How long should you know each other before filing the I-129F?
You must watch out for these FOUR red flags which spring up when you have a quick K-1 fiance relationship.
Regardless of how long you’ve known each other, you’re still eligible to file the I-129F as long as you’ve met in the past 2 years. In terms of eligibility, being in a relationship for 5 days is just as good as 5 years.
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In reality, however, a short, quick courtship may be seen as a Red Flag during the K-1 visa interview stage. Here are the 4 serious scenarios of different Red Flags
✚ First contact and quick first meeting
✚ Immediate engagement after first contact
✚ I-129F filed shortly after first meeting
✚ Relationship began during or right after divorce
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Let’s discuss what the US immigration system require versus what are good “Rules of thumb” for the timeline of your engagement.
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But first, think about this example.
Example, A US Citizen and beneficiary met 1 year ago for the first time in their home country. Back then they didn’t have a relationship. After coming back to the US, the citizen continued to talk over several months. 6 months later they developed a loving relationship and decided to get married. Are they eligible for the K1 even though at the time they met, they didn’t have a relationship?
We’ll answer this shortly.
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What’s the I-129F form’s 2-year rule?
The meeting rule for the I-129F petition is simply that you two have been in each other’s presence in the last 2 years. It doesn’t matter how/where you met. It could’ve been
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✦ anywhere in the world
✦ while working
✦ studying overseas
✦ while vacationing
✦ on a business trip
✦ or even by accident
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In fact, you didn’t even have to been in a romantic relationship when you saw each other. Even if it was with the intention of getting engaged, or as friends and unaware that you would later develop a relationship.
In the first example, the couple met in the last 2 years. Assuming they’re otherwise eligible, the filing requirements were fulfilled: having met within the last 2 years and decided to marry each other. But there still might be something wrong in their timeline.
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Is there a rule on how long you must know each other?
No. There is absolutely no guideline on the length of time you must have known each other before filing. It’s irrelevant. The only actual eligibility requirement is meeting face-to-face within the past 2 years.
In practice, it’s very relevant and a very important “Red flag” that can lead to a denial. You have to take an honest look at your relationship’s timeline. How does it fit with your previous relationships? Previous marriage? Or even previous petitions? What does your Facebook, Twitter show about your K-1 relationship?
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What’s considered a quick K-1 relationship?
A quick Fiance K-1 visa relationship is one with very little time passing between getting acquainted and other major events. Let’s look at the four different types. For instance,
First contact and first meeting
Think about the length of time from your first contact and your first meeting. This might’ve started online, through the phone, or another way. How long did you two have a courtship? Meaning, how long did you guys talk before meeting?
Did you meet your fiance online and impulsively decided to get together in person (or get engaged) in a relatively short time?
First let’s figure out how long is a “short time” in terms of a relationship. Well, this depends on a couple of factors. Depending on your age, location, and commonality with your fiance(e). If you have lots in common with your fiance(e), such as ethnicity, culture, language, etc. then the Consular might consider it 2-3 months as “typical”.
However, if you share little commonality, different language, ethnicity, culture, etc. then it might take more time to convince the Consular of your legitimacy. Perhaps 6 months to several years (rule of thumb).
Importantly, will your fiance(e) be able to explain this sequence in the K-1 visa interview? Think of a logical reason why you two were interested enough in each other to take the next step in life.
This doesn’t apply if your first contact was actually your first meeting. For example, if you were introduced at a party for the first time.
Quick engagement after first contact
This means that you had first contact (phone, online, etc.) and then met shortly thereafter. Did you jump from first contact to an engagement? How quick was your decision to marry?
Having an engagement after the first few meetings isn’t dramatic if you’ve known each other for some time. Meaning, if you talked to each other for several months, it isn’t shocking to have a quick engagement. This is actually quite common for K-1 visa applicants.
In this case, their timeline is long enough to justify a first meeting and engagement (or relationship).
However, a quick engagement after short courtship is a Red flag. It can be odd that you relationship developed rapidly. The Consular will question how it’s possible for you to make a huge life decision in such a short time. It’s up to you two to figure out how to support your case with compelling proof that you’re genuine.
Filing the I-129F right after first meeting
It’s one thing to strike a quick relationship, meet once and then get engaged. Did you two file the I-129F right after your first meeting? This will top off the list of Red Flags. When it’s time for the K-1 interview, the Consular will question, “what was the hurry?”
Secondly, depending on how much evidence of a bona fide relationship you gathered, you may have further problems. It may be coincidental that you didn’t remember to take photos or gather proof of your relationship. But, this presents a bigger problem.
Does the lack of proof of relationship give the impression that you’re just fulfilling basic requirements of the I-129F as conveniently as possible? Does that make you seem legitimate? Or fraud? What does your social media say about your relationship? Do you have any “questionable” things on your Facebook, twitter page?
Give the following some serious consideration: is it wise for you two to wait a few months before filing the I-129F? Will it make your timeline seem less impulsive and more genuine?
Relationship began during “separation” or divorce
Surprisingly, this happens often. Not because of bad characters — rather because of the timing. Since US divorces take a long time, it’s possible to be dating someone else while “separated” or in divorce proceedings.
There aren’t any actual restrictions to date or be in a relationship while you’re “separated” or in divorce proceedings. However, remember, you must be officially divorced before filing the I-129F petition.
Just be aware of how the timeline may be perceived by the Interviewing officers. Will they ask, “What was the hurry?” Read the full topic at “Why past divorces may be red flags for fiance visa“.
