Kimchi&Burrito

3 hours ago, Crazy Cat said:

Many members here who opted for a K-1, regretted that decision later.  I have seen no spousal visa couple state they should have filed a K-1 instead.  Take that for it is worth.  Life is full of choice...and consequences.  Some decisions are emotional....some are practical.  Good luck on your journey. 

Hi Crazy Cat, 

Thank you for your response. I've read your answers a lot on these forums and hold your opinion in high regard.

With that said, here is my line of thinking: The spousal visa may take upwards of 2 years based on current processing times. With consideration of the spousal visa interview wait period at the Ciudad Juarez, another year could be added on:

If backlogs and wait times are considerably reduced in the next year there could be the risk of being issued a CR-1 instead of IR-1 which, if I am correct, would not grant permanent resident status immediately but instead the two year conditional green card. Then removal of conditions, before applying for LPR. I know, not likely, and if it takes over 2 years, immediate LPR and all is well.

On the other hand, K-1 visa will likely take 12-15 months, especially considering K-1s are sent to Mexico City where current interview wait times seem to be 1-2 months based on VJ member-reported timelines. The current processing time for EAD and AP are both 7 months, which is very manageable. And although AOS time on average is 1 year, for some reason the SEA office is taking 2 years. The upside in which case is that we would not get a conditional green card but a 10 year one (correct?)

The end goal is to be with each other and enjoy each others' company. Not being able to work for 7 months is much preferable than being apart for that long. The additional hurdles of filing for AOS and waiting a little longer for LPR is negligible for us. We can still enjoy our quality of life once we are together again. Do you think this is a justification for K-1? Again, I value your input very much.

17 hours ago, Jorgedig said:

Unfortunately, you have incorrect information.

 

The dispatch of I-130 petitions is not related to the state of residence of the petitioner.

 

All I-129f petitions are adjudicated at the CSC.

 

There is no requirement for a joint lease agreement.  In fact, most married couples seeking a CR-1 have never lived together.

 

If you are basing these assumptions on what you see on YouTube, etc, I recommend using more legitimate sources for information.

Thanks Jorge for the response!

Yes, I may have been misinformed on the dispatch of such petitions, my mistake!

But for the joint lease agreement, is this not stated under the Form I-130 instructions:

I am not sure if these other documents in lieu of joint ownership of property and common residence lease have strong basis to provide "clear and convincing evidence" whereas the supporting document we have meticulously compiled in the Form I-129F I am not worried about

12 hours ago, Chancy said:

 

Ok, I just wanted to check that you're aware of the constraints on K1 after US entry (not being able to legally work and travel/re-enter the US freely for around 6 months or more).  Hopefully, you've also done your research on the Adjustment of Status (AOS) process.  On to your questions --

• Can my beneficiary have a job in Mexico (she is from México) while we go through the K-1 process -- Yes.  She will be living outside the US, so she can work there while waiting on the K1.
• Should she put this as her US SSN on Form 1-129F -- SSNs are assigned for life, so yes, enter beneficiary's SSN on part 2, item 3.
• Nicknames, is that necessary if it is only what friends call me (me, the petitioner) -- Up to you.  Instructions say include nicknames.
• What if I don’t know my mom’s birthday? (as a petitioner) -- Enter "Unknown".
• Part 1 question 41 leave blank? -- Answer the question.
• what do I have to do if I wrote the actual address that the beneficiary intends to live, but I will move out? -- Provide the new address on the DS-160 form when the case gets to the embassy stage.
• Can we do an engagement party or its better just to make an announcement in our social media? -- Up to you.  There's no requirement for either engagement party or social media announcement.  Also, there have been VJ members denied K1 visas due to the consulate suspecting their engagement party of actually being a wedding.
• Unpaid internship count as employment history for the beneficiary? -- Yes.
• if we need to write down all the addresses -- Enter all addresses the beneficiary actually lived in and the actual start/end date of residence, regardless of how it's written on J1 forms.  Make sure there are no gaps in the timeline.
• If she comes back in the U.S. will she be able to drive/get assigned a new driver license? -- Check WA DMV rules.
• does withdraw application have impact on getting the k1 visa? -- What application do you mean?

Hi Chancy,

Thank you so much for your reply and answers! I would have missed the Part 1 Question 41 if not for you and avoided a potential setback

The application was a withdrawal of application for admission. My fiancee returned to Mexico and at the end of her J-1 but had a few months left on her tourist visa and we just wanted to be together for that time and travel and such. It was purely a tourist intent but CBP told her she was unable to overcome the presumption of immigration intent due to weak ties to home country, and allowed her voluntarily return. They said this would be a non-factor in applying for things like the K-1 visa. Since this generated a Form I-94 I included that as well as the withdrawal application copy with the Form I-129F. The point of asking this question is just peace of mind

55 minutes ago, Jorgedig said:

There is no measurable difference in the K-1 vs CR-1 timelines currently.  The long wait times for interviews in CJD apply to all.

