K1 - Stupid Question?

[Klara27 3]

Hi,

 

I feel like a complete idiot so please excuse if this question is completely ridiculous (I'm not a US citizen and I am not used to navigating your government sites)

 

I was under the impression that K1 visas currently are not being processed due to COVID-19. Is this just a complete misconception? I currently live in the EU and I was sure that there was no way I could apply for the K1 visa while the pandemic is still raging. But one of my friends just told me that you actually can apply for the visa, despite the pandemic.

If this question has already been asked a million times I am so sorry!

[SalishSea 16,978]

2 minutes ago, Klara27 said:

Hi,

 

I feel like a complete idiot so please excuse if this question is completely ridiculous (I'm not a US citizen and I am not used to navigating your government sites)

 

I was under the impression that K1 visas currently are not being processed due to COVID-19. Is this just a complete misconception? I currently live in the EU and I was sure that there was no way I could apply for the K1 visa while the pandemic is still raging. But one of my friends just told me that you actually can apply for the visa, despite the pandemic.

If this question has already been asked a million times I am so sorry!

It isn't a visa that you "apply for, " until you have an approved I-129F petition.

 

A USC must petition you for the visa.  Petitions are being processed at the USCIS level, even though after approval they are just sitting at the NVC for >6 months after.  When the consulates resume routine processing of K-1s, that flood of approved petitions at NVC will start to move to consulates.

[Klara27 3]

Jorgedig:

Yes, I understand that. My US fiancé is going to petition me for one. Sorry, again, not American so I probably use some wrong terms. 

So, just to clarify, you can petition for the l-129F petition and it can get approved, but it will just be in the pile with the others until K1 visas are processed again?

[SalishSea 16,978]

11 minutes ago, Klara27 said:

Jorgedig:

Yes, I understand that. My US fiancé is going to petition me for one. Sorry, again, not American so I probably use some wrong terms. 

So, just to clarify, you can petition for the l-129F petition and it can get approved, but it will just be in the pile with the others until K1 visas are processed again?

Yep.  I wouldn't look at that as a deterrent though, because by the time your petition gets approved (8-10 months from when you send it), hopefully they'll have a significant chunk of the backlog worked through for the NVC to embassy stage.

Edited December 27, 2020 by Jorgedig

[yvonme 124]

Don’t ever have to apologize on this forum. Never such thing as a stupid question. I’ll always ask. 

[hopefulfor2021 31]

4 hours ago, Klara27 said:

Hi,

 

I feel like a complete idiot so please excuse if this question is completely ridiculous (I'm not a US citizen and I am not used to navigating your government sites)

 

I was under the impression that K1 visas currently are not being processed due to COVID-19. Is this just a complete misconception? I currently live in the EU and I was sure that there was no way I could apply for the K1 visa while the pandemic is still raging. But one of my friends just told me that you actually can apply for the visa, despite the pandemic.

If this question has already been asked a million times I am so sorry!

Not a stupid question at all! If you and your fiance have decided to take the K1 route, might as well file now. They're still processing petitions, but at a slower rate. Now is the best time to 'get in line'. But likewise agree w/ what Jorgedig said:

 

4 hours ago, Jorgedig said:

Yep.  I wouldn't look at that as a deterrent though, because by the time your petition gets approved (8-10 months from when you send it), hopefully they'll have a significant chunk of the backlog worked through for the NVC to embassy stage.

 

 

**I've been advised by a lot of members here to choose the CR1/Spouse route, and I agree with them. It's supposedly a longer time frame (in my country, CR1s have been getting approved faster, and they've also been getting interview schedules), but once you get to the U.S., everything will be easier for you. Cheaper too. Maybe this is something you could look into, too. My fiance, however, still wanted to bank on the K1, as it would take us 3 more months to get married, and for him, that's 3 months into the petition already. Respecting his decision.

[TBoneTX 43,523]

1 hour ago, yvonme said:

Never such thing as a stupid question.

There is when the information is staring someone in the face, whether in the Guides, pinned threads, or easily accessible threads, and the questioner is too lazy to read first.

 

However, Klara27's question is obviously consequent to great effort before asking, so it is not at all stupid.  

[yvonme 124]

3 minutes ago, TBoneTX said:

There is when the information is staring someone in the face, whether in the Guides, pinned threads, or easily accessible threads, and the questioner is too lazy to read first.

 

However, Klara27's question is obviously consequent to great effort before asking, so it is not at all stupid.  

Whoa on this site ppl have those attitudes? To each their own. Yeah I have a lot of hard time finding information. I’ll head over to my lawyer or even Reddit (users seem more open, not know it all’s there). More comfortable space for delicate topics. 

[Ed&Midori1031 330]

Never be afraid to ask ANY question on this forum.  We are all here to help each other out.  Ask away!

[PWB 213]

Don't worry USCIS and the rest of the money collectors in this business are open for your donation.  

[Greenbaum 12,259]

Yes. They will take your money just as though you were buying any other commodity from a retailer. Capitalism is a wonderful thing. You want a commodity that someone else is producing (USCIS) and they trade you that commodity for a payment. You're free to not except the price and move on. Funny how that works. Some get it and others not so.

[Crazy Cat 39,831]

10 hours ago, yvonme said:

I’ll head over to my lawyer or even Reddit (users seem more open, not know it all’s there). More comfortable space for delicate topics. 

You think Reddit is a good source for ACCURATE information?   I do not.

[Orangesapples 1,954]

3 minutes ago, Lucky Cat said:

You think Reddit is a good source for ACCURATE information?   I do not.

I agree. Reddit is not a good source for immigration at all. It's very inaccurate. 

 

Others have already said that a K1 is possible but have you considered a CR1 instead? I came on a K1 and I don't recommend it. It's really tough on the immigrant. You're just stuck at home with nothing to do in a new country for months on end. It took 4 months after entry for me to finally get employment authorization and it felt horrible. The current wait times are even longer (7-8 months). 

 

Of course, during pandemic times, getting married might be a problem. So a K1 might be the only option. 

[JFH 12,189]

I’m probably one of the biggest fans of the CR-1, especially for people from EU and other VWP countries and have always said you couldn’t pay me enough to do a K-1. 
 

However.... in this instance, assuming they meet the requireKent’s to file for a K-1, I do think it’s the best choice. Fiancés from Europe can only visit at the moment by doing a 14-day detour to Mexico or somewhere else not on the banned list. And US citizens are not able to enter Europe  apart from a few specific exceptions (usually only apply to people traveling for essential work or as immediate family of EU nationals - neither of which seem to apply here) so getting married is going to be more complicated and time-consuming than normal.