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How many times should you have met?
That’s hard to say. It all depends on your convenience and opportunity to meet. It’s different for all couples.
Sometimes you have met only one time, while others have met multiple times before filing the I-129F. It’s less excusable for couples living in nearby countries to meet more often than for those living continents away.
You should also understand that if you have other “Red Flags” in your case, then it’s best to meet more often.
Finally, your fiance’s culture, society, social dating rules, etc. play a major role. How willing is his/her culture to dating?
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What to do if you had a quick k-1 relationship
If you fall within one or more of these categories, all is not lost. It’s very typical for relationships to begin abruptly and blossom. You must be cognizant of the perception of your case to the US immigration officials.
You must avoid being seen as fraud or unusual. It may even be wise to wait a few months before filing the I-129F or going to meet your fiance(e).
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Are you worried that your quick relationship might be a Red flag? Let’s discuss it in the comments below…
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Hi, I’m Prem…
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Hi Prem! Thanks for this great advice. I hope you can shed some light on my situation.
I met my current fiancé in Russia online while I was on holiday in December 2017. I am US born citizen. So, I actually didn’t physically meet him because our schedules just weren’t able to align before I flew back home. We continued chatting and talking for a few months, and I decided to go back to Russia to meet him April 2017. It was a match made in heaven! After this trip we began dating, and I was helping him on his PhD that he was currently studying for. (I am a data scientist). So, I went back also in July of 2018 to visit again with him. That fall of 2018 he finished and achieved his PhD and our plan was for him to take a job in Europe and then we would be able to fully be together. This is because, he actually holds an Iraqi passport, he is from Kurdistan.
He was in Russia on a student visa. The job offer unfortunately fell through, and he had no more time on his student visa so he had to go back to Iraq. At this point, we decide to work and find him a job that will get him a visa out of Iraq. The situation became dire and he hasn’t been able to get any jobs. Finally, this summer we decided enough and we just want to get married and figure that out later. I didn’t visit him these exact 2 years due to the unrest in his region. So, I go to petition for the K-1 and realize that our 2 year meeting period had passed by 1 week!!!! So, now, we have arranged for me to travel to Iraq within 2 weeks, to help fulfill this requirement. Though, we are somewhat worried this may seem hurried, especially due to the perceptions of cultural differences. Should we wait after meeting to file the petition, or will our more than 2 year relationship be enough to suffice. Also, we work together as a contracting agency providing data science and petroleum engineering service, so we were wondering if this would affect the petition. Thanks for any advice!!
Hello Prem, After thorough research, my case seem to be a bit unique and not discussed here, So any pointers would help. I met my Man sometime in October 2016 through work(both Engineers) while he was still legally married .They were not separated legally either, although their marriage was over in 2014(by over I mean staying in different houses/rooms).What started off as professional relationship, turned into friendship and we expressed feelings for each other sometime in November 2017. Both of us weren’t sure if it was going to work because of the age (27 years gap), culture and differences in religion. We decided to take it one day at a time and see how it would go. He came to India in March 2018 for two weeks. I met him in New York for one week in October 2018.This is when we decided that we do want to be with each other.
At the same time, his son announced that his wedding would be in September 2019, so we decided we did not want to break this news to his family until the wedding was over. I met him again April 2019 during this time. After his son’s wedding, he spoke to his wife in October and they have finalized the divorce.The legal process is expected to end by August 15th 2020. There were no issues with divorce process whatsoever. Now, we want to file the petition for K1 at least a month after the divorce process is finalized but after researching I am starting to think this is not a good idea. Considering the fact that we have a huge age gap, were in a relationship while he was married and are filing for the petition right after the divorce, cause heavy negative impact on our petition? The only thing mentioned here I cannot prove to anyone is that they were separated when we started our relationship. I have documented proofs for the rest! Any help on what to do or what not do is highly appreciated!
Sana,
Thanks for sharing your concern and story. Having an overlapping relationship is indeed problematic for some relationships. I understand your hesitation to begin the process considering the variety of red flags present. Your concern and question is addressed here in full: https://www.visatutor.com/fiance-k-1-visa-dating-your-fiance-while-divorcing-your-ex/
If you have questions, after reading through this article, please let us know. Good luck and keep us posted on your developments.
-Prem
Hi,
I met my girl friend last January ’20 while on a trip in Thailand, we met each other again in Hong Kong in February, and in march we traveled around Thailand. I am planning on going every month this coming year to see her.
Can a case be build (meaning more meeting and more proof) while the visa is process? Or will this b reg flagged and denied?
Thanks
Hi Brice,
Yes of course, even if you submit your I-129F petition, you should still continue to meet and build your evidence. This new, fresh evidence can be submitted at the K visa interview when the time comes. However, if circumstances allow, it’s best to submit good, solid evidence WITH the I-129F petition because that’s how you “frontload” the petition. That way, your best and most-impactful evidence is presented first.
-Prem
Our situation I’m USA citizen and she is Russian. first talked online in November 2019. Was separated from wife May 2019. Divorced finalized in January 2020. We talked pretty much everyday from November 2019 to February present. We meet in Ukraine Feb 8 to feb 21. We want to get married and get fiance visa. Likely we can get approved.
Daniel, thanks for writing us.
One of the main requirements to be eligible is to have met within 2 years prior to filling the petition.
Since you’re planning to meet and your divorce is finalized, you will be ready to file after that.
Gather good proof of relationship, put all necessary documents together and get educated on how to assemble a great I-129F packet.
