Questions regarding the petition I-129-F for K1 visa

[Want_Serenity 36]

Hi there,

 

Hope everyone is doing well? I've just joined the forum and have a few questions. Apologies if this has been answered elsewhere, it was not intentional

 

First a bit of background about us, my fiancé (US citizen) and I (UK citizen) are in the early stages of filing a petition for a K1 visa, we are currently working as expats in the Middle East. We have been together for almost a year and see each other almost daily. Currently waiting to hear more information, but my fiancé may have to return to the US in the new year for a job opportunity/secondment. I will likely stay here and await the outcome of the application.

 

We would like to know if:

 

1. the petition I-129F can be submitted electronically, or via an embassy overseas or must it be done via post?
2. if it is required for us to have been together for 2years before the K1 visa is approved (please see screenshots below: Section 1B and item 53/54).
3. Has anyone been together for less than two years and received an approval? How do you demonstrate how long you have been together?
4. We should submit the application with engagement photos to support our application

 

I think I spotted some posts on the timelines for processing times to help others get an indication of how long it takes and would like to participate, please can someone help me find it?

 

Thanks in advance for your time and help, it is much appreciated. Also happy to provide more information/clarification if required 

 

Elle

 

[Crazy Cat 42,680]

1.  I-129fs cannot be submitted electronically at this time, nor do you send it to an embassy.  I suggest you read the instructions and guide here on VJ.

2.  It is NOT required to have been together for 2 years before filing.  You have to have MET at least once within 2 years prior to  filing.

3.  See #2 above.

4.  I would not do that if there is any chance the engagement photos could be seen as a traditional marriage.

 

If you are together, why choose a K-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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.
  �

 

 

 

Edited October 17, 2021 by Crazy Cat

[JFH 12,191]

*~*~*procedural questions moved from “progress reports” to “process and procedures”*~*~*

[Want_Serenity 36]

@Crazy Cat

 

You have definitely given us some food for thought. We have heard that the K1 may have a shorter processing time/less time apart, however the work/green card issue is a pertinent point. Thank you for your input and prompt response, we will be reviewing this further and trying to come to decision...

[Crazy Cat 42,680]

5 minutes ago, Expat_Elle said:

@Crazy Cat

 

You have definitely given us some food for thought. We have heard that the K1 may have a shorter processing time/less time apart, however the work/green card issue is a pertinent point. Thank you for your input and prompt response, we will be reviewing this further and trying to come to decision...

After 5 1/2 years here on VJ, I have seen many couples who took the K-1 route, but regretted it later for the very reasons you mentioned.  I have never seen a single CR-1 couple who have said they should have applied for a K-1 instead.  Take that for what it's worth.  Good luck. 

Edited October 17, 2021 by Crazy Cat

[Boiler 46,351]

Marry and DCF seems an option

[HRQX 4,145]

18 hours ago, Expat_Elle said:

we are currently working as expats in the Middle East. We have been together for almost a year and see each other almost daily.

You can marry through the jurisdiction of Utah County. Just the officiant would be in Provo, Utah. You could be together with your fiancé in the UAE during the marriage ceremony. Here is more info:

 

Edited October 18, 2021 by HRQX

[Wuozopo 4,293]

@HRQX

Do they not offer wedding in the Middle East where they both currently live?

 

@Expat_Elle

Do you mind naming the country where you are living? 

 

 

[HRQX 4,145]

4 minutes ago, Wuozopo said:

@HRQX

Do they not offer wedding in the Middle East where they both currently live?

It's probably possible but high odds the Utah County marriage would be the most straightforward option.

[Want_Serenity 36]

@Boiler Thank you for responding, we are definitely considering/weighing up this route

 

@HRQX Wow I didn't even know this was possible...this has opened up another option for us, thank you so much for sharing that 😃

 

@Wuozopo Sure, we live in the United Arab Emirates and could definitely marry here... I guess, we wanted to go the K1 route, as we were told that it was faster by someone who took the CR1 route and found out about the K1 retrospectively. Since my fiancé might have to return to the US for a job in the New Year, (they are shortlisting at the moment), we initially thought that maybe I could follow soon after if the K1 was approved. However, we were not aware of the issues with working and travelling that @Crazy Cat helpfully pointed out via this route. Whilst my fiancé could support us in the US, I would not be happy with not being able to work, travel, or drive if we encountered any problems/delays.

 

Last night we discussed staying here together a little longer and applying for a CR1 visa as recommended. For us there are other things to weigh up such as: going long distance for almost a year during the pandemic if he has leave before our approval is granted, job security for both of us as things can be quite unpredictable and hostile here among a couple other things. I will definitely share what @HRQXhas shared as we continue to make that decision. Thank you so much everyone, you are very helpful!

[Chancy 6,243]

15 hours ago, Expat_Elle said:

we wanted to go the K1 route, as we were told that it was faster by someone who took the CR1 route and found out about the K1 retrospectively.

 

That may have been true years ago, but it is no longer the case now.  In some countries, K1 cases have been languishing for years in the queue for interview, while CR1 cases have been prioritized for processing during the COVID-related delays at consulates worldwide.

 

15 hours ago, Expat_Elle said:

Since my fiancé might have to return to the US for a job in the New Year, (they are shortlisting at the moment)

 

If your spouse-to-be has a job offer that requires short-notice relocation to the US, that could open up the fastest visa route for you: direct consular filing (DCF) with exceptional circumstances --

• Get married, either through local marriage process or via Utah online wedding.
• Send a request to the US embassy in Abu Dhabi for DCF with exceptional circumstances.  Attach job offer with required date of relocation to the US.
• If the embassy approves the request, CR1 via DCF could mean you get visa on hand in around 3 months.
• If not approved, proceed with the "normal" CR1 process by filing the I-130 petition online or via mail to the USCIS lockbox.

Note that the DCF option is only possible for CR1 and while your spouse is living with you in the UAE.

 

[Want_Serenity 36]

@Chancy

 

Thank you so much for lending your support/advice on this!  I was actually just reading up on this yesterday, because of something @Boiler said.  Thank you for the breakdown, its very helpful! So glad I've found this community, you guys are awesome!

 

We are still discussing the best way forward and our options. Until I posted here, we had no idea there were this many! I'm a little sad that some of our loved ones may be excluded from joining us, if we have a marriage ceremony here/elsewhere because of vaccine mandates. And among other things, there is there wedding planning........ I'm confident we will find our way 

[Chancy 6,243]

21 minutes ago, Expat_Elle said:

I'm a little sad that some of our loved ones may be excluded from joining us, if we have a marriage ceremony here/elsewhere because of vaccine mandates.

 

To start the CR1 process, you can do a simple wedding while you are both in the UAE.  Fancy wedding is not required to file the I-130 petition.  Any wedding that will get you a valid marriage certificate is fine.  Then you can have a big "renewal of vows" ceremony after you move to the US, which can be the "wedding" of your dreams, minus the signing of a new marriage certificate.