Filing K1 From Abroad

[Murphy1994 32]

Hi! 

 

My situation is a bit different to most of the situations I’m reading about online so I’m hoping someone here can help!

 

To cut a long story short, I was engaged to my fiancé for a while (a dual Irish and American citizen living in Ireland for the past number of years), he then got a job offer in America and we thought we would go ahead with our wedding as normal and do the spouse visa. After seeking legal advice, we were advised on delaying the wedding and applying for the K1 visa.

 

We are applying for a K1 visa from Ireland as he has not been able to move yet. My question is for people in a similar situation what evidence did anyone supply along with your application? As we are living between our two homes in the same town we don’t have a lot of the typical evidence such as proof of visits to each other’s home countries.  I have a lot of photos with us in them and I have hotel/flight/bus tickets from  holidays we’ve been on and various show tickets. 

 

Should that be enough? Also does your intent to marry/your statement on how you met have to signed by a solicitor? 

 

Thank you all so much!

[payxibka 10,044]

Just now, Murphy1994 said:

Hi! 

 

My situation is a bit different to most of the situations I’m reading about online so I’m hoping someone here can help!

 

To cut a long story short, I was engaged to my fiancé for a while (a dual Irish and American citizen living in Ireland for the past number of years), he then got a job offer in America and we thought we would go ahead with our wedding as normal and do the spouse visa. After seeking legal advice, we were advised on delaying the wedding and applying for the K1 visa.

 

We are applying for a K1 visa from Ireland as he has not been able to move yet. My question is for people in a similar situation what evidence did anyone supply along with your application? As we are living between our two homes in the same town we don’t have a lot of the typical evidence such as proof of visits to each other’s home countries.  I have a lot of photos with us in them and I have hotel/flight/bus tickets from  holidays we’ve been on and various show tickets. 

 

Should that be enough? Also does your intent to marry/your statement on how you met have to signed by a solicitor? 

 

Thank you all so much!

In your situation I would rethink your decision  to forego the spousal 

[Murphy1994 32]

16 minutes ago, payxibka said:

In your situation I would rethink your decision  to forego the spousal 

Really? It was initial plan to apply for the spousal visa however an immigration attorney advised us this would be a better way. 

[Crazy Cat 39,227]

4 minutes ago, Murphy1994 said:

Really? It was initial plan to apply for the spousal visa however an immigration attorney advised us this would be a better way. 

Your attorney was possibly very wrong........

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

Edited May 8, 2019 by missileman

[payxibka 10,044]

16 minutes ago, Murphy1994 said:

Really? It was initial plan to apply for the spousal visa however an immigration attorney advised us this would be a better way. 

What were the articulated reasons?

[Ben&Zian 4,397]

I agree. While K-1 may seem convenient, in your situation would be more beneficial and easier to just marry there and go the CR-1 route. In the long run that makes most sense. Don't always trust these immigration attorneys, a lot honestly don't really know much about the process other than taking you money and filling out paperwork. They may have given you that advice in hopes you'd hire them and they could get you to pay them to do the I-129f petition paperwork, then the AOS paperwork, and so on. They saw a possible pay day hah.

[Crazy Cat 39,227]

Just now, Ben&Zian said:

I agree. While K-1 may seem convenient, in your situation would be more beneficial and easier to just marry there and go the CR-1 route. In the long run that makes most sense. Don't always trust these immigration attorneys, a lot honestly don't really know much about the process other than taking you money and filling out paperwork. They may have given you that advice in hopes you'd hire them and they could get you to pay them to do the I-129f petition paperwork, then the AOS paperwork, and so on. They saw a possible pay day hah.

Exactly my thoughts, too..........continued employment, continued revenue stream....

[Ben&Zian 4,397]

Yea like some of the people who have paid lawyers to do the I-129f petition, then they sneak in a surprise charge to "deal with NVC" after the approval from USCIS... always amazes me.

Edited May 8, 2019 by Ben&Zian

[payxibka 10,044]

4 minutes ago, Ben&Zian said:

Yea like some of the people who have paid lawyers to do the I-129f petition, then they sneak in a surprise charge to "deal with NVC" after the approval from USCIS... always amazes me.

Maybe the attorney has someone on the inside at CSC and can guarantee faster turn time? 

[Huckleberry&Koala 184]

47 minutes ago, Murphy1994 said:

Hi! 

 

My situation is a bit different to most of the situations I’m reading about online so I’m hoping someone here can help!

 

To cut a long story short, I was engaged to my fiancé for a while (a dual Irish and American citizen living in Ireland for the past number of years), he then got a job offer in America and we thought we would go ahead with our wedding as normal and do the spouse visa. After seeking legal advice, we were advised on delaying the wedding and applying for the K1 visa.

 

We are applying for a K1 visa from Ireland as he has not been able to move yet. My question is for people in a similar situation what evidence did anyone supply along with your application? As we are living between our two homes in the same town we don’t have a lot of the typical evidence such as proof of visits to each other’s home countries.  I have a lot of photos with us in them and I have hotel/flight/bus tickets from  holidays we’ve been on and various show tickets. 

 

Should that be enough? Also does your intent to marry/your statement on how you met have to signed by a solicitor? 

 

Thank you all so much!

When we apply for K1, our main purpose was to be together asap, and there was like 6 months difference between CR1 and K1, so we didn't care about the fees, didn't care about me not being able to work or travel here for a while, or aos stage. However, now what I see is that the only advantage of K1 looks like not existing anymore, there are slight time differences in the visa stage. For sure, it is up to the current situation of couples, but if I applied now, we probably would go with CR1. Attorneys may not be aware of current timelines, and still assume K1 is faster. Just my two cents...

[Crazy Cat 39,227]

2 minutes ago, Huckleberry&Koala said:

Attorneys may not be aware of current timelines, and still assume K1 is faster.

Then, they aren't competent immigration attorneys.......

[payxibka 10,044]

1 minute ago, missileman said:

Then, they aren't competent immigration attorneys.......

Never ceases to amaze me how many people pay good money for an attorney,  but yet come to a free site to get validation (or worse, correction) of advice 

[Crazy Cat 39,227]

9 minutes ago, Huckleberry&Koala said:

Attorneys may not be aware of current timelines, and still assume K1 is faster.

and there are other factors to consider, also........timeline being one....

[payxibka 10,044]

16 minutes ago, Huckleberry&Koala said:

. Attorneys may not be aware of current timelines, and still assume K1 is faster. Just my two cents...

Faster to entry or faster to normalization of life?  A lot to be said about the latter.

 

And this is from someone who just went through the k1 process.   I took the entire month of April off just to help her get adjusted because otherwise she would have been isolated at home from the get go.

Edited May 8, 2019 by payxibka

[Ben&Zian 4,397]

Think OP definitely should reconsider the options. Obviously it's what works best for them. But if they can marry, probably best option for them is that. Obviously for some they can't marry so K-1 is only option, but for them seems most feasible.