Do I have to be "engaged" to file a K1 Fiance visa?

[allendo 8]

So long story short. My girlfriend and I want to get married. I am a USA citizen and she is from Brazil. We heard that because of COVID the process to get a visa takes a lot longer than usual. Due to this, my gf and I want to start and submit our K1 visa as soon as we can. Our question is... do we have to be "engaged" to file the K1 visa? The reason why we ask this is because my gf and I want to get engaged/propose in person so I have booked my flights to Brazil at the end of the year.

The question is.... am I still able to file/submit the K1 visa now(in like 2 weeks) without us being "engaged/proposed"?

More information for you guys to know:

• I've asked her father/parents for her hand. Her and my family know we are planning to get married next year. My future wife and I have decided on where we are going to live and what months we want to get married(this part still depends on when we can get the visa)
• We've been dating for over a  year and a half. I've been to Brazil three times in the last year and a half and am making a fourth trip at the end of this year(want to propose at that time).
• I can provide my travel itineraries and bank statements of all my transactions that have happened in Brazil
• We have hundreds of pictures together and have almost 1 GB worth of photos/messaged saved/backed up

 

 

Again...we want to know if it is possible to file/submit the K1visa(in like 2 weeks) without us being "engaged/proposed"? We want that special (engagement/proposal) moment to happen in person and that is why we want to wait on getting "engaged" until we see each other again in person. If that doesn't work..... we might have to get engaged online.

Any knowledge/facts would be appreciated! Thank you!

 

 

 

Edited August 3, 2021 by allendo

[payxibka 10,044]

14 minutes ago, allendo said:

So long story short. My girlfriend and I want to get married. I am a USA citizen and she is from Brazil. We heard that because of COVID the process to get a visa takes a lot longer than usual. Due to this, my gf and I want to start and submit our K1 visa as soon as we can. Our question is... do we have to be "engaged" to file the K1 visa? The reason why we ask this is because my gf and I want to get engaged/propose in person so I have booked my flights to Brazil at the end of the year.

The question is.... am I still able to file/submit the K1 visa now(in like 2 weeks) without us being "engaged/proposed"?

More information for you guys to know:

• I've asked her father/parents for her hand. Her and my family know we are planning to get married next year. My future wife and I have decided on where we are going to live and what months we want to get married(this part still depends on when we can get the visa)
• We've been dating for over a  year and a half. I've been to Brazil three times in the last year and a half and am making a fourth trip at the end of this year(want to propose at that time).
• I can provide my travel itineraries and bank statements of all my transactions that have happened in Brazil
• We have hundreds of pictures together and have almost 1 GB worth of photos/messaged saved/backed up

 

 

Again...we want to know if it is possible to file/submit the K1visa(in like 2 weeks) without us being "engaged/proposed"? We want that special (engagement/proposal) moment to happen in person and that is why we want to wait on getting "engaged" until we see each other again in person. If that doesn't work..... we might have to get engaged online.

Any knowledge/facts would be appreciated! Thank you!

 

 

 

Lets check the Instructions.   Instructions say to have met at least once face to face within previous two years.  Says nothing about engaged. 

[allendo 8]

28 minutes ago, payxibka said:

Lets check the Instructions.   Instructions say to have met at least once face to face within previous two years.  Says nothing about engaged. 

@payxibka thanks for the reply! How confident are you in this? I've heard from people that said you need to be "engaged". But what is the definition in being engaged? I found out that you don't to show proof of a ring. https://www.avvo.com/legal-answers/do-you-have-to-be-engaged-to-be-eligible-for-a-k1--2413346.html (I'm planning to get the ring in a few months). My only concern is that do they ask for pictures etc. of engagement? Or providing documentation stating we will get married, documentation on when I asked her parents for her hand will be enough?

[SalishSea 16,977]

1 minute ago, allendo said:

@payxibka thanks for the reply! How confident are you in this? I've heard from people that said you need to be "engaged". But what is the definition in being engaged? I found out that you don't to show proof of a ring. https://www.avvo.com/legal-answers/do-you-have-to-be-engaged-to-be-eligible-for-a-k1--2413346.html (I'm planning to get the ring in a few months). My only concern is that do they ask for pictures etc. of engagement? Or providing documentation stating we will get married, documentation on when I asked her parents for her hand will be enough?

"Engaged" is not a legal status.

 

You both have to show evidence of being free to and willing to marry each other within 90 days.  Usually this is accomplished via a signed statement from both.

 

Btw, if Covid has taught us anything in the world of US immigration, it is that spousal visas are far superior than fiance visas.  Which makes sense, in light of 'fiance' not being a legal relationship like 'spouse.'

5 minutes ago, allendo said:

documentation on when I asked her parents for her hand will be enough?

Not needed.  USCIS does not care.

[allendo 8]

11 minutes ago, Jorgedig said:

"Engaged" is not a legal status.

 

You both have to show evidence of being free to and willing to marry each other within 90 days.  Usually this is accomplished via a signed statement from both.

 

Btw, if Covid has taught us anything in the world of US immigration, it is that spousal visas are far superior than fiance visas.  Which makes sense, in light of 'fiance' not being a legal relationship like 'spouse.'

Not needed.  USCIS does not care.

