Do you need to propose to your girlfriend before you can file for a K1 Visa?

[SnowColdIce 7]

Hi everyone!

 

My girlfriend and I met while on a trip. We exchanged numbers we were purely friends then. She went back to her country, and I came back to US. We kept talking as friends and as usually things goes, we planned a trip to see each other for 2 weeks, we did and it was amazing and all great. Because we have been talking for so long and also because we are already planning another trip to see each other and be together, we also discussed the K1 possibility since we do want to be together. I have not proposed yet, and I completely understand the whole K1 process and it's requirements. However one thing stood up to me, do I need to be engaged to her before starting the process? Can I start the process, get engaged, then marry as soon as she come? I have evidence of our intentions, due to chats, and also photos of us together since we were a relationship pretty much from day 1 since we just clicked. Will have even more photos on the second trip but that is like 2 months from now. 

 

In essence, any issues I submit now and don't have specific wedding plans or are not engaged yet? Even though I do plan on getting engaged with her.

[SalishSea 16,748]

3 minutes ago, SnowColdIce said:

Hi everyone!

 

My girlfriend and I met while on a trip. We exchanged numbers we were purely friends then. She went back to her country, and I came back to US. We kept talking as friends and as usually things goes, we planned a trip to see each other for 2 weeks, we did and it was amazing and all great. Because we have been talking for so long and also because we are already planning another trip to see each other and be together, we also discussed the K1 possibility since we do want to be together. I have not proposed yet, and I completely understand the whole K1 process and it's requirements. However one thing stood up to me, do I need to be engaged to her before starting the process? Can I start the process, get engaged, then marry as soon as she come? I have evidence of our intentions, due to chats, and also photos of us together since we were a relationship pretty much from day 1 since we just clicked. Will have even more photos on the second trip but that is like 2 months from now. 

 

In essence, any issues I submit now and don't have specific wedding plans or are not engaged yet? Even though I do plan on getting engaged with her.

No.  "Engaged" is not a legal term or legal status.

 

The requirement is that both parties intend to marry.  You both need to write and sign statements of that intention, to be included in the petition.

[SnowColdIce 7]

6 minutes ago, SalishSea said:

No.  "Engaged" is not a legal term or legal status.

 

The requirement is that both parties intend to marry.  You both need to write and sign statements of that intention, to be included in the petition.

SalishSea, thanks for your reply! I might be asking an obvious thing here, but how would we be able to sign the statement if she is halfway across the world until we see each other in 1-2 months? Assuming that I want to submit my application at least by the end of this upcoming week.

[SalishSea 16,748]

Just now, SnowColdIce said:

SalishSea, thanks for your reply! I might be asking an obvious thing here, but how would we be able to sign the statement if she is halfway across the world until we see each other in 1-2 months? Assuming that I want to submit my application at least by the end of this upcoming week.

Via the miracle of the internet and technology.

 

She can write a statement, print it, sign it, and send it back to you as a pdf or whatever.

[SnowColdIce 7]

1 minute ago, SalishSea said:

Via the miracle of the internet and technology.

 

She can write a statement, print it, sign it, and send it back to you as a pdf or whatever.

Ah that makes sense, I thought PDFs were not allowed for some reason since the signature ink is not "fresh" or something...

Did you submit your process by yourself? Or did you use a Visa service or lawyer? Any recommendation from your end?

[SalishSea 16,748]

Just now, SnowColdIce said:

Ah that makes sense, I thought PDFs were not allowed for some reason since the signature ink is not "fresh" or something...

Did you submit your process by yourself? Or did you use a Visa service or lawyer? Any recommendation from your end?

Wet signature is not required.

 

Yes, we have done our entire process ourselves.  I recommend reading as much as you can about the process.  Mistakes can add time and money to a process already fraught with roadblocks.

 

If we were to do it again, we would definitely avoid the K-1 and do a CR-1.  The adjustment of status part of a K-1 is a huge drawback.  With current wait times, your fiance may not be able to work or travel for up to one year.  The green card can take two years, and removal of conditions is up to four years.  In many states, people without green cards cannot drive.

[SnowColdIce 7]

6 minutes ago, SalishSea said:

Wet signature is not required.

 

Yes, we have done our entire process ourselves.  I recommend reading as much as you can about the process.  Mistakes can add time and money to a process already fraught with roadblocks.

 

If we were to do it again, we would definitely avoid the K-1 and do a CR-1.  The adjustment of status part of a K-1 is a huge drawback.  With current wait times, your fiance may not be able to work or travel for up to one year.  The green card can take two years, and removal of conditions is up to four years.  In many states, people without green cards cannot drive.

I understand, however the CR-1 adds to the whole process that we need to get married AND also have some sort of proof of our marriage like joint accounts, etc..which are an impossible thing to do since she lives in Russia. Although I must say I have considered CR-1 a lot as well. The whole AOS is a huge PITA and I thought honestly that the work permit would take much shorter. 

[SalishSea 16,748]

Just now, SnowColdIce said:

I understand, however the CR-1 adds to the whole process that we need to get married AND also have some sort of proof of our marriage like joint accounts, etc..which are an impossible thing to do since she lives in Russia. Although I must say I have considered CR-1 a lot as well. The whole AOS is a huge PITA and I thought honestly that the work permit would take much shorter. 

You don't need to have joint accounts.  

 

Do some reading here on VJ, and you will see that people can and do get CR-1 visas from exactly your circumstances, all the time.