Here’s a link to guide you on that:
https://www.visatutor.com/form-i-129f-filing-instructions/
-Cris (Visa Tutor Team)
Hi,
My boyfriend and I met thru fb last August 29, 2019 and we’ve been talking since then. He visited me last December 2019 and he stayed here for 2 weeks. We met each other’s parents during his visit but we do not have enough pictures together, We’re both Filipino but he’s now a US citizen. He asked my parent’s blessing last January but there’s no engagement ring or ceremony being done. is it possible for us to apply for k-1 visa? we’re already preparing our documents. thank you so much
Hello Brenda,
Thanks for reaching out. The requirement is to have met within the last 2 years. If you’ve met each other in 2019, then currently you’re eligible to file the I-129F. If you feel you have adequate proof of relationship to show that you’re a genuine couple, then you’re welcome to apply. Please feel free to use this website to help guide you through.
-Prem
I met my girlfriend in Bogota, Colombia, in February 2011 at my university.
We spent about 6 months together, and split up. After that, we continued to be friends until I became a US permanent resident in 2016 and immigrated to the US. We’re both Colombians.
We then kind of talked via Facebook very seldom until December of 2017. I lost contact with her ever since, and now I was able to find her Facebook profile.
That being said, do you guys think I can still petition her if I become a US citizen in December 2021 when my 5 years as a permanent resident allow me to do so?
I haven’t seen her in person since 2016. Will I have to travel to my home country and meet up with her, or just keep talking online and whenever the time comes, petition her and wait on the process while me being in the US?
I was thinking about applying for a K-1 for her, if approved, she comes here, and then we can get married? What do you think?
Any insight would be really appreciated. God bless!
Hi Juan,
We appreciate your contacting us.
The requirement is to have met your fiancée in person within the last 2 years prior to filling the paperwork.
You have two options: wait until you become a US citizen to file the fiancé visa or marry and use the spousal visa.
-Cris (Visa Tutor Team)
My situation is a bit of an interesting one.
I (Nathan: 20 US Citizen) met this woman (Elyva: 19 Malaysia) online in 2016. We had been discussing each other’s languages and cultures and I quickly connected with her and liked her a lot, but she did not like me back as she was in a relationship.
Fast forward to May 2018 and she was single again. I started to try to get her to like me and we hit it off!
July 2018 I officially asked her to be my girlfriend and she said yes.
I was leaving for a study abroad in China and decided I would meet her and her parents. They all seemed very nice and I was excited to come to their house.
However before I came she told me the mother had committed fraud on a high degree ($500,000) and that the mother told her this out of being stressed. I canceled the ticket and told her I was leaving the relationship.
She cried and told me that her family has been involved in these types of activities but that she never wants to partake in them and that she would much rather they never committed those actions. She told me she doesn’t want to leave Malaysia but that she wants to get away from her family and live a peaceful life.
Well, when I was in China I decided to fly over there to visit her. Even though we were already boyfriend and girlfriend, we fell deep in love while we were there. I was there in secret so we could not be in too many public places, but we fell hard in love and I genuinely don’t want anybody else by my side.
Well, she finally decided that she would rather be with me, her lover, than with her parents will will eventually be persecuted for their fraud.
Fast forward to now, we are looking into getting married (although we agree it is very early) so that we can live together and start a new life together in the US.
Will the US think we are fraudulent? I genuinely do want to marry her, we have met three times and every time we fell harder and harder in love, but we wanted to take this more slow. We wanted our families to get to know each other. But after hearing what they did I cannot have our families connect
The parents do not know of our relationship, and if she left it would have to be in secret. I am a college student and I want her to live with me so we can buy a house and car and get jobs and live a peaceful life away from all this.
Will the US think we are abusing the K1 visa? Because we wanted to wait originally we have not made any marriage plans, but we have talked it out a lot and we both think we are ready.
We speak Chinese and English together and video call all the time when we can. We have been doing that for a year and a few months and I could not be happier in life.
I just pray we can be together soon. Thank you
Hello Nathan,
Thanks for sharing your story.
Every case is unique, right? And some have ups and downs, but in the end of the day what really matters is if you and your partner is genuinely committed to each other.
Good thing is you two have met face to face and what you must do is gather proof of the moments spent together and forward them in your packet.
Family approval is a good thing in the eyes of the USCIS officers, but it’s not mandatory for the K1 Visa approval.
However, it’s always advisable to know if your fiancée was convicted of any crime in connection with her family? According to INA 212(a)(2) some related family members may be scrutinized.
I don’t mean to scare you, though. The reason I’m broaching this is to make you aware so you can research further into this.
Fill out the form correctly and front load it with strong proof of relationship. Be patient and keep in touch with your girlfriend for when the time is right, she can do well on the day of the interview.
Are you planning to visit her again?
This would make a great proof of relationship, by the way.
Here are some great links for you to start with:
https://www.visatutor.com/wp-content/uploads/2019/04/k-1-flowchart-with-times-2019.pdf
https://www.visatutor.com/form-i-129f-filing-instructions/
Hope you learn a lot with our blog and be educated to put together a great petition that will assure your approval.
-Cris (Visa Tutor Team)
Hi Prem, very informative site, and thanks for putting this together. I’m a naturalized U.S. citizen. Thinking of initiating K-1 visa next month. Here’s my timeline:
– met online in mid.-February 2019, discovered right away our parents know each other since last 25 years. Only proof are two photographs from 24 years ago. One is dated, second is not.
– getting engaged in early May in India. Thinking of filing K-1 after return to the U.S.
