Should I File for a K-1 or Wait?

[grant_9 0]

Hello Everybody,

 

It has been a pleasure reading all of your stories. I have learned so much about the K1 Visa process that I'm considering tackling without a lawyer. Before I do that, I'd like to know whether it would even be wise to file a K-1 Visa at this point.

 

My Serbian fiancé and I met on a language learning app in November of 2021. I had been to Serbia the previous summer (2021) and agreed to teach English, which is my job in the states, in the summer of 2022. After about 6 weeks of talking on the app, we became more intimate and romantic. We exclusively started dating in February, but we wanted to confirm all of this in person. Luckily, we knew that I was going to be in Serbia for 56 days in the summer. We made the decision to live with each other for that entire duration.

 

She speaks English well, so there was not a language barrier. She is three years older than me (I'm 25 and she's 28). We met, and we loved every moment with each other.  Because of this, we started documenting our relationship, taking pictures together basically every day. I met all of her significant family members. On July 20th, we had a serious talk with each other and officially became engaged.

 

So far, these are the forms of evidence that I have collected for meeting in person:

 

• 20 pictures together, including some with her family
• Correspondence with the English School that I taught at
• A letter of recommendation from that school stating I taught at the school for my time in Serbia
• Boarding passes
• A foreign insurance policy
• Correspondence with my Airbnb landlords
• Bank statements
• Plane receipts
• Passport stamps

 

These are my forms of evidence that I have collected for evidence of an ongoing relationship:

 

• Text messages
  • This one scares me. Neither of us have access to more than one text message from November, December, and January. Our phones both reset in some way.
  • Starting in March, I have access to all of our calls and texts. We text every day.
• Letters of support from friends and family
• A letter from a minister stating he would marry us upon her arrival

 

Things that scare me about the case and possible denial:

 

• No engagement ring, ceremony, or celebration
• We lost most of our correspondence from November, December, and January
• We have only met once (albeit, for 56 days of living together)
• We have only known each other for around 10 months at the time of filing

 

Lastly, here is some additional information about our case:

 

• Neither of us have ever been arrested at any time in our lives
• I have never taken government assistance 
• I meet all income requirements
• She has never applied for a Visa in the United States
• Neither of us has ever been married or divorced
• I plan on giving her a ring in December. On this trip we will stay together for 3 weeks
• We will live together again in the summer of 2023

 

I really appreciate your thoughts and opinions on our case. Should we wait longer, or is this sufficient to be approved for a K1 Visa? Thank you, and I wish all of you the best of luck on your immigration journeys!

[powerpuff 5,905]

It’s more than sufficient. You should file now because the wait times are extremely long for K1.
 

I will always say this: I do not believe that text messages/chats are good evidence, you have plenty of other more quality evidence. Similarly, “letters of support” from friends and family are also not high quality evidence. Personally we included none of that in our petition.

[grant_9 0]

5 minutes ago, powerpuff said:

It’s more than sufficient. You should file now because the wait times are extremely long for K1.
 

I will always say this: I do not believe that text messages/chats are good evidence, you have plenty of other more quality evidence. Similarly, “letters of support” from friends and family are also not high quality evidence. Personally we included none of that in our petition.

Thank you! I am perfectionist, and when I saw that the approval rate was between 60-70% now, I started fearing that we may not have enough for the consular stage. We are both aware of the long waiting times, but we know it will be worth it. 

[powerpuff 5,905]

2 minutes ago, grant_9 said:

I saw that the approval rate was between 60-70% now

Would you mind sharing the source? I’m curious to see 

[grant_9 0]

4 minutes ago, powerpuff said:

Would you mind sharing the source? I’m curious to see 

Here is the site that scared me a bit. I know it is not an official government website, but I get very paranoid about these things. It's a blessing and a curse lol my paranoia causes me to overprepare.

 

https://visarefusal.com/inadmissibility/k-1-visa-refusals/

[Crazy Cat 39,261]

9 minutes ago, grant_9 said:

Here is the site that scared me a bit. I know it is not an official government website, but I get very paranoid about these things. It's a blessing and a curse lol my paranoia causes me to overprepare.

