K1 Visa... to file or not?

[Cheburashka34 228]

2 minutes ago, Mike V said:

If the embassy in the country of origin is not doing interviews due to COVID-19, there will be delays ... indefinitely.

Well but hopefully they will catch up eventually. Maybe they'll go into overdrive for us?

[Mike V 56]

On 7/27/2020 at 1:35 PM, SHANE (USA) said:

So for now, I filed the I-129F K1 Fiancé Visa because I think it's faster. 

...especially because I just talked to my Fiancée in the Philippines and she said that most local governments and communities there are going back on another lockdown right now. 

 

The Philippines is a bit of a zoo right now.  They've even coined a term -- Locally Stranded Individuals (LSI's) -- for people who are stuck in one city/island and can't get to where they should be.  There are thousands of LSI's right now.

Unless your fiance is in Manila, where she'll do the physical & embassy interviews, she's better off just staying put for now.

 

Once she's approved and the K-1 is in her passport, she has a window of only a few weeks in which to go to the U.S.

 

Unless she lives in a city with international air service (there are 3 or 4, but most Americans use Manila & Cebu), she risks becoming an LSI along the way.

 

When she does get to the embassy interview, I'd suggest she request as long a window as possilbe in which to leave.

[Mike V 56]

18 minutes ago, Cheburashka34 said:

Well but hopefully they will catch up eventually. Maybe they'll go into overdrive for us?

Hopefully, the embassy in Manila was very proactive & responsive when we were trying to get one of my fiance's kids out before he aged out, even got things rolling before the file reached Manila.  Unfortunately he still aged out due to unpexpect issues, but they tried.

 

[Mike V 56]

On 7/27/2020 at 9:38 AM, Hunkydory97 said:

Honestly I filed for the K-1 after 1 visit which happened after 1 year of dating. I heard the whole spousal visa was better for certain reasons. However, I could not be in my fiancée country for the length of time it would require to get married plus I have children of my own so I couldn’t just leave them for months while I’m having the time of my life overseas. Plus he does not have a passport so traveling here obviously isn’t an option. NO ONE knows your situation and what’s best for your relationship but, you two. 
this forum it’s easy to feel down about it but, honestly all visas are in limbo and waiting time.

if your relationship is strong it can handle this challenge in my opinion . Good luck ❤️

If he doesn't have a passport, how will he get here?  At the embassy interview, you usually leave your passport with them, and they put the visa it after they have approved the visa.  And he will need a  passport to fly internationally  anyway.

 

We didn't even file our I129-F until my fiance had her passport, which itself took about 3 months due to a mispelling of her name on her birth certificate.  We included copies of the passports (hers & kids') as part of the documention with the I129-F filing.

[Mike V 56]

On 7/27/2020 at 3:45 AM, Daryap said:

We are planning a new visit to my country Peru but we dont understand much about this situation, k1 visa cant be processed at this time? or you cant enter in the us to live with your fiance? and CR Visa allows people to get in and live with the spouse?,  we dont know what to do because we have been together for almost 2 years and now with this situation we only want to stay together dont even bother us if someone cant work at the time of arrival 

Either can be filed, and either (once approved) will allow you to enter the U.S.

 

CR-1 is preferable if you can get married there -- green card on arrival vs. more expense and a year and a half to get the green card once here.

 

If your partner arrives as a K-1 and drives or works, there are often hassles  with licensing & employment when documents expire and the powers that be don't understand the automatic extension of the employment authoritation if the I-485 is still in process, etc.

[HRQX 4,145]

8 minutes ago, Mike V said:

& employment when documents expire and the powers that be don't understand the automatic extension of the employment authoritation if the I-485 is still in process, etc.