 

The work permit will take >8 months from the time the AOS paperwork is filed.

[Mr. Ross 13]

39 minutes ago, SnowColdIce said:

Hi everyone!

 

My girlfriend and I met while on a trip. We exchanged numbers we were purely friends then. She went back to her country, and I came back to US. We kept talking as friends and as usually things goes, we planned a trip to see each other for 2 weeks, we did and it was amazing and all great. Because we have been talking for so long and also because we are already planning another trip to see each other and be together, we also discussed the K1 possibility since we do want to be together. I have not proposed yet, and I completely understand the whole K1 process and it's requirements. However one thing stood up to me, do I need to be engaged to her before starting the process? Can I start the process, get engaged, then marry as soon as she come? I have evidence of our intentions, due to chats, and also photos of us together since we were a relationship pretty much from day 1 since we just clicked. Will have even more photos on the second trip but that is like 2 months from now. 

 

In essence, any issues I submit now and don't have specific wedding plans or are not engaged yet? Even though I do plan on getting engaged 

[powerpuff 5,884]

1 minute ago, SnowColdIce said:

AND also have some sort of proof of our marriage like joint accounts, etc..

That is not a requirement at all. If you read the instruction to I-130, it says to provide documents that “may prove” the bona fide relationship and lists suggestions.

 

Time spent together in person is excellent evidence for CR1, that’s what most provide as majority of couples cannot commingle financially since they live in different countries.

 

As a former K1 / AOS applicant, I do strongly recommend CR1 over K1, especially that they take the same time to process now. It has many more advantages, just my 2 cents. 

 

To answer your original question, proposal/engagement is not necessary.

[SnowColdIce 7]

9 minutes ago, SalishSea said:

You don't need to have joint accounts.  

 

Do some reading here on VJ, and you will see that people can and do get CR-1 visas from exactly your circumstances, all the time.

 

The work permit will take >8 months from the time the AOS paperwork is filed.

Thank you SalishSea! I am starting to think about it more now when you said this. I will read more on VJ now.

[Mr. Ross 13]

42 minutes ago, SnowColdIce said:

Hi everyone!

 

My girlfriend and I met while on a trip. We exchanged numbers we were purely friends then. She went back to her country, and I came back to US. We kept talking as friends and as usually things goes, we planned a trip to see each other for 2 weeks, we did and it was amazing and all great. Because we have been talking for so long and also because we are already planning another trip to see each other and be together, we also discussed the K1 possibility since we do want to be together. I have not proposed yet, and I completely understand the whole K1 process and it's requirements. However one thing stood up to me, do I need to be engaged to her before starting the process? Can I start the process, get engaged, then marry as soon as she come? I have evidence of our intentions, due to chats, and also photos of us together since we were a relationship pretty much from day 1 since we just clicked. Will have even more photos on the second trip but that is like 2 months from now. 

 

In essence, any issues I submit now and don't have specific wedding plans or are not engaged yet? Even though I do plan on getting engaged with her.

A K1 visa is a request to the US government to allow you to bring your fiancée to the USA so you can get married. This starts with an engagement and an engagement ring and then wedding plans which are all included in your K1 visa package. 
 

A visa package without significant wedding plans, photos of an engagement event etc will probably result in an RFE asking for this evidence. 
 

Don’t forget you need 2 letters of intent to get married too signed and dated & properly filled out. 

[SnowColdIce 7]

4 minutes ago, powerpuff said:

That is not a requirement at all. If you read the instruction to I-130, it says to provide documents that “may prove” the bona fide relationship and lists suggestions.

 

Time spent together in person is excellent evidence for CR1, that’s what most provide as majority of couples cannot commingle financially since they live in different countries.

 

As a former K1 / AOS applicant, I do strongly recommend CR1 over K1, especially that they take the same time to process now. It has many more advantages, just my 2 cents. 

 

To answer your original question, proposal/engagement is not necessary.

Hi powerpuff, yes I am starting to consider it now more. I am aware of the AOS application also, and its drawbacks, but now I just found out how long the work permit also takes. And she would not want to sit idle for too long here. I will research into CR1 now, same as to decide between a marriage in 3rd country or Utah Zoom Marriage.

[SnowColdIce 7]

4 minutes ago, Mr. Ross said:

A K1 visa is a request to the US government to allow you to bring your fiancée to the USA so you can get married. This starts with an engagement and an engagement ring and then wedding plans which are all included in your K1 visa package. 
 

A visa package without significant wedding plans, photos of an engagement event etc will probably result in an RFE asking for this evidence. 
 

Don’t forget you need 2 letters of intent to get married too signed and dated & properly filled out. 

I understand the letter of intent. However what about other people's experience? @powerpuff and @SalishSea seem to have indicated an engagement ring and wedding plans are not required as much.

[SalishSea 16,748]

7 minutes ago, Mr. Ross said:

A K1 visa is a request to the US government to allow you to bring your fiancée to the USA so you can get married. This starts with an engagement and an engagement ring and then wedding plans which are all included in your K1 visa package. 
 

A visa package without significant wedding plans, photos of an engagement event etc will probably result in an RFE asking for this evidence. 
 

Don’t forget you need 2 letters of intent to get married too signed and dated & properly filled out. 

Not required.  At all.

 

The sole requirement of this type is that both people intend to marry each other, which is easily evidenced by a written statement.