DCF or K1 visa?

[AmbraDillon 2]

We are stuck and need advice: American and Italian, both living in the Netherlands. Got a job offer in the US and has to relocate in 3 weeks. Considering the current situation (covid travel ban and delays in processing visas), is it better to get married in the Netherlands and apply for Spouse Visa with exceptional circumstances DCF or file the K-1 Fiance Visa? We cannot understand if k1 visas are being processed, but at the same time we worry that the DCF won't be accepted because of such a sudden wedding. 

[Ontarkie 13,920]

~~Moved to What Visa Do I need, form DCF, duplicate thread removed. Please do not start more than one thread for the same or related topic.~~

[HRQX 4,145]

29 minutes ago, AmbraDillon said:

is it better to get married in the Netherlands and apply for Spouse Visa with exceptional circumstances DCF

Yes, marry if you can. After you marry attempt to file the I-130 in US Embassy Amsterdam: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 As a backup plan (i.e. if they ultimately don't accept the local filing attempt), the I-130 can also be filed online: https://www.uscis.gov/i-130

Edited July 10, 2021 by HRQX

[Nitas_man 3,100]

1 hour ago, AmbraDillon said:

We are stuck and need advice: American and Italian, both living in the Netherlands. Got a job offer in the US and has to relocate in 3 weeks. Considering the current situation (covid travel ban and delays in processing visas), is it better to get married in the Netherlands and apply for Spouse Visa with exceptional circumstances DCF or file the K-1 Fiance Visa? We cannot understand if k1 visas are being processed, but at the same time we worry that the DCF won't be accepted because of such a sudden wedding. 

Even DCF takes longer than 3 weeks

[SalishSea 16,817]

1 hour ago, AmbraDillon said:

We are stuck and need advice: American and Italian, both living in the Netherlands. Got a job offer in the US and has to relocate in 3 weeks. Considering the current situation (covid travel ban and delays in processing visas), is it better to get married in the Netherlands and apply for Spouse Visa with exceptional circumstances DCF or file the K-1 Fiance Visa? We cannot understand if k1 visas are being processed, but at the same time we worry that the DCF won't be accepted because of such a sudden wedding. 

If the USC needs to leave in 3 weeks, DCF will not be an option.  

[Boiler 43,576]

They could get married and file in 3 weeks?

[SalishSea 16,817]

4 hours ago, Boiler said:

They could get married and file in 3 weeks?

If the USC petitioner leaves the country to move back, they won't qualify.

[AmbraDillon 2]

Thank you for getting back to us! Now we understand that the USC has to leave too soon for the DCF to work. We are going to file the K1 visa, and we heard that Amsterdam is currently processing visas and booking some interviews. That makes us feel better because it seems like k1 processing has really slowed down.

Does anybody have recent experience with k1 in amst? 

[Scandi 3,972]

1 hour ago, AmbraDillon said:

Thank you for getting back to us! Now we understand that the USC has to leave too soon for the DCF to work. We are going to file the K1 visa, and we heard that Amsterdam is currently processing visas and booking some interviews. That makes us feel better because it seems like k1 processing has really slowed down.

Does anybody have recent experience with k1 in amst? 

Look into the CR-1 visa too, it has tons more positives than the K-1. I was naive when I chose visa, would've much rather have gone for the CR-1 than the K-1 if I had done more research. 

[AmbraDillon 2]

That's interesting, for what we researched it seems that CR-1 takes longer than the K-1 and for now our priority is to be reunited as soon as possible..What are some of the positives that you would have rather gone for?

[Scandi 3,972]

49 minutes ago, AmbraDillon said:

That's interesting, for what we researched it seems that CR-1 takes longer than the K-1 and for now our priority is to be reunited as soon as possible..What are some of the positives that you would have rather gone for?

That's what we thought too, let's choose K-1 because it's faster. We didn't understand the reality of that choice until we were in the middle of the AOS mess. Right now it takes ~8 months just to get a work permit and an advance parole document, if you're lucky it might "only" take 6 months by the time you're filing for it, nobody can predict what will happen. That means 6 whole months (or 8+ months as it is right now) of not being able to work at all, or travel outside the US - in many states it also means you can't even get a drivers license or State ID for that many months.

 

With a CR-1 you're a greencard holder from the day you land in the US. No restrictions, you can work and travel from day 1. Get a drivers license, and everything else all greencard holders can do. 

 

Depending on how backlogged the embassy in your country is, the K-1 may not even be that much faster than a CR-1. I think the petition itself takes 7-8 months anyway right now.

Edited July 11, 2021 by Scandi

[Nitas_man 3,100]

4 hours ago, AmbraDillon said:

Thank you for getting back to us! Now we understand that the USC has to leave too soon for the DCF to work. We are going to file the K1 visa, and we heard that Amsterdam is currently processing visas and booking some interviews. That makes us feel better because it seems like k1 processing has really slowed down.

Does anybody have recent experience with k1 in amst? 

I’d strongly advise getting married and filing immediately before you leave.  CR1 entrant (which your wife will be) can get a SS card, drivers license, fly in and out of the US, and work if she chooses from day 1.  K visas and the adjustment of status / EAD / travel authorization are a pain - this is from experience and we did K3 to get her in the US ASAP when K3/K1 had about the same processing time.

That time period in the US when you’re working and she can’t drive or work or get out and she’s in “pending AOS” status is hard on her dude.  

 

Earlier comment about 3 weeks is also from experience - we did a DCF and although it was quick (really quick) it took a couple months.  

 

Edited July 11, 2021 by Nitas_man

[Dashinka 23,291]

I would also recommend getting married and filing the I130 for a CR1 visa.  Timing is on par with the K1 right now, and all the other benefits already exported by others are big pluses.  Also, I am not entirely up on the Covid travel restrictions from Europe, but I believe there are exceptions for immediate relatives (I could be wrong).

 

Good Luck!

[AmbraDillon 2]

Thanks so much everyone! You really helped us a lot 

We are definitely considering the CR1 now, it seems like the better choice!

Anyone else have experience as a foreign spouse trying to enter the US from Europe with the travel ban? It is possible? 

[Scandi 3,972]

6 minutes ago, AmbraDillon said:

Thanks so much everyone! You really helped us a lot 

We are definitely considering the CR1 now, it seems like the better choice!

Anyone else have experience as a foreign spouse trying to enter the US from Europe with the travel ban? It is possible? 

That's another perk of going the CR1 route, spouses of US citizens are exempt from the ban so they can travel to the US as tourists to see their spouses. Fiancés are not exempt.