– will visit her again – open to going sooner than later if it helps. Unsure what is the best month to go since current USCIS processing time for California is 5.5 – 7.5 months. Current thought process is end-August/early-September. If it helps, I can book second India trip in advance and put itinerary in petition.
Considering the above, are we taking risk by getting engaged in about 3 months and filing right after?
Any inputs would be highly appreciated.
Thank you!
Hey Vic,
Thanks for sharing your story. In my experience, it’s never a good idea to “plan” things based on when you think the case will tie in. The USCIS processing times for the I-129F are never constant for everyone and you cannot time them. It’s like trying to time the stock market. Although general trends are upward, you can always have different results time to time.
I’ve written earlier about the I-129f processing trend (and the anomaly of how I-129F are seemed to be processed 10% more in some months). But in the conclusion, you will see that nothing points to the fact that it’s better to file your I-129F at any particular time. It doesn’t pay.
I understand your question is meant more for the quick relationship red flag. Which is always hard to detect because of the nuances involved in everyone’s case. Some people are perfectly fine meeting and getting engaged with 6 months, while others take years to take the same step.
So, the general rule of thumb is use is: if you’ve got plenty of hard evidence of a bona fide relationship, then the “quick relationship” red flag can be overcome. How do you personally feel about the evidence you’ve collected so far? would it convince a total stranger like the US Embassy officer that you’re a legitimate couple?
That’s the true litmus test.
-Prem
Hi Prem..
I was just curious to know if you have any input towards my case, I was just curious…
Im 26 and from South Africa, my Fiance is 24 from the mid west (States)
I met my Fiance online the 2nd of Dec, 2018. We clicked immediately, I then took the courage and went to visit her family over the Christmas vacation period, we are both Christians in ministry, we even met on a christian dating app… we then received her parents blessing, and for time sake filed a I-129F on Jan 23rd 2019, she later came to visit me by the end of Feb 2019 and we got engaged after my family gave the blessing, we are both English speaking and come from conservative backgrounds. we have ample social media and photo evidence to support our relationship.. any red flags to you?
Another question, do you know about the USCIS processing these petitions in batches,I saw many people online got approved in January 2019 from all different filing dates in 2018… if so has there ever been a pattern or trend, mostly just curious, but patiently waiting here for our NOA2
Thanks for the thread
Hello Kyle,
Thanks for sharing. Other than the relatively quick relationship, I don’t see any red flags. But even a “quick relationship” is relative and there’s no number I can tell you of how long your relationship should’ve cured for before you take the step to file the I-129F.
In regards to your question about “batch approvals”, there is indeed a small trend in that. You can read about in the analysis that I did several years ago on the very same topic:
https://www.visatutor.com/the-best-time-to-file-the-i-129f/
But the difference is not significant enough to warrant anyone applying at a different time.
-Prem
i’m from Morocco and i met my american fiancee on instagram in january 2018 she came here december 2018 she spent with me 15 days and then she came again in february 2019 she spent with me 7 days and we did an engagement party which is cultural in morocco can she submit i-129f now?
Hello Zakaria,
That’s up to you, friend. If you feel you have enough evidence, and that you two qualify, then you’re free to submit your I-129F paperwork. Be sure that you’re comfortable with the forms, relationship proof, and that you can convince an officer of the legitimacy of your relationship. You’ve got plenty of resources here to help guide you. Good luck
-Prem
Hello Prem. My boyfriend and I are planning to meet for the first time this month. He’s Haitian and I’m US citizen. We’ll meet for a few days and we’re planning to apply for the k1 visa a couple months after, when we’ve been together for 4 or 5 months at least.
We will take pics together and with friends, get affidavits from people who know us, conversations and marriage intent if necessary.
Do you think that would be an acceptable timeline so we can apply? We would meet again after applying so for the interview we would have more than one meeting in person and we can show it in the interview. We may get engaged for the second meeting and show that too.
Would that be enough to address that red flag? Thanks in advance.
Hey Christian,
Thanks for sharing your story. As you can tell, it’s difficult to give an exact number of what’s too quick and what’s not. You will have to base it on your individual circumstances. From what you have just shared, it doesn’t seem far fetched to say that 4-5 months is enough time. Remember, the focus is always on the strength of the proof of relationship which can “fix” red flags such as a quick relationship.
I suggest you also take a look here https://www.visatutor.com/6-tips-to-improve-your-case-while-visiting-your-fiance/
before you visit your fiance so you know what you can do to prepare.
-Prem
Prem:
I met a woman in the Dominican Republic about 3 years ago. I have visited her 4 times in the last 12 months. We have now decided we want to get married and have a child. I am 61 and she just turned 31. My two questions are this: Would it be better to have her immigrate as a fiancé, or get married in the DR and immigrate as a pregnant wife? And, will the difference in our ages “Red Flag” our case?
Hey Mike,
You will find information regarding the age difference red flag here https://www.visatutor.com/big-age-difference-a-k-1-visa-red-flag/
Also, it’s your choice whether you want to go with a spousal or fiance visa. Both have their merits in comparison. Being pregnant usually helps the fiance k-1 visa as proof of a bona fide relationship.
-Prem
Hello!
Thank you so much for this guide first of all. This is most definitely a very confusing process and having as much help as possible at hand is amazing!
I wanted to get an opinion on my current relationship and what would be the outlook for our situation.
Our boyfriend and I met each back in the beginning of July, met each other in Novermber and we are doing very much fine now in the month of December.
