K1 Visa Questions

[Ubeta 0]

Hello everyone!

 

Newbie to the website and the whole process here. My fiancee is an American Citizen and we both plan to live and stay in the US eventually. We were thinking about the K1 or the CR-1 Visa and had a few questions regarding the K1 visa process.

 

1. We recently had a consultation with an immigration lawyer and she has stated that depending on the outcome of the upcoming election, that the K1 visa process may no longer be a viable option. We did a brief check on resources but could not find any source pertaining directly to this impact. I was wondering if there is any truth to this statement?

 

2. Assuming time is the main factor and the current covid situation, would it be a logical decision for us to go through the K1 visa process rather than the CR-1 Visa process?

 

3. I understand that for the CR-1 Visa after a certain step, my fiancee would need to establish residency and financial stability back int he US. Similarly, for the K1 Visa, would my fiancee have to be based in the US the whole time during the this process?

 

Also, if anyone had any personal experiences with the K1 Visa process, I would love to hear how the whole process went and how it turned out.

 

Thank you!

 

[HRQX 4,145]

1 hour ago, Ubeta said:

We did a brief check on resources but could not find any source pertaining directly to this impact. I was wondering if there is any truth to this statement?

It's a very wild guess on behalf of the attorney. In order to completely remove K-1 option, congress would have to pass a bill and then the President would need to sign it.

1 hour ago, Ubeta said:

Assuming time is the main factor and the current covid situation, would it be a logical decision for us to go through the K1 visa process rather than the CR-1 Visa process?

@Lucky Cat has great comparison of the pros and cons of the visa options:

You can marry in the US during tourist VWP trip (I'm assuming the beneficiary is citizen of South Korea):

After marriage, the process can be started during that trip: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"