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

[HandmadeTurnip 150]

1 hour ago, Mrs.Williams said:

I was not engaged when I filed the K-1 visa. He "pop the question" in front of family and friends after he arrived to the states.

 

When you filed the petition for the K-1, you signed a letter saying you intend to get married within the 90 days. So either you were already engaged before filing or you lied.

[Mrs.Williams 34]

1 minute ago, HandmadeTurnip said:

 

When you filed the petition for the K-1, you signed a letter saying you intend to get married within the 90 days. So either you were already engaged before filing or you lied.

Yes, signed the petition stating I was getting married within the 90 days. I don't have to be engaged.. 

[HandmadeTurnip 150]

2 minutes ago, Mrs.Williams said:

Yes, signed the petition stating I was getting married within the 90 days. I don't have to be engaged.. 

 

Planning to get married is literally the definition of "engaged".

[Huckleberry&Koala 184]

12 hours 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!

 

 

 

I think deciding to get married is to be engaged in US culture, contrary to some other countries, like my home country Turkey, meaning people have engagement ceremonies with some senior family member presenting the rings to the couple and the rings are attached with a ribbon, and the ribbon is cut by this senior member after couple wear the rings:) It would depend on how they perceive 'engagement' in the home country, and in some countries, it may even mean 'too married' if you plan to make some kind of party. In some countries, it may help the case, since embassies are generally aware of the culture of the country but either way, engagement is not an official status and there is no such requirement for uscis. Your meeting in 2 years is enough.

[Mrs.Williams 34]

1 minute ago, HandmadeTurnip said:

 

Planning to get married is literally the definition of "engaged".

 As it was clearly stated through out, you do not have to be physically engaged when filing out the  K-1. I did it my way and others have done it there own way. 

[KP0515 7]

12 hours 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!

 

 

 

You do need to be engaged. Part of your application that isn't explicitly explained by expected is a "Statement of Intent." Basically it's a letter signed by both of you (or one letter for each person) that says "My name is . . ., I'm a citizen of this country and it's my intent to marry so-and-so and file for a green card/begin our life together in the States."

 

Do you need an official "proposal?" Not necessarily. My fiancé asked me over FaceTime because he felt dishonest signing the letter without officially asking me XD But I told him he has to propose again once we're finally together again (COVID travel bans) so I can have my big romantic moment. Obviously I'm going to say yes, but it's nice to have the romantic ritual, especially when we sacrifice so much normalcy as K1 couples.

 

Best of luck to you! 

[flicks1998 1,044]

11 hours 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

Everything is so Consulate dependent nowadays due to Covid.  I do not know what the timeline is for getting a K1 interview in Brasil, but some K1 applicants in other countries have been waiting 1.5 years just for the interview.  This does not include the time for their case to be approved in the US and then sent to the Consulate.  Those timeframes are now over 2 years.  However there are other Consulates in different countries that are faster.  Then most likely you will have another 1+ years of AOS once your fiance reaches the US.

 

During this pandemic time, CR1 is by far and away the best route to go.  Also, and what has been mentioned in another thread about K1s, some are being told by USCIS that they will not extend the validity of their K1 and that their applications will be canceled and they need to either re-apply or do a CR1.  Knowing what I know of both processes as of today, there is no doubt that I would do the CR1.  Plus, I believe you can fly to Brasil without restrictions and despite Brasil being on the US banned country list, as a US citizen you can still re-enter the country after your married.

 

 

Edited August 3, 2021 by flicks1998

[allendo 8]

@ALL Thank you for all the support/comments/tips. I will do my research on this and prepare things accurately.

[Joe Kano 327]

42 minutes ago, HandmadeTurnip said:

 

Planning to get married is literally the definition of "engaged".

For sure 

[randy32 165]

In some countries, there is no actual "engagement". Whatever party that was thrown to celebrate the event (copying western culture) is considered the wedding by the CO.

In other countries , once you are engaged, the marriage ceremony becomes a formality. So use that term carefully as it pertains to Brazil.

 

Even using a lawyer, get to know the process and what it entails because this is your life. If he gets it correct, all good. If he messes up, its on you.