Nonetheless… This is not to say that we haven’t had our “issues” in the past, the first few months were problematic up to the point that we broke up and our now back together.
We took a step back, analyzed our mistakes, decided to give this another chance and I don’t repent one bit, we still have our issues here and there but it’s miles better in comparison to what we had before.
After we met, now by almost the end of December we’ve been talking about possible ways for us to be together at last.
My questions are:
1) My biggest concern as to why we could possibly be denied a K-1 Visa would be due to our age… I am 19 going to 20, he’s 20 to 21, how big of a problem is this going to be, will a petition be outright denied? etc.
2) We plan on seeing each other again in March, but for now, we’ve only met once, should filing the petition having that factor in be a problem?
3) will our issues in the past be brought up/be a problem when discussing this later in the process? this definitely worries me quite a bit, we were once rocky yes, but we’re pretty stable now
4) I’m from Costa Rica, and even though we don’t share the same mother language, I’m well versed on English and our differences in culture are irrelevant/minimal if not practically non existent, will this also be a problem?
Any kind of response would be highly appreciated, thank you very much in advance
Hey Vanessa,
Thanks for reaching out and sharing your story. I know it’s difficult to be in a long-distance relationship. If you’re confident with it, then you’re free to try the K visa.
1. The age difference is only 1 year. And that’s not a red flag in anyone’s book. Still if you’re worried, you can check this out https://www.visatutor.com/big-age-difference-a-k-1-visa-red-flag/
2. If you want to file before meeting the second time, that’s up to you. I want you to think about the kind of evidence you currently have and whether you feel that’s enough. If it’s enough, then you can file now. If you don’t feel it’s enough, you can meet the second time and then have that evidence with your I-129F.
3. Whether the officer brings up issues in the past is based on their discretion. They may look at it if it’s out of the ordinary or extravagant.
4. If you feel you don’t have a language barrier, then it will not hurt your K visa chances.
I hope this has helped you, dear. Keep in touch and let us know what you decide to do with the K visa process.
-Prem
Hello I recently got engaged with my fiance and we want to file a K1 visa. He is active in the military and will get an assignment overseas. Now my concerns are:
1.) what are the chances it will get expedited since he is in the military and how many months will it take?
2.) my fiance recently filed a fiancée visa with his ex and it got approved. They only broken up may 2018 because the girl cheated on him. He was too sad about it and forgot about withdrawing the petition so the file went on until it was approved. Do you think this will get us in trouble?
3.) we just met November 2018 and got engaged. He broke up with his ex this same year too. In your honest opinion, what do you think are our chances of getting approved?
4.) he is moving overseas in july and qe are hopimg i can get there in time, which can happen if the papers will get expedited under his orders as he is in active military. What is your opinion in this?
I hope to hear from you. We are getting so anxious about this. We are not putting everything in rush, however he wanted to take me with him in his overseas assignment and as everyone knows, you can only come if you are a dependent of the military- which requires me being married to him.
Hey Andrea,
Congratulations on the engagement.
1. Expedite for military happens but you must present a written statement of how he may be deployed soon and wants to have the K visa granted so he can marry you. I’m not 100% the expert on this process, but I’ve seen it happen before. You should do some research and figure out what’s the best template to use to draft this expedite request. If the request is granted, it will be processed immediately. If your request is not granted, then your I-129F will process exactly the same rate as everyone else.
2. If your fiance is a multiple filer he may have to request a waiver for it. Since he’s recently applied for a K-1 for another, he may habe to persuade them. You can follow my guide here to figure out how to comply https://www.visatutor.com/do-past-petitions-hurt-my-current-fiance-k-1-visa-case/
3. The chances of your success really depend on your unique case. I can’t really say right now. I mean I’ve seen cases similar to yours get approved without a problem. Other times, couples have issues. It depends on how well you present your case and the type of evidence you include.
4. If he’s expedited, you will be processed by the USCIS before everyone else. It’ll save you lots of months of processing time.
Hope this helps. If he’s serious about the I-129F and making sure it works out perfect, you can follow my online course https://visatutor.thinkific.com/courses/i-129f-step-by-step
-Prem
Hey there, I appreciate the valuable source of info.
Here’s my situation: I’m a naturalized U.S. citizen, arrived to the U.S. on K1 visa in 2011. My marriage was bona fide but didn’t work out and I got divorce from my husband.
Now, here is the confusing part. As I was still married, in January 2015, I went back home to see friends and met my now boyfriend. We did not have any romantic relationships at that time but kept talking online after I returned back to the U.S. Then our communication kinda died down until the beginning of 2018, when we reconnected online. We kept chatting away and on my recent trip home, met again and fell in love. We are the same age (29 and 30, speak the same language, same education and many other similarities).
To make it easier, here is a quick timeline of events:
Jan 2015 – met through friends, just talked
Aug 2015 – I got citizenship
Aug 2016 – my divorce
Jan 2018 – started talking again, decided to meet
Oct 2018 – spent 4 days together (tons of photo, tickets, all proof)
Nov 2018 – he applied for DV lottery and also got denied B1 visa. He wanted to come visit me in the U.S.
Now, my questions are:
1) Will it raise a red flag that we met the first time when I was still married?
2) Is DV lottery a problem because it shows his intent to immigrate?
3) Will it be suspicious for USCIS that I arrived on K1 visa and now repeating the same process for my boyfriend?
4) Is it reasonable to file for K1 now? We’ve known each other for over 3 years; however, we were not dating since our first contact, per se.
