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

[allendo 8]

Hey guys. Thanks for all the tips and advises. I understand everyone is trying to help. In the end... my gf and I want to do the K1 visa. It sounds like the process would take a bit but we feel like this could be the most safest and most impactful route on our priority and goals. 

[David & Diana R 1,005]

On 8/2/2021 at 7:43 PM, 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.

You're wasting your time with a lawyer.  He/she is ignorant as to the rules/laws.  There really is no such  thing as engaged.  And a fiance visa is gijgto take you a lot longer than a spouse visa. Good luck!

[Chancy 6,233]

8 hours ago, mari04 said:

So K1 is faster and no one will argue.

 

It seems you are not up to date with the general K1 timelines since COVID hit, or just ignored what other posters have said about the recent wait times for K1.  Many K1 couples in many countries, such as the Philippines and Brazil, have been waiting a year or more just for an interview slot, not even counting the time already spent waiting for petition approval.  Many consulates around the world suspended routine K1 visa processing for most of 2020, with some using the Trump travel ban as an excuse to do so.  Regardless, this caused a massive backlog of K1 cases to pile up.  Meanwhile, because CR1/IR1 cases were considered mission-critical, consulates continued processing them or resumed processing much earlier than they did K1 cases.

 

This thread has recent updates about K1 interview wait times in Brazil --

 

 

[mushroomspore 3,043]

13 hours ago, mari04 said:

So K1 is faster and no one will argue. 

COVID has completely lengthened K1 processing times to incredibly frustrating degrees tht many applicants have filed lawsuits over it so it's not really faster. It's also hard to say when it will go back to "normal" since the backlog grows larger every day.

[mushroomspore 3,043]

12 hours ago, allendo said:

Hey guys. Thanks for all the tips and advises. I understand everyone is trying to help. In the end... my gf and I want to do the K1 visa. It sounds like the process would take a bit but we feel like this could be the most safest and most impactful route on our priority and goals. 

Good luck to you and your lady! It's up to every couple to make this decision for themselves. We don't know the nuances of your lives so we can't definitively say one is better for you guys or the other. All we can do is recommend and provide up-to-date facts and our own experiences. If your case has no criminal history and no negative US immigration-related events, then this process is essentially a gigantic formality. If you're fluent in English, you can read and prepare everyrhing yourselves. Just be very very prepared for the long processing times. It will be about 2 years (maybe longer..hard to say because the future has not happened yet) after filing K1 before your girlfriend has her green card that will allow her to work and travel internationally. I strongly recommend reading through the guides here (K1, AOS, Removal of Conditions and N400 Citizenship). K1 is only the first step of a multi-year process and it doesn't end with AOS. At minimum, you will have to do Removal of Conditions as well. Citizenship is optional but good to research anyways. Best of luck.

Edited August 4, 2021 by mushroomspore

[mari04 100]

2 hours ago, mushroomspore said:

COVID has completely lengthened K1 processing times to incredibly frustrating degrees tht many applicants have filed lawsuits over it so it's not really faster. It's also hard to say when it will go back to "normal" since the backlog grows larger every day.

Understood. I did not realize that they prioritized CR1 over K1. Uscis petition processing times look similar between the two. In 2019 it took us 4 months from mailing the petition to visa in hand. While us is processing times used to vary, the time from petition to interview was pretty consistent, 2 months. 

[laylalex 7,262]

Over 6 months since we filed AOS and we're just getting to biometrics next week. Don't count on EAD or AP getting to you quickly.

[allendo 8]

Thanks for all tips and feedback guys. I have started filling out my I-129F

[Ontarkie 13,968]

~~Nearly 20 posts have been removed for derailing this thread. THe OP did not ask about zoom marriages or about AOS. Yes knowing AOS takes awhile is good advice. There was no need to derail 2+ pages from his original question. As the OP has decided on starting the K1 this thread is locked and he is able to start new threads for further processing questions.~~