Should I File for a K-1 or Wait?

[Loren Y 2,732]

Out of all that evidence, the only real important thing is the passport stamp showing you met within the 2 years. That is all that is required for the K1. I wouldn't bother about the text messages/ whats App/ anything like that. Most K1 approvals according to government websites are over 90% approved at interview. When my now wife went thru the embassy it was a 95% approval rate ( Still didn't keep me from pacing the floor while she was doing the interview) but you should be fine. File the K1 now if you want to go that route, then you can bring evidence from December to the interview. Or if you do the CR1 you can get married and file as soon as that is done and you have the marriage certificate.

[Marieke H 2,321]

3 hours ago, grant_9 said:

We are generally fine with the stipulations attached to the K1 Visa.

I just want to make sure that you fully understand what it is like to enter the US on a K-1. When I came on a K-1, I also thought I was fine with it, but it was very, very hard, to the point that my husband saw my mental health deteriorate so much that he suggested that maybe I should go back to the Netherlands for a while and we would start over with a CR-1.

 

Of course everyone is different, and it may not be this difficult for her, but just make sure that she is aware of some things. She will not be allowed to work or travel out of the country for 6-8 months. I thought I would be fine with that, because it would give me time to get used to my new home. This is true, but after a month or 2 it gets very old. You are basically stuck at home, without a social network (I only started getting new friends after I started working 8 months after entering the country). In many states, people who entered on a K-1 can't get their driver's license until they have an EAD. All of this makes your world very small.

 

Other than that warning, I think you have more than enough evidence. For the I-129f, you only have to prove that you have met in the 2 years before filing (passport stamps, proof of living together during those 56 days, a few pictures maybe), and that you intent to marry each other (letters of intent). You can choose to include more relationship evidence, but this is not required. Don't overdo it; sending too much extra "fluff" will make it difficult for the officer to find the information that they are looking for. She can bring more evidence to the interview.

[SteveInBostonI130 3,319]

@grant_9, What @Loren Y stated is correct.  You only really need to show you have met within the last 2 years to get the I-129F petition approved (along with you being a USC, not having any disqualifying arrests/convictions, both parties are free to marry, and both parties declaring they will marry each other within 90 days of entering the US, that is)

 

On youtube and other places people show how they collected mounds of evidence to send in.  That is only required for high-fraud countries, where the beneficiary is sometimes not allowed to present relationship evidence at the interview and the CO seems to make the decision based on the I-129F package.

 

It wouldn't hurt to have a cover letter explaining your relationship and a few pages of photos, if you want.  Submitting too much just gives more work for the USCIS staff to comb through everything to see if there is any disqualifying evidence (like photos that looks like you two got married).

 

Make sure to include the basics:

• Evidence of having met in person within the last 2 years
• Evidence of the petitioner being a USC (bio page of your passport, typically)
• Signed Letter(s) of Intent to Marry within 90 days of entering the US on the K-1 visa (one letter signed by both or two individual letters)
• If the petitioner has ever been arrested/convicted, then court documents of those arrests/convictions
• If either party was previously married, then divorce certificates
• Filing fee payment

[powerpuff 5,919]

@Marieke H couldn’t agree more. I also thought it was fine but it was much harder in reality. I was blessed that I had friends here already, knew the country/state as I lived here previously and also got a DL cause it was allowed regardless of immigration status. I would probably go bananas if I did not have any of that.

 

6 minutes ago, Marieke H said:

She will not be allowed to work or travel out of the country for 6-8 months.

Timelines have shifted and it’s 8-12 months now
 

 

[grant_9 0]

3 hours ago, Loren Y said:

Out of all that evidence, the only real important thing is the passport stamp showing you met within the 2 years. That is all that is required for the K1. I wouldn't bother about the text messages/ whats App/ anything like that. Most K1 approvals according to government websites are over 90% approved at interview. When my now wife went thru the embassy it was a 95% approval rate ( Still didn't keep me from pacing the floor while she was doing the interview) but you should be fine. File the K1 now if you want to go that route, then you can bring evidence from December to the interview. Or if you do the CR1 you can get married and file as soon as that is done and you have the marriage certificate.

Would those things not help prove that it is a bona fide relationship? I guess that's my only concern. I had heard that the CO does not have to look at new evidence during the interview.

2 hours ago, SteveInBostonI130 said:

@grant_9, What @Loren Y stated is correct.  You only really need to show you have met within the last 2 years to get the I-129F petition approved (along with you being a USC, not having any disqualifying arrests/convictions, both parties are free to marry, and both parties declaring they will marry each other within 90 days of entering the US, that is)

 

On youtube and other places people show how they collected mounds of evidence to send in.  That is only required for high-fraud countries, where the beneficiary is sometimes not allowed to present relationship evidence at the interview and the CO seems to make the decision based on the I-129F package.

 

It wouldn't hurt to have a cover letter explaining your relationship and a few pages of photos, if you want.  Submitting too much just gives more work for the USCIS staff to comb through everything to see if there is any disqualifying evidence (like photos that looks like you two got married).