Thank you in advance,
Luna
Hi Luna,
Thanks for writing and sharing your story.
1. It’s definitely a red flag to have overlapping relationships. However, that’s not a new thing. It’s fairly common as you’ll read in # 3 here https://www.visatutor.com/fiance-visas-top-10-questions-and-answers/
2. The DV lottery and previous tourist visa denial are not a problem. As long as he didn’t have an inadmissibility or some kind of bad record, it won’t impede his future K-1 visa attempts. You can read a full explanation of it here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
3. It may be suspicious, but I doubt it’ll cause a problem. Besides, you’ve had several years in between the first marriage and the second K visa process. So, I doubt the red flag will be a big deal.
4. You can start the K visa anytime after you’re divorced. Keep the timeline in mind and make a intelligent choice of when you want to pull the trigger. As long as you have answers to any of the officer’s questions regarding the timeline of the relationship, it won’t harm your case.
-Prem
Heya, So i was curious what you think of this situation
So my GF lives in Japan, i visit her soon and ill ask her to marry me.
Now my question is should I marry her there in japan ceremony and all then file the 1-30 or wait, come to the US, then file the K1. My priority is to have us live together in my house in the US because its hard for me to afford to live long term in japan and pay rent in the US/japan at the same time. Thanks for the advice and great thread!!
Last question, can I file an I-30 or K-1 while in Japan? or do I need to come back to the US to file that?
Thanks in advance!
Hey Jason,
Congrats on the big step in life. I wish I could advise you on which route to take, but it’s really your choice, bud. Both the I-130 Spousal and the I-129F fiance have their own respective merits. The reason most of us prefer the K visa is because of the shortened waiting time which means we don’t have to be separated from our partners as long. Besides that, I see many other benefits. And I totally understand the fact that you cannot pay rent for two houses at the same time. Why don’t you do some research and compare the I-130 with the I-129F.
In any case, both the fiance visa and spousal visa petitions must be filed to the USCIS in the US. Technically, yes, you can be living in Japan when you file the I-129F, that will not affect your petition process.
-Prem
I don’t know where to start with this whole process. So, I, the US citizen needs to send the petition first, and then I get sent to an interview to prove that my partner and I have known each other for 2 years? I am very confused, especially with when and where to prove that I’ve known my partner for two years. Any help would be greatly appreciated.
Hey Joel,
It’s okay to be confused at first. But don’t worry, you’ve got plenty of resources to help you. I suggest you sign up to my newsletter for step by step guides. You should also begin here to learn about the entire process and what’s required https://www.visatutor.com/i-129f-process-flowchart-and-timeline/
-Prem
Hmm I wasn’t even thinking that the time could be such an issue. I met my fiancé online on 1st of April, and we “clicked” immediately. We could have met earlier than the end of July but we decided to take 4 months to get to know each other. And to be honest, it felt like more than enough when he proposed and I said “yes”. I’m from Russia, so we don’t have that many opportunities to meet because of distance and limited vacation time. So we filed at the end of August. Do you think it should be fine? We have some additional social media proof. His family added me to their friend lists since we were introduced online. But overall both of us are at the age where we know ourselves and what we want well enough and don’t want to waste any time when something feels right.
Hey Lo,
Yes, the length a relationship can be a factor in “red flags” in fiance visa cases. For most cases, just like yours, we take our time and get to know each other before getting serious. To me, this takes anywhere from 3-6 months on average. Which seems like the ‘normal’ time. After which we can submit the I-129F.
However, some couples jump very quickly from first contact, meeting, engagement, and filing in the span of 1-3 months… which is certain to raise red flags. Especially if other red flags are involved, then it’s a bad situation. I don’t think you fall within that category.
Also, there’s no way of knowing what’s “quick” for one couple or culture. On average, I would say 4-6+ months should be the minimum time before starting a relationship and starting the K-1 visa.
Sounds like to me that you’re okay.
-Prem
Prem,
I do think it is normal for people to be engaged after 6 months of contact, just don’t want a red flag to jeopardize the visa. We are very happy and want to be married. How long are visas typically taking? I have heard horror stories of 1-2 years! We are considering waiting another month since it will be our third time to meet and also an additional month. We also have a large age difference. I am 45 and she is 28.
Keith
Hello Keith,
I would agree with you. 6 months is usually long enough.
Once you decide to go for the K-1 visa, the USCIS is the longest part of the I-129F processing time with roughly 5-7 months on average. Subsequently, the NVC takes 1-1.5 months. After which the US Embassy takes 1-2 months. All in you’re looking at 8-10 months for overall until your fiance gets her visa.
-Prem
My fiance and I began talking in February 2018 and met for the first time in Barcelona in April. We then met again in Venice in July. We have plans to meet in Dominican Republic In October. After that, I plan to visit her in Kiev in January. Is it too early to file a petition? We still communicate in Viber daily and video chat. Thanks,
Keith
Hello Keith,
As you know a “quick” relationship is subjective to each case. What is quick for one may be not-so-quick for another. I’m not aware of your overall circumstances or case, but to me, a 6-month case like yours wouldn’t be considered a quick relationship (red flag). What do you think?
-Prem
Hi! My boyfriend and I met 29,oct 2017 via online dating site. We talked over months and we decided to meet in person this year july 2018. We are so much in love with each other. we have the same views in life and we understand each other in so many ways. And now we are planning to file the k1 visa. Thank you
Hi May,
Thanks for sharing your story. In terms of a quick relationship — I don’t see one in your case. You met in October and it was almost 9 months before you met in person. I think you’ll be fine with the submitting your I-129F now.