 

https://visarefusal.com/inadmissibility/k-1-visa-refusals/

That is an attorney's site.  They want to take your money for something you can do, yourself.

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

[grant_9 0]

2 minutes ago, Crazy Cat said:

That is an attorney's site.  They want to take your money for something you can do, yourself.

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

Hey there, thanks for replying about the site. We are generally fine with the stipulations attached to the K1 Visa. I'm just worried about being denied the K1 visa. She thinks I'm being ridiculous, which is probably true. Looking at the details of our case, do you see any red flags, or are we good to go?

[powerpuff 5,905]

4 minutes ago, grant_9 said:

Hey there, thanks for replying about the site. We are generally fine with the stipulations attached to the K1 Visa. I'm just worried about being denied the K1 visa. She thinks I'm being ridiculous, which is probably true. Looking at the details of our case, do you see any red flags, or are we good to go?

You’re definitely overthinking. K1 denials are rare and I see no “red flags” in your case form what you told us 

[Crazy Cat 39,261]

13 minutes ago, grant_9 said:

Hey there, thanks for replying about the site. We are generally fine with the stipulations attached to the K1 Visa. I'm just worried about being denied the K1 visa. She thinks I'm being ridiculous, which is probably true. Looking at the details of our case, do you see any red flags, or are we good to go?

Welcome to Visa Journey. I agree with @powerpuff.  You realize that entering the US with a CR-1 immediate starts the clock for citizenship eligibility, but for a K-1, the clock doesn't start until the adjustment of status is approved....a year or two after entry.

By the way, a K-1 is not much faster than a CR-1....and it is definitely slower to receiving a Green Card.  In your case, it seems to me that a CR-1 is far superior.  Good luck on your journey.  It's going to be a long one.  

[JeanneAdil 6,202]

46 minutes ago, Crazy Cat said:

Welcome to Visa Journey. I agree with @powerpuff.  You realize that entering the US with a CR-1 immediate starts the clock for citizenship eligibility, but for a K-1, the clock doesn't start until the adjustment of status is approved....a year or two after entry.

By the way, a K-1 is not much faster than a CR-1....and it is definitely slower to receiving a Green Card.  In your case, it seems to me that a CR-1 is far superior.  Good luck on your journey.  It's going to be a long one.  

Agree with crazy cat

i  would marry and process the CR1

 

Not needed from your list:

• Correspondence with the English School that I taught at
• A letter of recommendation from that school stating I taught at the school for my time in Serbia
• A foreign insurance policy
• Correspondence with my Airbnb landlords
• Bank statements
• Plane receipts (you have boarding passes and receipts don't prove u made the flight)
• Letters of support from friends and family
• A letter from a minister stating he would marry us upon her arrival

[powerpuff 5,905]

4 minutes ago, JeanneAdil said:

Bank statements

I disagree. We used both of our bank statements to show we were spending time at the same places. We only used one statement per person 

[JeanneAdil 6,202]

1 hour ago, powerpuff said:

I disagree. We used both of our bank statements to show we were spending time at the same places. We only used one statement per person 

you sent but what it important to the case

[powerpuff 5,905]

2 minutes ago, JeanneAdil said:

you sent but what it important to the case

Not understanding the question here.

[JeanneAdil 6,202]

no question -wrong person sorry 

my computer is old and jumps around on me

5 minutes ago, powerpuff said:

Not understanding the question here.

 

Edited August 8, 2022 by JeanneAdil

[SalishSea 16,774]

2 hours ago, grant_9 said:

Hey there, thanks for replying about the site. We are generally fine with the stipulations attached to the K1 Visa. I'm just worried about being denied the K1 visa. She thinks I'm being ridiculous, which is probably true. Looking at the details of our case, do you see any red flags, or are we good to go?

There is no “ongoing relationship” documentation needed for the petition.   You have more than required to provide evidence of the one meeting.   For the requirement of evidence of intent to marry, you both write and sign a letter starting your intent.

 

Sending pages of text messages doesn’t get you brownie points with USCIS.