k1 Some questions about filling the k1 visa.

[Raoul20 3]

Am thinking of filling the k1 fiance visa for my girlfriend whom I've been in a relationship with for 2 years now. She is from Togo but currently resides in France on a student visa. I have visited her several times, and we've visited different countries in europe, and taken lots of pictures. Questions are:

1. Do I need to buy her an engagement ring in order to prove our engagement? I can't do a proper proposal due to the current covid-19 situation.
2. Can I file for her to be processed in paris?
3. Is now the right time to file for a k1, since the covid-19 situation has caused so much trouble in immigration? 
4. Are k1 visa being properly processed now? 
5. What is the income requirement to qualify. Do you have to have a certain income limit? 

 

[payxibka 10,045]

8 minutes ago, Raoul20 said:

Am thinking of filling the k1 fiance visa for my girlfriend whom I've been in a relationship with for 2 years now. She is from Togo but currently resides in France on a student visa. I have visited her several times, and we've visited different countries in europe, and taken lots of pictures. Questions are:

1. Do I need to buy her an engagement ring in order to prove our engagement? I can't do a proper proposal due to the current covid-19 situation.
2. Can I file for her to be processed in paris?
3. Is now the right time to file for a k1, since the covid-19 situation has caused so much trouble in immigration? 
4. Are k1 visa being properly processed now? 
5. What is the income requirement to qualify. Do you have to have a certain income limit? 

 

1.  No

2.  You don't file for the visa, she does.  If she is legally resident in France,  then she can

3.  No reason not to stary the petition to wait even with current delays 

4.  Delays exist 

5.  Google i864p

[Dashinka 24,593]

13 minutes ago, Raoul20 said:

Am thinking of filling the k1 fiance visa for my girlfriend whom I've been in a relationship with for 2 years now. She is from Togo but currently resides in France on a student visa. I have visited her several times, and we've visited different countries in europe, and taken lots of pictures. Questions are:

1. Do I need to buy her an engagement ring in order to prove our engagement? I can't do a proper proposal due to the current covid-19 situation.

No, this is not required.

Quote

1. Can I file for her to be processed in paris?

She will be processed in the country she is legally residing in when she applies for the visa.

Quote

1. Is now the right time to file for a k1, since the covid-19 situation has caused so much trouble in immigration? 
    

Hard to say, K1s have taken a back seat at the consulates, so I would expect a big backlog and increased timeframe in the near future.  You may also consider a CR1 if you want to get married first, but if you are intent on a K1, you might as well file and get in line.

Quote

1. Are k1 visa being properly processed now? 
    

I believe most consulates are not processing K1s right now.

Quote

1. What is the income requirement to qualify. Do you have to have a certain income limit? 

 

Depending on the household size, and where you live, you have to meet the minimum requirements from HHS.

 

https://www.uscis.gov/i-864p

Edited December 28, 2020 by Dashinka

[Raoul20 3]

16 minutes ago, payxibka said:

1.  No

2.  You don't file for the visa, she does.  If she is legally resident in France,  then she can

3.  No reason not to stary the petition to wait even with current delays 

4.  Delays exist 

5.  Google i864p

2. Does that mean I don't have to do all the paperwork and send it to the Dropbox in Texas? I am the American citizen, I thought I was the one to file the first step. Please elaborate on this, because am a bit confused.

[payxibka 10,045]

4 minutes ago, Raoul20 said:

2. Does that mean I don't have to do all the paperwork and send it to the Dropbox in Texas? I am the American citizen, I thought I was the one to file the first step. Please elaborate on this, because am a bit confused.

Two phases of the process so using proper terminology is key to getting correct answers.

 

Petition phase prepared by USC and sent to USCIS

 

Visa application phase prepared by alien and submitted to overseas consulate which is done after the petition has been approved 

Edited December 28, 2020 by payxibka

[Raoul20 3]

15 minutes ago, payxibka said:

Two phases of the process so using proper terminology is key to getting correct answers.

 

Petition phase prepared by USC and sent to USCIS

 

Visa application phase prepared by alien and submitted to overseas consulate which is done after the petition has been approved 

Ok perfect, understood. 

[Raoul20 3]

1 minute ago, Raoul20 said:

Ok perfect, understood. 

So, no engagement ring needed to petition? 