I met my girlfriend over 2 years ago on Facebook in May of 2016. We developed a wonderful, supportive friendship over the next year and half and eventually decided to pursue something more romantic after admitting our mutual feelings for each other. We dated long distance for about six months, chatting every day and video calling at least twice a week. While we told all our friends and family about the relationship, we didn’t makd it official publicly until after we finally met in person June of 2018. We spent two weeks together in Australia, where she resides as a permanent resident, She had intended to visit me in US this fall but her Tourist Visa was denied due to not being able to prove strong enough ties (she had just left her job as a hairdresser in pursuit of a company that would pay her a higher salary).
We want to be together again as soon as possible, and intended to wait until she got her citizenship in September in order to qualify for ESTA but I have learned that her visa denial may make her ineligible for ESTA and I really hate the idea of her spending another $200 to apply for the tourist Visa again if she is likely to be denied because she wants to visit me (her boyfriend).
At this point I am considering visiting her again in early 2019 and proposing to her then, and then starting the K1 visa process when I return home from our second visitation. She really wanted to visit the US before deciding to move here but I’m not sure the government will give her that opportunity since they probably suspect she will try to stay. Since the K1 Visa gives us 90 days, I told her it should give her plenty of time to make sure she wants to live in the US before we tie the knot.
Neither of us have any criminal issues, visa violations, or anything like that. We took lots of videos and pictures of us together and have over a years worth of facebook chat logs showing our friendship turned relationship. Do you think we will have any issues getting our K1 Visa approved? Do you think it’s worth applying for a tourist Visa again first or will multiple denials hurt our K1 Visa chances? She was denied in May 2018. She found a new job right after her denial but they are already letting her go because they don’t have enough hours for her.
I know this is rather long winded but I appreciate your insight and expertise!
Hello Derek,
Thanks for writing to me. I understand your concern about the tourist visa denial and whether it affects your fiance’s future K visa chances. Tourist visa denial (especially to the US) is a common thing and having a “no strong ties” denial is even more common. So, don’t worry about that. As long as she wasn’t denied or barred for some other reason, there’s no reason to fear denial. I’ve written much about tourist visa denial and it impacts the K visa process
I suggest you take a look for your own relief and get the facts for your education. Thanks for sharing your story and I hope you guys begin the K-1 process soon. Good luck and let us know how it goes.
-Prem
We met around July 2014 through an online dating website. We didn’t make it official until December 2015. It took us a year to save and finally was able to be in each other’s arms around December 2016. He stayed a month and 9 days at my place. We decided to meet again around my college graduation, which was June 10, 2017. He took me to Hongkong for 8 days and proposed. He stayed until July 25, 2017. My Fiancé filed around January 2018 and got our petition approved around July 2018. Am I raising red flags? thank you so much for your help. Btw, I’m a Filipina, and my Fiancé is an American, we both are 21 years old.
Hello,
If you’re worried about the length of time as a red flag, I think you’re going to be okay. You’ve got almost 4 years worth of history with one another. I don’t see this as a quick relationship. Do you have any other reason for fearing a red flag?
=Prem
Thanks for the quick response! To answer your question to be honest we are still figuring it out. I asked people interviewed in San Salvador embassy and so far they were not asked what language is used to communicate so we are just hoping the question is not asked. I know its better to be prepared. Me and my fiancee speak enough of each others language for basic communication and when we are together my google translate app does the rest of the work to fill in the blanks. I am currently practicing spanish and she is practicing english. When she arrives her she will be enrolled in an english academy 2 weeks after her arrival. I will have her bring paperwork to show her registration for the English school to the interview. I hope this is enough! And as far as the marriage decison goes we both felt we were ready and i had no problem proposing in spanish and we always have had great communication!
Hey Jay,
The answer you gave will work perfectly. Make sure you tell the officers, if they ask, that you two are taking lessons. They want to see actual efforts made by red flag couples to ‘fix’ them.
-Prem
Hi. I been reading all your blogs and they have been a great help! I wanted to know if you felt this was a red flag.
Me and my fiancee met online at the end of April 2017 on facebook.
From there we didn’t start becoming romantic until June 9th 2017 when we become exclusive.
I went to her home country of El Salvador in mid August where we met for the first time for 3 days and from there we became official. From there we dated online for the next 4 months until we both went to Japan for 2 weeks in the last weeks of December. I proposed on Christmas Day and filed I29 1 week later when I returned.
Over these last 7 months I visited her 3 times for short visits while we are engaged. 4 days in Costa Rica in February. 4 days in her home Country in mid April and 4 days just last early June. During the visits I got plenty of photos of me and her family and she also met one of my family members in the December trip. Now we are getting close to NOA2 with possible interview in August or September and we are worried if the consulate will see our length as a red flag. Also she does not speak english very well and we use translators to communicate often. Any advice?
Hey Jay,
The timeline of your relationship doesn’t seem odd to me. It’s been well over a year and you had several months for the relationship to develop before you filed in early January. However, the language issue may be a stickler. A common question may come up: how do you communicate? what are you doing to overcome the language barrier? taking classes? playing devil’s advocate: how did you decide to marry one another when you don’t speak the same language fluently? See a bit more here https://www.visatutor.com/fiance-k1-visa-no-commonality-red-flag/
Language barrier is a common red flag. But it’s also one that can be easily overcome. I suggest you two show attempts at getting over this. Let me know what you’re going to do.
