Can my fiance and I live together (outside the US) while doing the K-1 process?

[nineohtwo 8]

I feel like an annoying gnat always buzzing around asking questions here, lol. Thank you all for your patience! This forum is awesome and filled with so many nice people. 

 

Recap: fiance (Dutch) and I (American with Italian dual citizenship) live in Italy. We've been together since 2014 and live in Italy together since 2018. 

 

We've done a bit of considerable back and forth on the matter and both agree that the k-1 visa is appropriate for our situation because it would allow us to move to the US quicker which is important for us. That said, my question is: can he and I continue to live together in Italy while waiting for the k-1 visa? Or do I have to go to the US first and precede him?

 

Thanks, all! 

Edited July 19, 2021 by nineohtwo

[payxibka 10,044]

1 minute ago, nineohtwo said:

I feel like an annoying gnat always buzzing around asking questions here, lol. Thank you all for your patience! This forum is awesome filled with so many people. 

 

Recap: fiance (Dutch) and I (American with Italian dual citizenship) live in Italy. We've been together since 2014 and live in Italy together since 2018. 

 

We've done a bit of considerable back and forth on the matter and both agree that the k-1 visa is appropriate for our situation because it would allow us to move to the US quicker which is important for him (not so much for me). That said, my question is: can he and I continue to live together in Italy while waiting for the k-1 visa? Or do I have to go to the US first and precede him?

 

Thanks, all! 

As long as you enter the USA before or at the same time as the immigrant your good.

[nineohtwo 8]

Oh, great! So we could move to the US together then.

 

That makes me happy!

[SalishSea 16,737]

13 hours ago, nineohtwo said:

Oh, great! So we could move to the US together then.

 

That makes me happy!

K-1 is no longer quicker than CR-1 though, plus K-1s cannot travel or work for upwards of 8 months after arrival.

[Removed20210801 22]

Do a CR1. The K1 is pretty much a joke at this point and should only be used if you absolute have no way to meet and get married.

 

 

[Romelus21 12]

Do you have to live together to do the CR1? I have no way to live with my spouse in his country and he cannot come to the US to live until after legally approved. How would we provide proof of marriage other than a marriage certificate if we cannot live together until he can legally come to the US?

[nineohtwo 8]

6 hours ago, Jorgedig said:

K-1 is no longer quicker than CR-1 though, plus K-1s cannot travel or work for upwards of 8 months after arrival.

This is interesting. Can you speak some more about this?

Literally every single source I read says the opposite (that K-1 is quicker if you want to get to the US right away). 

[Unlockable 7,306]

2 hours ago, nineohtwo said:

This is interesting. Can you speak some more about this?

Literally every single source I read says the opposite (that K-1 is quicker if you want to get to the US right away). 

There is no "right away" with immigration. Even before Covid it was taking a year for K1 visas and 1.5 years for spousal visas. 

 

Spousal visas are far more superior than fiance visas. As mentioned, when the immigrant comes here, they would practically stuck here without being able to work, travel out of the US, or sometimes can't even get a driver's license for months. Tack on the pressure of getting married in 90 days. Then after marriage you have to file for Adjustment of Status which is an extra $1200 (spousal visa does NOT have this step). And as you can see, the fiance visa has many challenges.

 

With the spousal visa, your husband can start working from Day 1 of entering the US. He will become a permanent resident on Day 1 of entering the US. And there is no extra requirement  or fees to change his status. And if he gets home sick, or you want to do a honeymoon in another country, he can turn around and leave the US and be allowed back in. With the K1 he would not be able to leave the US until he gets travel authorization which, again, takes months.

 

You can do a search on this site to see why the K1 is not as attractive as you think it is. 

[KayDeeCee 4,891]

Completely up to you, but if you're already living together and planning on getting married and living in the US, why not get married and file for the CR-1 instead? You would be gathering even more evidence of valid marriage while living together waiting for the visa interview. She would become a permanent resident upon entry with a spousal visa. 

[Chancy 6,233]

8 hours ago, nineohtwo said:

Literally every single source I read says the opposite (that K-1 is quicker if you want to get to the US right away). 

 

Maybe before COVID.  In recent years there is no guarantee that K1 processing will be faster that CR1.  For most of 2020, K1 applicants from the Schengen area had to sue the US government just to get a visa interview at the consulate.

 

[VisaPerson 12]

On 7/20/2021 at 11:03 AM, Jorgedig said:

K-1 is no longer quicker than CR-1 though, plus K-1s cannot travel or work for upwards of 8 months after arrival.

Hi! Speaking from experience here. Both my fiancé and I are living together outside of the US. We mailed our petition via FedEx on February 21, 2021 (USCIS received it on February 25), and we received our approval notice on April 28. Our country's embassy received and mailed us our instruction packet on July 1.We've scheduled our interview for August 10 (could have scheduled earlier, but didn't notice the packet until July 17).

 

I'd say that's pretty quick compared to CR-1!

Edited July 21, 2021 by VisaPerson

[Chancy 6,233]

17 minutes ago, VisaPerson said:

I'd say that's pretty quick compared to CR-1!

 

Your profile indicates your case is at South Korea, a country not affected by the COVID travel ban.  OP's case will likely be assigned to a consulate in the Schengen area, where K1 visa processing was suspended for most of 2020 because of that travel ban.  How is your case timeline indicative of the OP's potential wait time?

 

[VisaPerson 12]

3 minutes ago, Chancy said:

 

Your profile indicates your case is at South Korea, a country not affected by the COVID travel ban.  OP's case will likely be assigned to a consulate in the Schengen area, where K1 visa processing was suspended for most of 2020 because of that travel ban.  How is your case timeline indicative of the OP's potential wait time?

 

Oh! I guess I was replying to the posters who seemed to be saying that in general CR-1 and K1 visa wait times were now identical, since my experience is a bit different. I didn't realize these posts were in response to the specifics of the OP's country of residence.

My apologies!

[Chancy 6,233]

2 minutes ago, VisaPerson said:

Oh! I guess I was replying to the posters who seemed to be saying that in general CR-1 and K1 visa wait times were now identical, since my experience is a bit different. I didn't realize these posts were in response to the specifics of the OP's country of residence.

 

It's also true that many here would assert that in general, K1 is no longer faster than CR1, based on the depressing trends below and reports from VJ members.  You and the other K1 applicants in your home country are just lucky.  Applicants in most other countries are not as fortunate, particularly those from the Schengen area.  Also, in the Philippines (where around 20% of all K1 cases worldwide for 2019 were processed), most people with petitions approved in 2020 are still waiting for a visa interview slot at the embassy.

 

 

[VisaPerson 12]

Just now, Chancy said:

 

It's also true that many here would assert that in general, K1 is no longer faster than CR1, based on the depressing trends below and reports from VJ members.  You and the other K1 applicants in your home country are just lucky.  Applicants in most other countries are not as fortunate, particularly those from the Schengen area.  Also, in the Philippines (where around 20% of all K1 cases worldwide for 2019 were processed), most people with petitions approved in 2020 are still waiting for a visa interview slot at the embassy.

 

Oh, wow... I had no idea. Very sorry to hear that 😕 I'd be devastated to find out that K-1 visa times have grown significantly slower in Korea mid-visa application. 

Here's to hoping it'll get better in the future in other places!