K1 Visa timeline with Covid (merged threads)

[Anikka 6]

Hey everyone. My partner and I are planning to file a K1, but I’m unsure how the timeline is working with COVID restrictions seeing as how the US isn’t allowing travel from UK for  Brits yet. Anyone have any idea what’s happening? Let’s say we file the K1 in August, will it be accepted and whatever, or will it get denied and then we have to file again once the travel restrictions open up? Please - any help would be so appreciated…

[HRQX 4,145]

20 minutes ago, Anikka said:

seeing as how the US isn’t allowing travel from UK for  Brits yet.

After your partner gets the K-1 visa she can travel directly to the US, but would need a recent negative COVID-19 test result or documentation of recovery before boarding the flight (assuming that requirement is still in place at that point):

• https://travel.state.gov/content/travel/en/News/visas-news/updates-to-national-interest-exceptions-for-regional-covid-proclamations.html "The Secretary has determined that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under the geographic COVID Presidential Proclamations (9984, 9992, and 10143)."
• https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-international-air-travelers.html

25 minutes ago, Anikka said:

My partner and I

Another option is to marry and then start IR-1/CR-1 visa process. Utah allows a marriage via ZOOM. But after that marriage and before filing I-130 petition you have to meet in person (this can be anywhere in the world) in order to be able to file I-130 petition; see INA 101(a)(35): "The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

[Anikka 6]

Hi thank you for your input! So you’re saying that the government is processing K1 visas right now, even in the current Covid climate?

[HRQX 4,145]

4 minutes ago, Anikka said:

So you’re saying that the government is processing K1 visas right now, even in the current Covid climate?

Yes, they are. But note that the K-1 process in London is now way slower than before the pandemic: https://www.visajourney.com/forums/topic/766710-latest-family-us-visa-processing-trends-from-uk-canada-china-vietnam-india-philippines-mexico-jamaica-dominican-republic-yikes/

K-1 process now takes about the same time as IR-1/CR-1.

[Anikka 6]

What are the main differences between the K1 and the CR-1? 

[HRQX 4,145]

4 minutes ago, Anikka said:

What are the main differences between the K1 and the CR-1? 

Here is @Lucky Cat's comparison:

23 hours ago, Lucky Cat said:

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[Anikka 6]

Oh my God this is so confusing. 

[Keithn85 400]

22 hours ago, Anikka said:

Oh my God this is so confusing. 

Adjustment of status = changing from non-immigrant to an immigrant (K1 needs this because the beneficiary arrives to the US unmarried)

EAD = work permit during the Adjustment of status because until the beneficiary receives a green card, they legally cannot work in the US without this permit
Advance Parole = the ability to travel outside of the US on approved cases.  The beneficiary cannot travel without this before the green card is issued

Pre-covid, you paid generously to go through a K-1 for sometimes faster results.  This is why the K-1 was so popular.  The reason the above people are suggesting the possibility of the CR-1 is none of the above matters once the spouse lands on US soil.  And with London embassy processing more CR-1s than K-1s at this moment, the timeline might be the same for both and you are saving the money going the CR-1 route instead of spending it for the same amount of time and effort.  You can use that to travel during the CR-1 processing period or something else.  

But ultimately, the decision is up to you on how you want to approach this.  We chose a K-1 because my fiancée did not want to pursue a CR-1.  We did some research and decided to go with the K-1.  She understands that she cannot work or travel outside of the US for possibly the first 6-8 months (once we start the Adjustment of Status process) and we both are ok with this.  Best wishes to whatever path you choose because in the end, it is your relationship that will come through.

 

[Anikka 6]

Hi everyone. My fiancé and I are ready to file, but I keep getting conflicting answers. Is the USA accepting applications right now? Is it worth sending our application in yet, or is it best to just wait until the US let’s the UK travel here?

[HRQX 4,145]

24 minutes ago, Anikka said:

Is the USA accepting applications right now?

USCIS never stopped accepting and processing petition forms.

25 minutes ago, Anikka said:

the US let’s the UK travel here?

As you were already informed a few weeks ago, K-1 visa holders can travel directly to the US from the UK: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

These three categories of travelers are automatically considered for National Interest Exception (NIE) at the Port of Entry and do not require advance approval of a NIE from an embassy or consulate.

• immigrants of all categories (not applicable to Proclamation 10199, which only covers nonimmigrant travel);
• fiancé(e)s of U.S. citizens and their dependents (K visas);
• Students (F and M visas) as described here;
• New or returning students present in China, Brazil, Iran, South Africa, or India may arrive  no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT);

[Anikka 6]

Okay. My question was if uscis is accepting and processing K1 visas because I read on the uscis website that they are not processing K1 visas right now…

[HRQX 4,145]

2 minutes ago, Anikka said:

because I read on the uscis website that they are not processing K1 visas right now…

Source?

[Anikka 6]

https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html

 

“On January 25, 2021 President Biden signed P.P. 10143 continuing the suspension of entry of certain travelers physically present in the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil, and expanding restrictions to include travelers present in South Africa.”

and

 

“K visa applicants who are physically present in a country covered by any of the COVID related geographic proclamations, who are not plaintiffs in Milligan v. Pompeo, and who are not eligible for a National Interest Exception cannot be issued a K visa and thus will not be scheduled for a K visa interview while the geographic proclamations remain in effect.  K fiancé visa applicants are not spouses of U.S. citizens and therefore are subject to the geographic proclamations.”

[HRQX 4,145]

2 minutes ago, Anikka said:

https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html

 

“On January 25, 2021 President Biden signed P.P. 10143 continuing the suspension of entry of certain travelers physically present in the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil, and expanding restrictions to include travelers present in South Africa.”

and

 

“K visa applicants who are physically present in a country covered by any of the COVID related geographic proclamations, who are not plaintiffs in Milligan v. Pompeo, and who are not eligible for a National Interest Exception cannot be issued a K visa and thus will not be scheduled for a K visa interview while the geographic proclamations remain in effect.  K fiancé visa applicants are not spouses of U.S. citizens and therefore are subject to the geographic proclamations.”

1. That is the DOS website; not the USCIS website. https://www.uscis.gov/
2. That DOS info was superseded by the June 24, 2021 NIE update. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

[payxibka 10,045]

2 minutes ago, Anikka said:

https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html

 

“On January 25, 2021 President Biden signed P.P. 10143 continuing the suspension of entry of certain travelers physically present in the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil, and expanding restrictions to include travelers present in South Africa.”

and

 

“K visa applicants who are physically present in a country covered by any of the COVID related geographic proclamations, who are not plaintiffs in Milligan v. Pompeo, and who are not eligible for a National Interest Exception cannot be issued a K visa and thus will not be scheduled for a K visa interview while the geographic proclamations remain in effect.  K fiancé visa applicants are not spouses of U.S. citizens and therefore are subject to the geographic proclamations.”

Outdated information as it relates to k1s

 

BTW, the USCIS doesn't issue visas but only processes the petition.