K1 Process with Petitioner Outside the USA

[Zan1 4]

Hi everyone!

 

My fiancee (petitioner) and I (beneficiary) are about to begin our daunting K1 journey! We're trying so hard to wrap our heads around the whole process and would appreciate some advice from people far more knowledgable than us.

 

We are both currently in the States to visit family (me as a visitor under the Visa Waiver Program) and intend to file our I-129F before we both fly to New Zealand (where I'm from) to work, travel and be together while we go through the K1 visa process.

 

We're finding it hard to find information about the legitimacy of this. If my fiancee files our I-129F at the USCIS before we leave for New Zealand, are we able to complete the rest of the process without her physically being in the United States? She still has a United States mailing address with her family that can forward us any correspondence.

 

Thanks very much for your help!

[payxibka 10,044]

2 minutes ago, Zan1 said:

Hi everyone!

 

My fiancee (petitioner) and I (beneficiary) are about to begin our daunting K1 journey! We're trying so hard to wrap our heads around the whole process and would appreciate some advice from people far more knowledgable than us.

 

We are both currently in the States to visit family (me as a visitor under the Visa Waiver Program) and intend to file our I-129F before we both fly to New Zealand (where I'm from) to work, travel and be together while we go through the K1 visa process.

 

We're finding it hard to find information about the legitimacy of this. If my fiancee files our I-129F at the USCIS before we leave for New Zealand, are we able to complete the rest of the process without her physically being in the United States? She still has a United States mailing address with her family that can forward us any correspondence.

 

Thanks very much for your help!

Yes, the USC can wait out the petition process abroad.   

[aaron2020 11,651]

Get marry and file for the CR-1 spousal visa.  You get a green card immediately upon entering the US.  You can immediately work and travel internationally.

 

With the K-1, you will not be able to legally work for at least 6 months while waiting for your EAD.  You will also need to wait 6 months for AP in order to leave the US without abandoning the AOS process for a green card.

 

Consider the disadvantages of the K-1.

Edited November 26, 2019 by aaron2020

[SalishSea 16,746]

5 minutes ago, Zan1 said:

Hi everyone!

 

My fiancee (petitioner) and I (beneficiary) are about to begin our daunting K1 journey! We're trying so hard to wrap our heads around the whole process and would appreciate some advice from people far more knowledgable than us.

 

We are both currently in the States to visit family (me as a visitor under the Visa Waiver Program) and intend to file our I-129F before we both fly to New Zealand (where I'm from) to work, travel and be together while we go through the K1 visa process.

 

We're finding it hard to find information about the legitimacy of this. If my fiancee files our I-129F at the USCIS before we leave for New Zealand, are we able to complete the rest of the process without her physically being in the United States? She still has a United States mailing address with her family that can forward us any correspondence.

 

Thanks very much for your help!

Also consider how the petitioner will be able to financially sponsor you for the AOS.....

[Fenja 208]

We are doing something similar! My finacé and I are currently living in the Netherlands and we have the USCIS mail send to his family, which we will join once the K-1 is approved! So far we had no problems.

[Zan1 4]

6 minutes ago, Jorgedig said:

Also consider how the petitioner will be able to financially sponsor you for the AOS.....

We've actually both been living in Canada for the past 2 years so this is definite problem for us. We were intending to use my fiancees family as a co-sponsor for the AOS. Do you think that this will be a problem?

3 minutes ago, Fenja said:

We are doing something similar! My finacé and I are currently living in the Netherlands and we have the USCIS mail send to his family, which we will join once the K-1 is approved! So far we had no problems.

Great news! Thanks for giving us some peace of mind. Good luck with the rest of the process!

[SalishSea 16,746]

Just now, Zan1 said:

We've actually both been living in Canada for the past 2 years so this is definite problem for us. We were intending to use my fiancees family as a co-sponsor for the AOS. Do you think that this will be a problem?

If your fiancé has a qualified joint sponsor lined up, that's great.  It is a judgement call and based on a totality of circumstances, so there is no way to know with the info you've given whether there would be a problem.