Hi @Jorgedig appreciate the comment! So my future wife and I actually looked at the spousal visa but we didn't want to be "married" and then be in long distance marriage. Long distance and wanting to be married is hard enough. XD

[SalishSea 16,977]

1 minute ago, allendo said:

Hi @Jorgedig appreciate the comment! So my future wife and I actually looked at the spousal visa but we didn't want to be "married" and then be in long distance marriage. Long distance and wanting to be married is hard enough. XD

I get that.  Just keep in mind that the K-1 is no longer faster, and the big drawback comes with AOS, and the immigrant being unable to travel or work for 8-10 months after arriving.

[allendo 8]

2 minutes ago, Jorgedig said:

AOS

@Jorgedig. Can you tell me more what is AOS? I understand she might not be able to work for a little while and that is fine. I can provide with my salary. As for not being able to travel it is only outside of the USA right? From what I researched she should be able to travel anywhere inside the USA correct?

[SalishSea 16,977]

1 minute ago, allendo said:

@Jorgedig. Can you tell me more what is AOS? I understand she might not be able to work for a little while and that is fine. I can provide with my salary. As for not being able to travel it is only outside of the USA right? From what I researched she should be able to travel anywhere inside the USA correct?

It will be 10 months or so from arrival before she can return to the US if she leaves, or work.   AOS/green card is taking well over a year for most.

 

You should start researching the AOS process ASAP.  

[allendo 8]

34 minutes ago, Jorgedig said:

It will be 10 months or so from arrival before she can return to the US if she leaves, or work.   AOS/green card is taking well over a year for most.

 

You should start researching the AOS process ASAP.  

Understood. I've done some research. I forgot to mention I'm working with a lawyer/attorney for this. He's told me that along with the service/signed contract he will help us with her status change/green card. The lawyer mentioned it would be best if we get "engaged" to further provide more evidence to our visa submission. That is probably true and I understand his concern but I'm just wondering if submitting evidence of being "engaged" crucial or needed. We will provide other evidence of being free to and willing to marry each other within 90 days.  Like the signed statement from both parties, her family and mine, our relationship rings(Brazilian culture) etc.

[TBoneTX 43,522]

Welcome to the forum.

It's recommended that you become a student of the entire immigration process.

This is so you'll have some idea of what's coming and how best to prepare.

You'll also be better able to tell when your lawyer is accurate or less so.

 

"Engaged" status is irrelevant.

You each sign a statement of your intent to marry (research that here).

"Time in each other's physical presence" and multiple visits are your best ammunition.

 

Study this forum before plunging into anything.

Here's one story:  http://www.visajourney.com/forums/topic/410945-k-1-journey-completed/

All the best to you.

[Nasirlahore 28]

The lawyer mentioned it would be best if we get "engaged" to further provide more evidence to our visa submission. 

lawyers  make more money with AOS ,try spousal  visa instead you won't  regret  it.

[Skyman 289]

To me, engaged means you plan to get married so I would say you're already engaged.  There's no legal definition or certification for 'engaged.'  No requirement to give a ring or get on a knee or sign anything.

If for some reason you don't want to label yourself as engaged then how about engaged to be engaged?

[payxibka 10,044]

7 hours ago, allendo said:

@payxibka thanks for the reply! How confident are you in this? ......

 

 My only concern is that do they ask for pictures etc. of engagement? Or providing documentation stating we will get married, documentation on when I asked her parents for her hand will be enough?

100%

 

Pictures?  Some of us didn't submit pictures of any kind with the petition.

 

A statement of intent to marriage from both is recommended. 

 

Asking for parental permission?  They don't care. 

 

You need to validate all your questions against official USCIS information and instructions. "I've heard" can be a really bad source of information,  right up there next to YouTube and Facebook. 

 

[powerpuff 6,050]

Moved from K1 Case Filing and Progress Reports to K1 P&P 

[SteveInBostonI130 3,329]

7 hours ago, allendo said:

Understood. I've done some research. I forgot to mention I'm working with a lawyer/attorney for this. He's told me that along with the service/signed contract he will help us with her status change/green card. The lawyer mentioned it would be best if we get "engaged" to further provide more evidence to our visa submission. That is probably true and I understand his concern but I'm just wondering if submitting evidence of being "engaged" crucial or needed. We will provide other evidence of being free to and willing to marry each other within 90 days.  Like the signed statement from both parties, her family and mine, our relationship rings(Brazilian culture) etc.

 

Those are not required, and USCIS will not care.  It will be just fluff that the case officer will have to spend time reading just to see if they find anything to disqualify you.

 

Per instructions for the I-129F, you need the following:

• Proof petitioner is USCIS
• Both parties free to marry (i.e., if previously married, then divorce decrees)
• Proof both parties met at least once in person within past 2 years
• Signed letters of intent to marry each other within 90 days of arriving to US with K1
• If parties met through a marriage broker, proof broker followed IMBRA requirements

 

After USCIS approves the petition and the case goes to the embassy, the embassy will need the relationship evidence.  The amount of this evidence depends on the embassy - high fraud countries will want more evidence than low fraud countries.

 

As @Jorgedig mentioned, the spouse visa is better than fiance, especially nowadays.  As your wife, your current gf can travel to visit you in the US if she has a visitor's visa.  The travel ban will not apply to her (spouse of USC).  

 

There is not much difference having a long distance relationship with a fiance for 1-2 years vs a spouse for 1-2 years.  

 

The downside of a CR1 is that for the I-130, you will need to present evidence of a bona fide relationship, like what you planned for the K1.  For the CR1, that evidence is beneficial/necessary.