 

Make sure to include the basics:

• Evidence of having met in person within the last 2 years
• Evidence of the petitioner being a USC (bio page of your passport, typically)
• Signed Letter(s) of Intent to Marry within 90 days of entering the US on the K-1 visa (one letter signed by both or two individual letters)
• If the petitioner has ever been arrested/convicted, then court documents of those arrests/convictions
• If either party was previously married, then divorce certificates
• Filing fee payment

How do you know if it is considered a high risk country? Would Serbia fall into that category?

[grant_9 0]

2 hours ago, Marieke H said:

I just want to make sure that you fully understand what it is like to enter the US on a K-1. When I came on a K-1, I also thought I was fine with it, but it was very, very hard, to the point that my husband saw my mental health deteriorate so much that he suggested that maybe I should go back to the Netherlands for a while and we would start over with a CR-1.

 

Of course everyone is different, and it may not be this difficult for her, but just make sure that she is aware of some things. She will not be allowed to work or travel out of the country for 6-8 months. I thought I would be fine with that, because it would give me time to get used to my new home. This is true, but after a month or 2 it gets very old. You are basically stuck at home, without a social network (I only started getting new friends after I started working 8 months after entering the country). In many states, people who entered on a K-1 can't get their driver's license until they have an EAD. All of this makes your world very small.

 

Other than that warning, I think you have more than enough evidence. For the I-129f, you only have to prove that you have met in the 2 years before filing (passport stamps, proof of living together during those 56 days, a few pictures maybe), and that you intent to marry each other (letters of intent). You can choose to include more relationship evidence, but this is not required. Don't overdo it; sending too much extra "fluff" will make it difficult for the officer to find the information that they are looking for. She can bring more evidence to the interview.

We will discuss what is best for us, but I think she is fine with not traveling out of the country, working, or driving. She does not know how to drive anyway, and we can always delay traveling. Not working may be difficult, but she has a large support system here to help her with the transition. Thank you for your concern!

[dnyal 31]

My husband and I have always regretted having gone the K-1 route. What others say is true: I spent six months without being able to do absolutely anything because I had to wait until my status was adjusted. I was really bored, and I also had to delay starting college here until I got my green card. I could’ve started a semester earlier or have come to the U.S. a whole 18 months earlier! You seem to have a pretty solid case, so I do advise you to simply marry and then file for a spousal visa; they’re taking almost the same as K-1 approvals, and you skip the added months of adjustment of status. If what you want is to have a ceremony in the States, you can legally marry here (if your fiancée comes on a B visa, not sure if Serbia is part of the visa waiver program, and then returns to Serbia to wait for the spousal one) or marry in Serbia (legal paperwork-wise) and then have the wedding here.

Edited August 8, 2022 by dnyal

[Family 3,525]

29 minutes ago, grant_9 said:

How do you know if it is considered a high risk country? Would Serbia fall into that category?

There is no official list but you can Google for curiosity’s sake .Serbia is not designated as such, but Russia was/ will be heavily scrutinized. 

If you have the means, prepare to go w Fiance to interview, even if you are not allowed in , she shows the IO your US passport and tells them you are outside eagerly awaiting approval.
 

You did an impressive job of submission and what you have is perfect, don’t worry about the texting gaps. 
 

Because the K-1 backlogged as badly as CR-1 , it’s a guessing game to see if K-1 will speed up as before . The BIG difference between the two as it stands is a couple of thousand $$ saved w marriage I-130.

[SalishSea 16,817]

10 hours ago, Loren Y said:

Out of all that evidence, the only real important thing is the passport stamp showing you met within the 2 years. That is all that is required for the K1.

THIS.

[SalishSea 16,817]

7 hours ago, grant_9 said:

We will discuss what is best for us, but I think she is fine with not traveling out of the country, working, or driving. She does not know how to drive anyway, and we can always delay traveling. Not working may be difficult, but she has a large support system here to help her with the transition. Thank you for your concern!

If she had an emergency overseas, she would not be able to leave and be readmitted without starting the entire process over again.  Just so you know.

[purify100 1]

All you need is to follow detailed instructions of what is required on the USCIS website for the fiance visa and you are good to go, patience is key here. Though I married and file CR1, I could also file the I-129F, free of charge.  CR1 is less expensive also less filing of others that follow I-129F and my husband will be able to work as soon as he steps foot on USA soil.

[Maki&Kiki 123]

Hi! I am from Serbia and had k1 interview at Embassy in Belgrade. Interview was quick and easy, lasted no more than 10 min. I wrote questions that i was asked on my timeline. Everyone at Embassy was polite. I was also asked to show additional evidence (new pictures with my fiancé ) since we met one more time after filling petition ~  

Edited August 9, 2022 by Kittinpaw

[Roy an Panitta 29]

Go ahead an apply for the K1.. just do it an get in the que along with the rest of us.. their's no telling where the wait time will go from here.. you guys have enough to starr the I129F process for the K1...  if your worried keeping txt's between you an your fiance then try the whattsapp saves everything plus pics an vids an you can do screen shots. my fiance an i did while she was talking to my kids an i with hers. just to show proof for the intial I129F.  txt's an chats are a small part of the pie but to me still was important..