[Zan1 4]

12 minutes ago, aaron2020 said:

Get marry and file for the CR-1 spousal visa.  You get a green card immediately upon entering the US.  You can immediately work and travel internationally.

 

With the K-1, you will not be able to legally work for at least 6 months while waiting for your EAD.  You will also need to wait 6 months for AP in order to leave the US without abandoning the AOS process for a green card.

 

Consider the disadvantages of the K-1.

We were looking into the K1 because we heard that it's the fastest way to get into the States, but we never considered the CR-1. We'll look into it, thanks!

[SalishSea 16,746]

Just now, Zan1 said:

We were looking into the K1 because we heard that it's the fastest way to get into the States, but we never considered the CR-1. We'll look into it, thanks!

Fastest isn't always best.  I recommend doing lots of reading and research into this entire process for best results.

[Zan1 4]

1 minute ago, Jorgedig said:

If your fiancé has a qualified joint sponsor lined up, that's great.  It is a judgement call and based on a totality of circumstances, so there is no way to know with the info you've given whether there would be a problem.

My fiancee has been a graduate student for the past few years so her income has been pretty low, however her earning potential is very high now that she's graduated. Her parents that would co-sponsor us are above the earning threshold and own property so as far as I can tell, that shouldn't be a problem. Are there any traps that we might have to look out for?

Just now, Jorgedig said:

Fastest isn't always best.  I recommend doing lots of reading and research into this entire process for best results.

Yeah, good call on that. We've been slowly chipping away at things for about 6 months now, but it's only been recently that we've started to get serious about it. Thanks for your advice!

[Knicks 21]

2 hours ago, Jorgedig said:

Fastest isn't always best.  I recommend doing lots of reading and research into this entire process for best results.

This. We went the K-1 path because it was fast. Knowing what we know now, we should have went CR-1.

[Nitas_man 3,100]

Getting to the united states quickly then spending 3-4 months sitting around waiting for an EAD to get a drivers license and/or a job (or travel or do anything else) is pretty tough.  After CR1 entry the beneficiary is good to go and avoids weeks/months of “dead time”.

[leroyleviticus 80]

I agree with people who recommend the CR-1 route. I came to the US on a K-1 visa and the first 5 months were horrible. We had just graduated from our Master’s degrees and the only job my husband could find was on a farm. Money was tight, my husband kept piling on credit card debt (from which his credit score is still recovering 3 years later) and I was going crazy because I sat at home all day, unable to help. I also felt utterly alone because I didn’t have any friends here and I couldn’t get a driver’s license either. (We live in Iowa so you really can’t get anywhere without a car.) I got my Green Card 2 weeks after getting my EAD... We probably should have stuck it out and gone the CR-1 route but we just wanted to be together.
 

It depends on your situation, but you should weigh your options and take everything into account. With a K-1 you’ll definitely be dependable in the beginning.

 

[Lucky2Lucky 2,526]

If you guys are planning to work and travel together now it seems like the cr1 would be a better option. You can get married anywhere (if either of you has a preference for whose family you would like to attend the wedding then choose that country) and then apply. US citizen will have to move back to the US a bit early to establish domicile- but if you already have someone willing to be a joint sponsor the established job part (income) won’t be an issue. 
I’ve personally seen the k1 as a great option for those who CAN’T steadily be together for the process (I would not have changed the route we went)- but if you guys can be together the entire time/ first year Of marriage I’d suggest the cr1. Since your first language is English and you are from a “first world” country the waiting period after the k1 before you can work etc may drive you mad. For ex. My husbands first language was not English and he is from a developing country the adjustment to the US was major culture shock. There is no way he could have worked in the beginning  as getting him to use the light switch was a challenge 😂 so the “waiting period” after the k1 was no big deal. Just some food for thought

[usmsbow 795]

If you're already living and working together, go for the CR-1 unless there is a specific reason you want to be in the USA ASAP. I'd only recommend the K-1 these days if speed was by far your #1 priority and/or the US citizen could easily financially support both.