfortably as possible.

 

Contrary to how you feel right now, 5-6 months goes by fast. There is plenty to do once the beneficiary arrives, believe me. My husband arrived in May of last year, and we have stayed busy ever since, even without him working yet.

[Just Paul 4,591]

1 hour ago, ManOnMoon said:

but 5-6 months of doing nothing

This begins once you marry and file for AOS.  Which as I recall you can't file until you get a certified copy of the marriage certificate.  So figure that in the timeline as well. 

[mushroomspore 3,043]

1 hour ago, Jenny17655 said:

knit sweaters

I actually do knit and crochet. I've never knitted and crocheted as much as I did while waiting for the EAD/AP.

[mushroomspore 3,043]

1 hour ago, ManOnMoon said:

yes 12-14months is a very long time, but 5-6 months of doing nothing is also painful...

At least during the 5-6 months (more like 5-8+ months really), you guys will be together?? That's the main reason people still do K1, not because K1 is practical. Sorry but it's very well-known that the EAD/AP from AoS takes a REALLY long time nowadays and this information is pretty much everywhere, especially on this website. K1 is just the first phase. AoS is the second and it's more brutal. It sounds like you guys should really cancel the K1 or let the K1 visa expire and just file CR1 after getting married.

[USS_Voyager 1,971]

 

1 hour ago, ManOnMoon said:

.

Well, You both have some decision to make. The problem is because you didn't know about this earlier, now it seems like you have to make this decision in a time crunch because the K-1 is already issued and the clock is ticking. You now know the pro and con of both routes. In my opinion, and this is my opinion only, I would just bite the bullet and do the K-1, do the AOS and know that I won't be able to work for 6 + months or whatever. But I wouldn't call it exactly "doing nothing".There are plenty of things to do. First, you two will be adjusting to life together and for her, a whole different life in a whole different country. It is a big change to adapt. Others mention learning English. If English is already good, she can do volunteer work. Also, I would spend time fine tuning the resume and actually apply for jobs. She cannot work, but she can apply and interview, and tell them when approximately when her EAD would arrive. If she's a high value professional, they would wait. It would be best to have a job line up waiting when that EAD is approved. It takes sometimes to get a good job offer too, so that 6 months or some may not be totally "wasted". 

 

Of course, if the CR1 makes more sense to both of you, by all means, do it. 

[SalishSea 16,746]

1 hour ago, John & Rose said:

Consular Services is part of the State Department as is NVC.  I thought that technically, NVC does approve and deliver the visas.

Not for K-1s.  Those are all done at the consulate.

[John & Rose 7,237]

1 minute ago, Jorgedig said:

Not for K-1s.  Those are all done at the consulate.

Thanks. I learn something new everyday!

[SalishSea 16,746]

43 minutes ago, Paul & Mary said:

This begins once you marry and file for AOS.  Which as I recall you can't file until you get a certified copy of the marriage certificate.  So figure that in the timeline as well. 

Exactly, so the process of marrying and acquiring the certified copy of the marriage certificate could potentially add a month or more onto the overall timeline.  

 

We were lucky to have been able to send off my husband's AOS packet three weeks after POE.  That was lightning-fast.

[dwheels76 5,459]

2 minutes ago, John & Rose said:

Thanks. I learn something new everyday!

NVC is nothing more then a document collect that gets all the filers documents (other then K1's) and prepare for embassy interview. They only accept our documents they don't approve. And also assigning case#'s for every petition including K1's that come from USCIS.

 

They are part of the Department of State same branch as Embassies/Consulates

[John & Rose 7,237]

4 minutes ago, dwheels76 said:

NVC is nothing more then a document collect that gets all the filers documents (other then K1's) and prepare for embassy interview. They only accept our documents they don't approve. And also assigning case#'s for every petition including K1's that come from USCIS.

 

They are part of the Department of State same branch as Embassies/Consulates

Thank you.  I really appreciate any knowledge I can get.  I had that part wrong. 😊

[SalishSea 16,746]

2 hours ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

Sorry, but WOW......did  you do NO research whatsoever into the K-1 visa before petitioning?!

[Just Paul 4,591]

2 hours ago, usmsbow said:

What I mean is it doesn't matter where you get married.

For a K1 to AOS it does matter in that some places take longer to get a certified copy of the marriage certificate.  If you are in a hurry you need to find someplace you can get a certified copy right away.

[Russ&Caro 1,548]

I am curious as to what career your fiancee has that makes her so easily employable no matter where she is. Sounds like going 6 months without her income would be a big burden too, so it must be a fairly lucrative career as well. You can ignore my curiosity if you want as it doesn't bear directly on your questions and the advice given.

[dwheels76 5,459]

15 minutes ago, John & Rose said:

Thank you.  I really appreciate any knowledge I can get.  I had that part wrong. 😊

My pleasure. I am like you I love to learn stuff. This immigration stuff will make your head explode. LOL🤯