Can I file for the K-1 visa online now?

[TenderHearted 39]

Guys,

 

     I've not found any straight answer to this, but I'm hoping to get some insight. Can I file for a K-1 visa online? Where do I start? Things have changed a lot since I had to file for this visa before, as that was almost 3 years ago (we had to cancel the petition for religious reasons that have been remedied).

 

     I was hoping to marry my fiance (she lives in Spain, and we had plans of marrying in Gibraltar) April 16th, then the Corona virus messed that idea up. It's also hard telling when the situation will allow us to marry, and I feel I need to get the ball rolling shortly, because who knows how long this situation will be like this, and I can't get over there to marry her. I last physically saw her in August 2018, so I know there is a time limit that needs to be addressed.

 

    Thank you all for your help in advance!

Edited May 13, 2020 by TenderHearted

[Lucky2Lucky 2,526]

No you can not file for the k1 online. It must be submitted via mail. I recommend reviewing the documents for k1 along with the eventual adjustment of status since there has been change since you last filed.

[Chancy 6,241]

8 minutes ago, TenderHearted said:

     I've not found any straight answer to this, but I'm hoping to get some insight. Can I file for a K-1 visa online?

 

No, you can't file the I-129F petition online, but you can mail it in.

 

You can find straight answers on the official USCIS site:  https://www.uscis.gov/i-129f

 

[Just Paul 4,595]

24 minutes ago, TenderHearted said:

I last physically saw her in August 2018, so I know there is a time limit that needs to be addressed.

Don't wait too much longer. . .   you have to have met within 2 years preceding the filing of the I-129F.

[TenderHearted 39]

2 hours ago, Paul & Mary said:

Don't wait too much longer. . .   you have to have met within 2 years preceding the filing of the I-129F.

That's what I thought. Although I've been over there 5 times, I thought there was a 2 year limit from last contact rule for the K-1. I'll probably go ahead and file for it in the next 2 weeks, and if this situation gets good enough to go over there and marry her, I'll file for the CR-1 at that point, but I feel I better have a petition in, regardless of which one it is. I want to get her over here sometime, and likewise she wants to come her. It has to happen.

[TenderHearted 39]

3 hours ago, Luckycuds said:

No you can not file for the k1 online. It must be submitted via mail. I recommend reviewing the documents for k1 along with the eventual adjustment of status since there has been change since you last filed.

What change? Something specifically with the AOS I need to keep in mind?

[geowrian 22,337]

23 minutes ago, TenderHearted said:

What change? Something specifically with the AOS I need to keep in mind?

I-944 is now required.

[TenderHearted 39]

1 hour ago, geowrian said:

I-944 is now required.

Is this the form that basically says "I make enough money to support my future spouse"? I remember reading something about that. Does that need to be submitted at the time the K-1 or CR-1 is submitted, or is that for later in the process, like at the consulate?

[Just Paul 4,595]

4 minutes ago, TenderHearted said:

Is this the form that basically says "I make enough money to support my future spouse"? I remember reading something about that. Does that need to be submitted at the time the K-1 or CR-1 is submitted, or is that for later in the process, like at the consulate?

submit the I0129F now, the I-134 at the interview and the I-944 is at AOS.  Jsut be aware what your spouse needs to supply in the I-944.  You have plentry of time before that is needed.

[geowrian 22,337]

22 minutes ago, TenderHearted said:

Is this the form that basically says "I make enough money to support my future spouse"? I remember reading something about that. Does that need to be submitted at the time the K-1 or CR-1 is submitted, or is that for later in the process, like at the consulate?

That's the I-134 (for the K-1 visa) and I-864 (for AOS). Those are completed the petitioner.

The I-134 is provided to the consulate (not at the time of petitioning).

The I-864 is provided with your AOS packet (after entry on the K-1 visa).

 

The I-944 is a document completed by the applicant declaring that they will be self-sufficient in the US.

Th I-944 is completed during AOS only (i.e. after entry on a  K-1 visa...it does not apply for a CR-1 visa as they don't do AOS after entry).

[Lucky2Lucky 2,526]

11 hours ago, TenderHearted said:

Is this the form that basically says "I make enough money to support my future spouse"? I remember reading something about that. Does that need to be submitted at the time the K-1 or CR-1 is submitted, or is that for later in the process, like at the consulate?

No. However you need that as well. The I-944 started in February of this year. This looks at totality of her circumstances to determine if she will become a public charge. Health insurance, her education and past jobs, level of English, assets, credit report, etc. you can look up the form online for more detail.