K1 Visa Process clarity?

[CoriandPhilemon 9]

Hello! 
I am just beginning the K1 process and I have some questions, what are your go-to sources for information and FAQs about this process? 

*do I (the U.S. citizen) interview? If so, where?

*is the K1 visa affected by the (Nigerian) travel ban, despite it being a non immigrant visa? If so, will we be eligible for a waiver?

*what happens after it’s approved? How do we orchestrate the adjustment of status so that he doesn’t have to go back home? 
*what are some concrete examples of “proof of intent to marry”?

*what are some things YOU learned going through the process that you wish someone had told you? 

[Fe.Ta 857]

14 minutes ago, CoriandPhilemon said:

Hello! 
I am just beginning the K1 process and I have some questions, what are your go-to sources for information and FAQs about this process? 

*do I (the U.S. citizen) interview? If so, where?

*is the K1 visa affected by the (Nigerian) travel ban, despite it being a non immigrant visa? If so, will we be eligible for a waiver?

*what happens after it’s approved? How do we orchestrate the adjustment of status so that he doesn’t have to go back home? 
*what are some concrete examples of “proof of intent to marry”?

*what are some things YOU learned going through the process that you wish someone had told you? 

USC does not interview during the K1 visa

**I will let someone answer the travel ban question, since I am not familiar with this.**
Once it is approved by USCIS at the NVC stage, it will be forwarded to the U.S. embassy in Nigeria, the beneficiary must complete the packet 3 and medical, then he will have the interview at the embassy.  If approved, then they will issue a visa that should be valid for 6 months to be used to enter the U.S.  After entering the U.S., you both have 90 days to marry.  You can submit AOS at any point after getting married.
Intent to marry is mostly a letter (you can type it yourself) indicating that you intend to marry one another within 90 days of his arrival (you will have one version for you (USC) and one version for him (beneficiary)).

 

Off the top of my head, I wished I had known more about CR1, I may have gone that route instead.  If I can come up with anything else, I will let you know.

Edited March 9, 2020 by Fe.Ta

[Crazy Cat 39,363]

1.  You do not interview.

2.  My understanding is that K-1s are not affected.

3.  See this guide: 

 

4.  A letter of intent by both parties.

[Lucky2Lucky 2,526]

Definitely do your research on this site to familiarize yourself before you begin the process. Look at the guides (top of page) for K1 and the AOS so you know what to prepare for. Also, look at the Nigeria specific portal on this site. Gather documents that show your relationship; proof of meeting within 2 years; boarding passes, passport stamps, photos together, any travel together, chat logs or phone logs. Make sure you are up to date on your taxes; if you do not make the minimum requirement to sponsor someone start looking around for a joint sponsor.

 

Do you have any red flags? Age differences, religious differences, kids, prior marriages/sponsors, short meeting etc. If so it may be wise to spend more time together prior to filing. 

 

As far as the intent to marry letter- we both included a signed letter; simple; that said something like "I, (name) swear that I will marry (fiancé) within 90 days of his arrival in the United States. I attest that I am free to marry and have never been married before" sign and date. We each had a copy in the original packet and we had another copy submitted closer to the interview date (with an updated date)

[CoriandPhilemon 9]

5 minutes ago, Luckycuds said:

Definitely do your research on this site to familiarize yourself before you begin the process. Look at the guides (top of page) for K1 and the AOS so you know what to prepare for. Also, look at the Nigeria specific portal on this site. Gather documents that show your relationship; proof of meeting within 2 years; boarding passes, passport stamps, photos together, any travel together, chat logs or phone logs. Make sure you are up to date on your taxes; if you do not make the minimum requirement to sponsor someone start looking around for a joint sponsor.

 

Do you have any red flags? Age differences, religious differences, kids, prior marriages/sponsors, short meeting etc. If so it may be wise to spend more time together prior to filing. 

 

As far as the intent to marry letter- we both included a signed letter; simple; that said something like "I, (name) swear that I will marry (fiancé) within 90 days of his arrival in the United States. I attest that I am free to marry and have never been married before" sign and date. We each had a copy in the original packet and we had another copy submitted closer to the interview date (with an updated date)

Luckily our relationship is very simple and transparent. We have no age difference, we are both Christian, no children, our families are both in support, I was previously married but I have all the paper trail proving the dissolution and I just got back from a trip where we spent a week together taking tons of photos. Our passports are stamped and we saved our boarding passes and Airbnb reservation receipt. 
 

thank you for being specific! Super helpful!!

