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Maria&Hesham

Is residency required to apply for K-1 visa?

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Hello, 

 

My boyfriend and I were living together for a year and a half when we decide to relocate to Portugal where I have a job. The residency process as everything here is very confusing and time-consuming. He left back to the USA a month ago as he couldn't lead a decent job due to the language barrier. As we were already planning to get married, we decided to apply for the K-1 visa, although the residency here might take up to 2 years to be concluded for myself and only after that I can start the process of reunification for my 2 kids. Is that a barrier to start the K-1 visa process while our residency in Portugal is not concluded? If not, how long does it usually takes from the time of application to the conclusion? Thank you in advance. 

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Posted (edited)

Are you referring to permanent residency or temporary residency? Generally, some form of residency is necessary to interview for a K-1 or immigrant visa. A work visa/status is fine. A tourist visa would not be fine.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

Are you referring to permanent residency or temporary residency? Generally, some form of residency is necessary to interview for a K-1 or immigrant visa. A work visa/status is fine. A tourist visa would not be fine.

Thank you for your reply. In fact, everything here is so confusing. Immigration here is very stressful. As per Portuguese laws, as long as you have a working contract you are not illegal neither under tourist visa any longer. Although, their immigration system is overwhelmed and for you get an appointment to take the paperwork and conclude the temporary residency might take up to 2 years. By now they have appointments for January of 2020! It's totally insane! People here live neither illegal nor have a proper visa. That is my case. I have a process number at SEF (service of immigration borders) but appointments are only for 2020! Is that acceptable as long as the delay lies on the Portuguese system and I do have all proper documentation?

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2 minutes ago, Maria&Hesham said:

Thank you for your reply. In fact, everything here is so confusing. Immigration here is very stressful. As per Portuguese laws, as long as you have a working contract you are not illegal neither under tourist visa any longer. Although, their immigration system is overwhelmed and for you get an appointment to take the paperwork and conclude the temporary residency might take up to 2 years. By now they have appointments for January of 2020! It's totally insane! People here live neither illegal nor have a proper visa. That is my case. I have a process number at SEF (service of immigration borders) but appointments are only for 2020! Is that acceptable as long as the delay lies on the Portuguese system and I do have all proper documentation? 

I think you would be fine, but I suggest reaching out to the embassy/consulate for confirmation. They are the ones who make the decision on who they will let interview.

 

I'm also moving your question to the Europe & Eurasia forum in hopes of reaching somebody more familiar with your specific circumstances.

 

* Moved from K-1 Process & procedures to Europe & Eurasia forum  *


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thank you very much. 

In fact, that was our first idea but nothing can be that easy in Portugal.

We've tried to call Lisbon embassy but as long as they only issue tourist visa they transfer our inquire to Paris. Paris did transfer our call to a specific call centre that claims do not have the answer and ask us to contact back Lisbon starting an endless cycle. 

We tried to contact the consulate in South Portugal (Ponta Delgada) but as long as I am in North and they do not have a phone service we couldn't get any positive response. 

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8 minutes ago, Maria&Hesham said:

Thank you very much. 

In fact, that was our first idea but nothing can be that easy in Portugal.

We've tried to call Lisbon embassy but as long as they only issue tourist visa they transfer our inquire to Paris. Paris did transfer our call to a specific call centre that claims do not have the answer and ask us to contact back Lisbon starting an endless cycle. 

We tried to contact the consulate in South Portugal (Ponta Delgada) but as long as I am in North and they do not have a phone service we couldn't get any positive response. 

The embassy to contact would be the one in Paris. They handle immigrant (and K-1) visa cases for Portugal.

https://pt.usembassy.gov/visas/immigrant-visas/


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I guess the best option will be to email them and cross our fingers to receive a reply soon.

Paris embassy claims they don't know about Portuguese rules and Portugal claims they aren't responsible for the immigration visa process.

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Hopefully you get through to them soon. Good luck.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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