Pending I-485 alone isn't the reason for automatic extension of employment authorization. Applicants must timely file the I-765 form for renewal before the C09 EAD expires and the newly filed I-765 must remain pending: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances

An automatic EAD extension depends on these requirements:

• Employees must have filed an application to renew their EAD before it expires (except certain employees with Temporary Protected Status (TPS)), and the application remains pending;
• The eligibility category on the front of the EAD is the same eligibility category on the employee’s Form I-797C, Notice of Action (except employees with TPS who may have a C19/A12 combination); and
• Current EAD eligibility categories for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19.  The eligible categories are published on the USCIS Automatic EAD Extension page.

[nykolos 711]

On 7/26/2020 at 9:51 AM, Cheburashka34 said:

Well this post makes me feel like I shouldn't have done the K1....

Your circumstance may not be the same as the OP

 

Edited July 30, 2020 by nykolos

[Strawberrymermaid 346]

On 7/26/2020 at 9:49 AM, Ellie__ said:

Do you think it is still a good plan to file for K1 during these times or just wait for the situation to improve? 

As far as the K1 goes, either way you will have to wait. If you wait until the situation “improves”, you could be waiting forever! 

[Kittens&Pickle 6]

On 7/26/2020 at 11:51 AM, Cheburashka34 said:

Well this post makes me feel like I shouldn't have done the K1....

I regret it too. 

But, it’s okay. 

 

On 7/26/2020 at 10:34 AM, DaveAndAnastasia said:

As long as you're okay with living with the restrictions of the K-1 once you get here, that's kind of why I'd say go ahead and file if you've already done enough that approval is likely.

If you can't meet (but already have), you might as well let USCIS do as much processing as they can while you're waiting.

I did K1 and living restrictions (not working, driving or leaving the US) are okay with me. Our concern is... if I would  be able to attend grad school while I wait (without an EAD or Green card). 
 

 

[HRQX 4,145]

1 hour ago, Kittens&Pickle said:

Our concern is... if I would  be able to attend grad school while I wait (without an EAD or Green card).

It'll depend on the graduate program's admission policies.

[DaveAndAnastasia 2,078]

11 hours ago, Kittens&Pickle said:

I did K1 and living restrictions (not working, driving or leaving the US) are okay with me. Our concern is... if I would  be able to attend grad school while I wait (without an EAD or Green card). 

It's not against any laws or regulations, but you'd probably want to find out if the school you wanted to attend would charge you international student tuition or (if it's a state school) non-resident tuition for a semester or two (and that could be expensive).

[SamiRebecca 1]

After having (almost) gone through the whole k1 & AOS process, I do not recommend this at all. Get married if at all possible, and apply for a spousal visa.

[Xia Angela 5]

On 7/27/2020 at 12:42 AM, Ellie__ said:

Spouse visa has for sure a lot more benefits than K1. I think the military won't let him go to a third country which makes it harder  

Depends on his branch,DoD already lifted the travel restriction for service member to travel outside US but it's getting hard to get approval for leave and yes no third countries are allow for active duty. My F in the army,now for him tp request leave outside US the approval goes to General which is nuts 🤐

[Ellie__ 8]

1 hour ago, Xia Angela said:

Depends on his branch,DoD already lifted the travel restriction for service member to travel outside US but it's getting hard to get approval for leave and yes no third countries are allow for active duty. My F in the army,now for him tp request leave outside US the approval goes to General which is nuts 🤐

He's army too, but yeah I already know they will never approve it  

[Xia Angela 5]

On 7/28/2020 at 12:17 AM, HRQX said:

Not optimal right now, but I'll just note that nationals of El Salvador have a visa-free 90 day visit option to the Schengen Area. The marriage process in Iceland and Denmark is straightforward. The bureaucracy part can be started remotely and then present the original documents about a week before the wedding.

https://guidetoiceland.is/history-culture/getting-married-in-iceland

https://familieretshuset.dk/en/your-life-situation/your-life-situation/international-marriages/if-you-wish-to-get-married-in-denmark

Marry in Denmark super easy is one of u is EU citizen,its cheap only need passport and BC and u can get 5 marriage certificates in 5 languages and it recognized everywhere (legal)