30 minutes ago, Fe.Ta said:

USC does not interview during the K1 visa

**I will let someone answer the travel ban question, since I am not familiar with this.**
Once it is approved by USCIS at the NVC stage, it will be forwarded to the U.S. embassy in Nigeria, the beneficiary must complete the packet 3 and medical, then he will have the interview at the embassy.  If approved, then they will issue a visa that should be valid for 6 months to be used to enter the U.S.  After entering the U.S., you both have 90 days to marry.  You can submit AOS at any point after getting married.
Intent to marry is mostly a letter (you can type it yourself) indicating that you intend to marry one another within 90 days of his arrival (you will have one version for you (USC) and one version for him (beneficiary)).

 

Off the top of my head, I wished I had known more about CR1, I may have gone that route instead.  If I can come up with anything else, I will let you know.

Thank you!! This was really helpful. 

[Cndn 98]

I wish someone had told me to go with the spouse visa instead of the fiancé visa. It’s cheaper and a lot more convenient. The fiancé visa used to be faster but now they’re both taking almost the same amount of time. Spouse visa wins imo. 

[WandY 430]

2 hours ago, Fe.Ta said:

USC does not interview during the K1 visa

 

Yes and no. If the USC is at the interview, he/she may get interviewed. I was. In fact, I probably spent more time being interviewed than my Vietnamese fiance. Obviously, if you are not at the interview, you can't be interviewed. However, I'm a firm believer in the USC being at the interview - especially in high-fraud countries.

[Fe.Ta 857]

1 minute ago, WandY said:

Yes and no. If the USC is at the interview, he/she may get interviewed. I was. In fact, I probably spent more time being interviewed than my Vietnamese fiance. Obviously, if you are not at the interview, you can't be interviewed. However, I'm a firm believer in the USC being at the interview - especially in high-fraud countries.

Yes, I went to ours. It wasn’t high-fraud, but it helped for us to have a bit more peace of mind. I was just indicating true requirements not advice or pointers. Thanks.

[Fe.Ta 857]

1 hour ago, Cndn said:

I wish someone had told me to go with the spouse visa instead of the fiancé visa. It’s cheaper and a lot more convenient. The fiancé visa used to be faster but now they’re both taking almost the same amount of time. Spouse visa wins imo. 

I feel the same way. Plus, being able to work as soon as he/she arrives and closer to 10-yr GC and USC sooner than the additional wait time here for the 2-yr GC interview and then some more waiting.

[CoriandPhilemon 9]

2 hours ago, Fe.Ta said:

I feel the same way. Plus, being able to work as soon as he/she arrives and closer to 10-yr GC and USC sooner than the additional wait time here for the 2-yr GC interview and then some more waiting.

Wait so he can’t work even after we’re married?

[Crazy Cat 39,363]

2 minutes ago, CoriandPhilemon said:

Wait so he can’t work even after we’re married?

He will not be able to work until about 5 months after he files his I-485 for adjustment of status.

[CoriandPhilemon 9]

4 hours ago, Fe.Ta said:

USC does not interview during the K1 visa

**I will let someone answer the travel ban question, since I am not familiar with this.**
Once it is approved by USCIS at the NVC stage, it will be forwarded to the U.S. embassy in Nigeria, the beneficiary must complete the packet 3 and medical, then he will have the interview at the embassy.  If approved, then they will issue a visa that should be valid for 6 months to be used to enter the U.S.  After entering the U.S., you both have 90 days to marry.  You can submit AOS at any point after getting married.
Intent to marry is mostly a letter (you can type it yourself) indicating that you intend to marry one another within 90 days of his arrival (you will have one version for you (USC) and one version for him (beneficiary)).

 

Off the top of my head, I wished I had known more about CR1, I may have gone that route instead.  If I can come up with anything else, I will let you know.

What’s the difference between CR-1 and a regular spouse visa? 
 

[NikLR 13,220]

3 minutes ago, CoriandPhilemon said:

Wait so he can’t work even after we’re married?

Not until his EAD is approved.  That takes about 6 months after filing for his adjustment of status. 

[Fe.Ta 857]

1 minute ago, CoriandPhilemon said:

Wait so he can’t work even after we’re married?

Once you are married, you submit the AOS (Adjustment of Status), the EAD (Employment Authorization Document), and AP (Advance Parole, which is for travel) applications (three in total). He cannot work until he received approval for EAD. We submitted ours in September 2019 and did got get the card itself until March 2020. Now, he can start working. For a CR1, they come with that already when they come to the US (if approved), so they can work from day one. Definitely read up on both options and get educated.

[CoriandPhilemon 9]

Originally our plan was to get married and then file for a marriage visa, but some technicalities got in the way of that being a possibility so we are going with. K-1 instead. It may be in our better interest since immigration visas are banned from Nigeria at the moment anyway. 
I wish I was able to attend the interview with him.