[JFH 12,190]

53 minutes ago, Raoul20 said:

Am thinking of filling the k1 fiance visa for my girlfriend whom I've been in a relationship with for 2 years now. She is from Togo but currently resides in France on a student visa. I have visited her several times, and we've visited different countries in europe, and taken lots of pictures. Questions are:

1. Do I need to buy her an engagement ring in order to prove our engagement? I can't do a proper proposal due to the current covid-19 situation.
2. Can I file for her to be processed in paris?
3. Is now the right time to file for a k1, since the covid-19 situation has caused so much trouble in immigration? 
4. Are k1 visa being properly processed now? 
5. What is the income requirement to qualify. Do you have to have a certain income limit? 

 

1. No. 
2. Assuming she will still be there by the time the interview rolls around, yes. If her student visa will expire and she has to return home you will need to switch the case to her homeland. 
3. The right time to file for a K-1 is when you are ready to marry. Only you two will know when that is.

4. The petitions are being processed as normal by USCIS. The approved petitions are then being stacked in a pile waiting for the embassies to resume visa processing. You can start now and take a place in line. 
5. see the I-134 for that. Keep in mind that having enough income to get through the interview approval is just a small battle in the total war. Living together on that amount of money (she won’t be able to work for many months), providing her with healthcare, etc is quite something else. Is she happy to sit around unemployed for months and months after all that work she has put into her studies?

[JFH 12,190]

7 minutes ago, Raoul20 said:

So, no engagement ring needed to petition? 

No. Engaged is not a legal status. An engagement ring carries no significance whatsoever. I am on my second marriage and have never had an engagement ring. 

[Crazy Cat 41,981]

1 hour ago, Raoul20 said:

So, no engagement ring needed to petition? 

The guide section of this website is pretty good.

 

[Raoul20 3]

1 hour ago, JFH said:

1. No. 
2. Assuming she will still be there by the time the interview rolls around, yes. If her student visa will expire and she has to return home you will need to switch the case to her homeland. 
3. The right time to file for a K-1 is when you are ready to marry. Only you two will know when that is.

4. The petitions are being processed as normal by USCIS. The approved petitions are then being stacked in a pile waiting for the embassies to resume visa processing. You can start now and take a place in line. 
5. see the I-134 for that. Keep in mind that having enough income to get through the interview approval is just a small battle in the total war. Living together on that amount of money (she won’t be able to work for many months), providing her with healthcare, etc is quite something else. Is she happy to sit around unemployed for months and months after all that work she has put into her studies?

Very helpful answer. I had discussed the waiting unemployed part with her. And I told her how things will go. I will be taking care of us until her documents are ready. Now that you brought it up, am going to emphasize that for her. 

[Dashinka 24,593]

23 minutes ago, Raoul20 said:

Very helpful answer. I had discussed the waiting unemployed part with her. And I told her how things will go. I will be taking care of us until her documents are ready. Now that you brought it up, am going to emphasize that for her. 

One very big benefit of the CR1 is being able to work almost immediately upon arrival.

[Raoul20 3]

3 minutes ago, Dashinka said:

One very big benefit of the CR1 is being able to work almost immediately upon arrival.

Yeah but it takes a long time. We have already spent a lot of time in long distance. And so we want to be closer to each other. 

One other question. 

• With her living in france, does her student visa and carte de séjour count as a legal resident?

[Dashinka 24,593]

17 minutes ago, Raoul20 said:

Yeah but it takes a long time. We have already spent a lot of time in long distance. And so we want to be closer to each other. 

One other question. 

• With her living in france, does her student visa and carte de séjour count as a legal resident?

That is understandable, but keep in mind that consulates are processing CR1s, but they are not doing K1s, so the advantage of speed of a K1 is somewhat nullified.  That along with the fact that the CR1 is a lot cheaper.  If you are still weighing your options, I would suggest looking at both options.

 

I am not sure if a student visa counts as a French legal resident, but I would expect it means that she is legally in the country.  I am not familiar with French immigration laws, but if it is like the US, a student visa only allows a person in the US for purposes of school, and training, but it does not mean they are a legal permanent resident of the US.

[payxibka 10,045]

25 minutes ago, Raoul20 said:

Yeah but it takes a long time. We have already spent a lot of time in long distance. And so we want to be closer to each other. 

One other question. 

• With her living in france, does her student visa and carte de séjour count as a legal resident?

Most likely