 

I'm not sure which requirements you believe you don't meet for the CR-1, but the financial requirements are identical.

 

The advantage to the CR-1 is that she could drive, work, and travel immediately.  With the K-1, she will have to wait at least 8 months after arriving to the US to do those things.

Hi Jorgedig!

Thanks for read our post and for taking the time to help us! 

The requirements (for the CR-1) are having like joint lease agreement or owning property together because we live apart. We are filling in Washington and therefore if we fill for IR-VISA it would go to the Nebraska Service Center and right now the Nebraska Service Center takes 313 days avg and, the National Visa Center processing time is 367 days avg. 

If we fill for K1 it goes to the California Service Center and it takes 250 days and the National Visa Center processing time takes 102 days avg. 

Right now our priority is being together and, we want to have a wedding in the US. 

45 minutes ago, Chancy said:

*** Removed duplicate thread in another sub-forum ***

 

Before we go through your form questions, any particular reason you decided to pursue K1, instead of marrying already and pursuing CR1 spouse visa instead?

 

Hi Chanzy, 

Thanks for read our post and for taking the time to help us! 

Well.. for the spouse Visa it takes a few months longer to process than the k1 and honestly, we dont want to be apart for that long (you know long distance relationships are hard and we just want to be together hehe)and, for the spouse visa we need to meet some requirements that right now it´s hard to achive due pandemic (and time) and, it would take extra longer to meet them so, in our research, this option was the best one.  

Hi, everyone! 

Me and my fiancé are new to this process. We are doing this by ourselves but after research a lot, we couldn´t find some of the answers related to the form I-129F and no lawyer wanted to d do consultation, they wanted to have the entire case (process). So we hope you can help us with this one! I know that some questions might be a little weird but is something that make us being doubt whether to send it or not. I hope you can help us! Here the soup:

1. Can my beneficiary have a job in Mexico (she is from México) while we go through the K-1 process (she is a psychologist)? 
2. She had a SSN that assigned to her during the J-1 visa that says valid for work only with DHS authorization. The date stamped on it is 5/11/2021. Should she put this as her US SSN on Form 1-129F or no?
3. Nicknames, is that necessary if it is only what friends call me (me, the petitioner) and no legal documentation has that name? Part 1 Question 7 I put N/A for those nonapplicable sections?
4. What if I don’t know my mom’s birthday? (as a petitioner)
5. Part 1 question 41 leave blank?
6. Im (petitioner) planning to move next year (may/june 2022) what do I have to do if I wrote the actual address that the beneficiary intends to live, but I will move out?
7. Can we do an engagement party or its better just to make an announcement in our social media? 
8. Is the au pair program (the company) the employer, or the host family?
9. Rebeca last name afterwards (To all mexican people... how did you write your names onf the form?) I know that we don´t have middle name. Beneficiary´s name is 2 NAMES AND 2 LAST NAMES. 
10. Unpaid internship count as employment history for the beneficiary?
11. People from mexico, did you write Mexico or Estados Unidos Mexicanos in the form? 
12. Beneficiary did an aupair program. She lived in one address first (the paperwork has the address and the lenght of stay), then she did a rematch and switch to other address (where she lived for the rest of the program, and when she moved out with the second family the aupair company sent her the same form with the same lenght of stay as the first one) . Example: 
    1. Certificate of elegibility J-1 no-immigrant. Primary site of activity: 15623 Mahana SE 92nd Pl Tampa, Florida. Form covers period: From: 03/05/2020 To: 03/05/2021
    2. Certificate of elegibility J-1 no-immigrant. Primary site of activity: 45655 Lovehse 23rd pl Miami, Florida. Form covers period: From: 03/05/2020 To: 03/05/2021
    3. Our question is if we need to write down all the addresses even tho the 2 forms have the same address and time period... or we have to write the dates when beneficiary moved in and out REAL even the forms have the time line as the same? OR we have to write just the last form? 
13. Fiance (Beneficiary) had a WA state driver license that expires in 2026 (she got it when she was under J1 VISA). If she comes back in the U.S. will she be able to drive/get assigned a new driver license? I heard she couldn’t drive.
14. does withdraw application have impact on getting the k1 visa? :C 

Sorry! I know is a lot but this is the only things that are holding us back from send the application! Thanks you for all your kind support! I hope you can help us!