Will the K-1 Speed up at all?

[Theonlywhale 1]

My fiance and I will be starting the K-1 Process in early August. I understand that there was/is a serious backlog due to COVID. As things are reopening, are processing times likely to return closer to pre-COVID times sooner rather than later? We'd like to have our wedding in August of next year, but that seems impossible with the current processing times. Any thoughts?

 

If it's any help, she is from the United Kingdom but living in Japan. She would be going through the Tokyo embassy. 

[Chancy 6,241]

22 minutes ago, Theonlywhale said:

My fiance and I will be starting the K-1 Process in early August.

 

Why wait until August?  Have you not met in person within the past 2 years?

 

[Theonlywhale 1]

2 minutes ago, Chancy said:

 

Why wait until August?  Have you not met in person within the past 2 years?

 

We're currently living together in Japan and have been for 4 years now. I'll be permanently returning to the US in August and figured it would be easier to file from there. Do you think it would be better to star now and file from Japan?

[Chancy 6,241]

21 minutes ago, Theonlywhale said:

We're currently living together in Japan and have been for 4 years now. I'll be permanently returning to the US in August and figured it would be easier to file from there. Do you think it would be better to star now and file from Japan?

 

If you're living together now, it would be better to get married and pursue CR1.  Unless you have some emotional resistance to being apart as newlyweds, as opposed to being apart while engaged?  If you decide to take the CR1 route, you have the option of filing your petition online.

 

In any case, you can file your petition (whether an I-129F for K1 or an I-130 for CR1) from anywhere in the world.  No benefit to waiting, given that you have so much more time together in person than majority of couples going through the visa process.  Just set your mailing address in the forms to a US address since you're returning in August anyway.

 

By the way, are you moving back because of a job offer in the US?

 

Edited June 30, 2021 by Chancy
question on move to US

[Theonlywhale 1]

50 minutes ago, Chancy said:

 

If you're living together now, it would be better to get married and pursue CR1.  Unless you have some emotional resistance to being apart as newlyweds, as opposed to being apart while engaged?  If you decide to take the CR1 route, you have the option of filing your petition online.

 

In any case, you can file your petition (whether an I-129F for K1 or an I-130 for CR1) from anywhere in the world.  No benefit to waiting, given that you have so much more time together in person than majority of couples going through the visa process.  Just set your mailing address in the forms to a US address since you're returning in August anyway.

 

By the way, are you moving back because of a job offer in the US?

 

Thanks for the input. I think I'll get started right away then.

 

We have no objection to getting married here. It's just somewhat difficult given the timeframe. It requires a trip to both embassies which are on opposite sides of the country and the Olympics will be happening at that point which could be an obstacle. 

 

I'm moving back to start graduate school.

[Chancy 6,241]

20 minutes ago, Theonlywhale said:

We have no objection to getting married here. It's just somewhat difficult given the timeframe. It requires a trip to both embassies which are on opposite sides of the country

 

In that case, Utah Zoom marriage could be an option for you.  Key point is to have evidence that you were together in person during or after the wedding before filing your petition to start the CR1 process.

 

 

[payxibka 10,045]

5 hours ago, Theonlywhale said:

We're currently living together in Japan and have been for 4 years now. I'll be permanently returning to the US in August and figured it would be easier to file from there. Do you think it would be better to star now and file from Japan?

The sooner the better 

[JeanneAdil 6,533]

your question of (are processing times likely to return closer to pre-COVID times sooner rather than later  got me lookin))g at stats on # of cases USCIS deals with according to end of 2020 report 

and of course there was a dramatic decrease in 2020 because of covid (people not being able to travel to meet and / or marry)

 

But USCIS says this 

In particular, USCIS completed more I129 (Petition for Nonimmigrant Worker) petitions in FY2020 than in FY2019. In addition, while USCIS offices were closed to the public, prioritization was placed on processing other benefit types that do not require an in-person interview. As a result, USCIS processed more I-130 (Petition for Alien Relative) petitions this year than in FY 2019. Once USCIS offices re-opened to the public, USCIS focused on holding naturalization ceremonies for those awaiting the oath of allegiance and rescheduling naturalization interviews according to social distancing guidelines.

 

But many of the USCIS approved sitll sit at NVC 

you have to remember that the longer a CR1 sits at NVC it can become an IR1 and a 10 year green card means no ROC after 2 years (speeds that up)

but the huge increase in 2019 is allowing  those who have met the naturalization guidelines to apply for parents (increasing those family petitions as we see every day in VJ)

The K1 is the slowest of the processes as it means the original petiton, interview,   Marriage,  applying for AOS,  EAD and AP and then ROC later 

 

and the huge #'s of petitions in 2017 slowed things as 3 to 5 years later (2020 and 2022) these immigrants are eligble under 3 or 5 rule for citizenship making more than normal petitions in that field

 

this summer the embassies start dealing with DV lottery winners (another thing to slow things down at embassy level along with officers going on vacations)

 

all in all   -don't expect anything to speed up soon

[P0907 127]

The easiest way to speed up the process is to apply earlier.

[Rocio0010 5,579]

Get married now and file for CR-1. You can then come back to the US while your spouse awaits abroad. Once she enters the US, she’ll be granted a gc and can start working right after. 

[Eric and Hope 7]

17 hours ago, Theonlywhale said:

We're currently living together in Japan and have been for 4 years now. I'll be permanently returning to the US in August and figured it would be easier to file from there. Do you think it would be better to star now and file from Japan?

 

You need to do a Consular Processing, or Direct Consular Filing, and you should do Asap. (tomorrow)

[SalishSea 17,914]

5 hours ago, Eric and Hope said:

 

You need to do a Consular Processing, or Direct Consular Filing, and you should do Asap. (tomorrow)

They're not married, so as of tomorrow, they cannot.

 

DCF is no longer, so it would be an "exceptional circumstances" request to the consulate, which may or may not work.