K1 Eligibility

[Yknn 1]

Hi Everyone,

 

I am a US citizen and have been in a relationship with my fiance when she was on her F1 Visa studying in the US. She is graduating this year and have to returned to her home country. 

 

I have read somewhere that I might have a hard time petition for her through K1 if we were found in a relationship when she's on her F1 Visa. Is this generally true? Do we still have a chance? Any advice is appreciated, thank you!

 

Edit: I forgot to mention that we are planning to apply for K1 about a year after her visa expires and have returned to her home country.

Edited January 5 by Yknn

[OldUser 6,878]

I don't think this would be the case. But why do you want to use inferior visa? CR-1 is so much better, cheaper and takes faster in end to receive the GC.

 

If you're a US citizen, you don't have to wait if she doesn't need to leave the US. You can marry, apply for AOS and she won't need to go for consular processing.

Edited January 5 by OldUser

[IWander 589]

52 minutes ago, Yknn said:

Hi Everyone,

 

I am a US citizen and have been in a relationship with my fiance when she was on her F1 Visa studying in the US. She is graduating this year and have to returned to her home country. 

 

I have read somewhere that I might have a hard time petition for her through K1 if we were found in a relationship when she's on her F1 Visa. Is this generally true? Do we still have a chance? Any advice is appreciated, thank you!

 

Edit: I forgot to mention that we are planning to apply for K1 about a year after her visa expires and have returned to her home country.

Has she already returned?

 

Her k1 won't be denied based on anything you have described 

[Yknn 1]

5 minutes ago, OldUser said:

I don't think this would be the case. But why do you want to use inferior visa? CR-1 is so much better, cheaper and takes faster in end to receive the GC.

 

If you're a US citizen, you don't have to wait if she doesn't need to leave the US. You can marry, apply for AOS and she won't need to go for consular processing.

Thank you for your response! We planned to do the K1 since we don't feel ready for marriage yet as we just graduated from college. I want to travel to her country over the summer to meet her family and friends and then continue with the K1.

[Yknn 1]

4 minutes ago, IWander said:

Has she already returned?

 

Her k1 won't be denied based on anything you have described 

I appreciate your response! She will not return until this June when her F1 Visa expires. We planned to apply for K1 and marry when we both feel ready since we just graduated from college. My only worry is that being in relationship with her while she's on F1 might affect our K1 Visa later in time.

[IWander 589]

4 minutes ago, Yknn said:

I appreciate your response! She will not return until this June when her F1 Visa expires. We planned to apply for K1 and marry when we both feel ready since we just graduated from college. My only worry is that being in relationship with her while she's on F1 might affect our K1 Visa later in time.

It won't 

[OldUser 6,878]

10 minutes ago, Yknn said:

Thank you for your response! We planned to do the K1 since we don't feel ready for marriage yet as we just graduated from college. I want to travel to her country over the summer to meet her family and friends and then continue with the K1.

When you do a K-1 you gotta be ready for marriage. It's not a store where you can buy something and return if you don't like it. You'd only have 90 days to get married when she enters. To me, it doesn't make much sense to keep the fiancé in a volatile state of uncertain future. Plus she won't be able to work for a while or travel outside during AOS which can put pressure on a new marriage.

 

Either way, F-1 is not going to pose any issues with K-1.

 

If I had a magic wand, I'd vote for CR-1 route so your wife would have GC (and thus ability to work and travel) as soon as she enters the US.

 

 

Edited January 5 by OldUser

[Yknn 1]

Just now, IWander said:

It won't 

Thank you for your reassurance! I have been worrying about it for a few days, feel much better now.

[Yknn 1]

3 minutes ago, OldUser said:

When you do a K-1 you gotta be ready for marriage. It's not a store where you can buy something and return if you don't like it. You'd only have 90 days to get married when she enters. To me, it doesn't make much sense to keep the fiancé in a volatile state of uncertain future. Plus she won't be able to work for a while or travel outside during AOS which can put pressure on a new marriage.

 

Either way, F-1 is not going to pose any issues with K-1.

 

If I had a magic wand, I'd vote for CR-1 route so your wife would have GC (and thus ability to work and travel) as soon as she enters the US.

 

 

I really appreciate your advice! I'll definitely have a conversation with her about switching to CR-1.

 

Regarding the CR-1 Visa, Is it possible for us to marry when she's out of the country and apply for CR-1 right after?

 

I have mentioned CR-1 with her the other day, but she was told by somebody that we have to be married for 2 years to be eligible, thus that was the other reason we stayed with K1 as well.

[OldUser 6,878]

Just now, Yknn said:

I really appreciate your advice! I'll definitely have a conversation with her about switching to CR-1.

Awesome, I'm glad you see it as a possible option 😊

 

2 minutes ago, Yknn said:

Regarding the CR-1 Visa, Is it possible for us to marry when she's out of the country and apply for CR-1 right after?

 

Absolutely. When you marry somebody officially anywhere in the world, this marriage is legal in the US too. You don't have to marry in the US. You'd have to get the official marriage certificate from that country though to go through US immigration. And yes, you can file I-130 as soon as you marry. Then, when it's approved, your future wife would file DS-260 to get actual immigrant visa in her passport.

 

5 minutes ago, Yknn said:

I have mentioned CR-1 with her the other day, but she was told by somebody that we have to be married for 2 years to be eligible, thus that was the other reason we stayed with K1 as well.

This is not true. You don't have to be married for 2 years to file for CR-1. If she enters the US on CR-1 before your 2 year anniversary, she would get a conditional green card and would have to file I-751 in 1 year 9 months. But all this time she would have permanent resident privileges to work, travel. This time as conditional resident would also contribute to her eligibility to apply for US citizenship in the figure, whereas time spent adjusting status on K-1 would not be counted.

 

Of course, you guys can decide what's right for both of you, I just think K-1 is pretty expensive and restrictive in grand scheme of things.

 

[Yknn 1]

2 minutes ago, OldUser said:

Awesome, I'm glad you see it as a possible option 😊

 

 

Absolutely. When you marry somebody officially anywhere in the world, this marriage is legal in the US too. You don't have to marry in the US. You'd have to get the official marriage certificate from that country though to go through US immigration. And yes, you can file I-130 as soon as you marry. Then, when it's approved, your future wife would file DS-260 to get actual immigrant visa in her passport.

 

This is not true. You don't have to be married for 2 years to file for CR-1. If she enters the US on CR-1 before your 2 year anniversary, she would get a conditional green card and would have to file I-751 in 1 year 9 months. But all this time she would have permanent resident privileges to work, travel. This time as conditional resident would also contribute to her eligibility to apply for US citizenship in the figure, whereas time spent adjusting status on K-1 would not be counted.

 

Of course, you guys can decide what's right for both of you, I just think K-1 is pretty expensive and restrictive in grand scheme of things.

 

Thank you again for the input! I'm definitely more convinced with the CR-1 path now. I have been stressed out for a while thinking about our options especially near graduation. But your advice made me feel much better! Hope you have a wonderful day. 😊

[davidvs 351]

11 hours ago, Yknn said:

I have mentioned CR-1 with her the other day, but she was told by somebody that we have to be married for 2 years to be eligible, thus that was the other reason we stayed with K1 as well.

I think the person she talked to is confusing the situation...

 

You can apply for her spousal visa as soon as you are married. 

When she gets her visa;

-if she enters into the US before your 2 year anniversary she will receive a conditional green card which is good for 2 years and you will need to    go through the removal of conditions process at that time to get her 10 year green card.

-if she enters the US after your 2 year anniversary, she will get a 10 year green card immediately and would not need to go through removal of      conditions.