 

After researching as best as possible, ask specific questions and it will help fill in the gaps

[carmel34 3,538]

52 minutes ago, flicks1998 said:

Knowing what I know of both processes as of today, there is no doubt that I would do the CR1.  Plus, I believe you can fly to Brasil without restrictions and despite Brasil being on the US banned country list, as a US citizen you can still re-enter the country after your married.

I agree with the advice that a CR-1 is the better way to go for so many reasons.  Having done this after getting married in Brazil, just be aware of the process there.  I had to get my US documents apostilled, which was quite a hassle and took a lot of time, then send those apostilled documents to official government translators in Brazil for translation, then to the local cartorio where the marriage was going to be.  Lots of fees and FedEx charges.  Once all of those documents are accepted by the cartorio, they need a "marriage application" filled out and signed by both parties, if I remember correctly at least one month before the marriage, so that public notices could be posted, I couldn't travel to Brazil to do that so I had a limited power of attorney document drawn up so that my husband's friend could legally sign on my behalf, and that document had to go through the same process of getting apostilled and translated as the civil documents.  Then I flew down to Brazil for the actual marriage ceremony, celebration, and honeymoon, came back with the marriage certificate, and started the I-130 petition process for the CR-1 spousal visa.  So do your research on what it takes for a US citizen to marry a Brazilian in Brazil, it was a hassle but we're glad we did it so my husband's family could be there.  Good luck whatever you decide to do!

[Mike E 11,730]

1 hour ago, carmel34 said:

So do your research on what it takes for a US citizen to marry a Brazilian in Brazil, it was a hassle but we're glad we did it so my husband's family could be there.  Good luck whatever you decide to do!

@allendo
 

The Utah Zoom Marriage makes marriage laws in foreign countries irrelevant.  You can get married in Brazil and not involve the Brazilian authorities.    
 

In the future I think most people (Americans or not) in the world, whether they are immigrating or visiting the USA or not  will be doing the Utah zoom marriage.  Utah will be able to repeal its income, sales, and property taxes.  

Edited August 3, 2021 by Mike E

[allendo 8]

3 minutes ago, Mike E said:

@allendo
 

The Utah Zoom Marriage makes marriage laws in foreign countries irrelevant.  You can get married in Brazil and not involve the Brazilian authorities.    
 

In the future I think most people (Americans or not) in the world, whether they are immigrating or visiting the USA or not  will be doing the Utah zoom marriage.  Utah will be able to repeal its income, sales, and property taxes.  

Hi Mike. Sorry I don't really understand this Utah zoom marriage? It sounds like what it is by the name... you host a wedding through zoom? To be honest.. I'd like to avoid that unless if you can elaborate more.

[Mike E 11,730]

14 minutes ago, allendo said:

Hi Mike. Sorry I don't really understand this Utah zoom marriage? It sounds like what it is by the name... you host a wedding through zoom?

You apply for marriage license online in Utah county, Utah.  You get an appointment to have a Utah county officiant perform your wedding over zoom.  Provided you and your wife are physically next to each other when you both say “I do” or at least before you file I-130, USCIS and the rest of the USA will recognize your marriage.  
 

You get a digital marriage certificate in email right after the ceremony. You get a paper certificate in the mail.  
 

And since is a a bonafide Utah state marriage most of the world recognizes it just like a normal bricks and mortar Utah marriage. 

 

 

Quote

To be honest.. I'd like to avoid that

People reacted similarly to pretty much every technological innovation in the past.  

Edited August 3, 2021 by Mike E

[allendo 8]

10 minutes ago, Mike E said:

You apply for marriage license online in Utah county, Utah.  You get an appointment to have a Utah county officiant perform your wedding over zoom.  Provided you and your wife are physically next to each other when you both say “I do” or at least before you file I-130, USCIS and the rest of the USA will recognize your marriage.  
 

You get a digital marriage certificate in email right after the ceremony. You get a paper certificate in the mail.  
 

And since is a a bonafide Utah state marriage most of the world recognizes it just like a normal bricks and mortar Utah marriage. 

 

 

People reacted similarly to pretty much every technological innovation in the past.  

Interesting. I didn't know that Utah can do that. Thanks for suggesting this option. I will discuss these options with my gf and decide on what would be the best for us. Much appreciated!