-Prem
Please help. Is 2 years requirement only for uscis for for interview in embassy too? Because by the time I go on interview it will be 2,5 years saparate with fiance, we couldn’t see each other because forst my dad was very sick and then his mom so we just couldn’t meet(((.
Hello Inna,
That’s a very good question. The 2-year requirement is for eligibility for the I-129F. That means the USCIS wants to see you’ve met in the last 2 years. After your case is approved, then technically, it can be over the 2 years during the Embassy interview and you would still be in compliance.
However, even though that’s allowed, you have to be very careful. Going over 2.5 years without seeing one another may be a huge red flag. You want to ideally have several visitations before your interview.
-Prem
Hi Prem,
Thanks for your response.
There’s a couple more questions I want to know:
1. Can we block or cover some personal messages on our chat logs and friends name who liked our facebook status which we will submit to USCIS as proof of relationship?
2. We have a few (like 5 ) terms on chat logs which is in tagalog (Philippine language), can we just put an English translation to it without having it certified since I can understand, speak and translate it to English?
3. Regarding police certificate, I used to work in Taiwan for almost 2 yrs. (2014 to 2016) and I had my police clearance in Taiwan last March 2018, do I need to request updated certificate even though after 2016 I never come back to Taiwan?
Thanks a lot.
Hello Mii,
1. Yes, you’re allowed to redact (block out) any portions you’d like to keep private.
2. Yes, you may translate. You don’t need a certified translator.
3. PCCs generally expire 1 year after issuance. If you have the interview before it expires, you may still use it. Otherwise, you need an updated one.
-Prem
Hi Prem,
Me and my Fiancee initially met on Mobile Game last December 2017. We became a couple on January 2018 and decided to visit me in the Philippines last March 3-1, 2018. He proposed to me March 4, 2018. Last Month we took vacation in Hong Kong and Macau from June 1st to June 11, 2018. We have enough photos and evidence. We jus want to ask the following:
1. How many chat and call logs do we need to submit (a suggestion will be appreciated).
2. We can’t recover our first messages to each other on the game, is it okay?
3. Do we need to submit the Terms and condition of the Game?
4. Finally, do you think our case is strong enough? We will plan to submit it this Month (July 2018) if we finished our packet.
I am 26 years old (Filipina) and he is 27 years old (American). I can speak and understand his Language.
We have common interest for Travelling, Video Games and Food.
He is a Network technician Lead and I am a Supervisor in a Mall and property developer in the Philippines.
Hope you can enlighten us with our case.
Thank you much. 🙂
Hello Mii,
Congratulations on the engagement and big step.
1. chat logs depend on how much you have versus how much you communicate via chatting. I normally suggest 5-10 pages max of chats. But it’s up to you if you’d like to present them for a particular purpose.
2. There’s no requirement to present evidence when you first started chatting. It’s fine if you show the ones that help you comply with the 2-year requirement.
3. I suggest you be proactive and figure out the IMB situation of the game so you can submit it along with your I-129F. That way you won’t waste time with an RFE if they happen to send one.
4. Strength is subjective. I don’t know a lot about your case, but from the sound of it, you probably don’t have too many red flags. I’m assuming you’re not otherwise ineligible for a visa (criminal records, bans from the US, etc.).
good luck
-Prem
I have worked in more than two places in the last five years do I need to add all the places I have worked? My fiance has lived in more than two locations in the last five, do we put everywhere she has lived for the last five years?
Hello Patrick,
Yes, for the I-129F you will need to supply the information for the last 5 years – whether that’s for you home address, work address, jobs, etc. If you moved or switched jobs in the last 5 years, you’ll put that down in the I-129F petition. The same requirement goes for your fiance.
-Prem
My fiance and I have an 8 year age difference (27-35). We live half a world apart (US and India). Have cultural, religion, and ethnic differences, but he is fluent in English. We met randomly during my trip to India in September 2017, but our encounter was brief and we don’t have any proof of our first meeting outside of my boarding passes and hotel receipt in Delhi where he lives. We kept in touch after my trip and started our relationship in December 2017. In April we went on vacation together in Thailand for 9 days and got engaged. Is it too soon to submit our application? We have several photos from our trip (including photos with my uncle who lives in Thailand), daily call logs, and an extensive chat history.
Hi Marissa,
As you’ve read previously, it’s always difficult to place a number on how “quick” a quick relationship is. It might be any length of time that’s not sufficient for a real relationship to develop. For instance, I’ve had other readers who’ve met online and then went to meet each other in the span of one month before deciding to petition for a fiance. To me, something like that would be quick. This relationship would seem more like a staged deal.
But for yours, with several months of courting and vacation time with photos, I would say that’s plenty time. Again, your individual case may have other factors that I’m not aware of, but in terms of a quick relationship, I think you’re going to be okay. Focus more on the other ‘red flags’ (if any) that you have.
-Prem
Hi
I met my fiance in online dating app called Trans last may 2017 and he visited me last august 2017 for 3 weeks he wants me to go to Us but unfortunately i failed the tourist visa interview. We been engage last sept and he wants me to be with him so he filed a fiance visa last january2018. Hes planning to visit me and join me on my interview. W do videocall evaryday. Whats my chance of approval.
Thanks
Hello Pich,
That’s a very good question and it’s very common. A denial for a b1/b2 visa is typically not a problem for most k-1 couples. However, you should read this post to get a full answer about https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
In which I explain what/how a tourist visa denial affects your chance of k-1 visa approval.
-Prem
Hello Prem I am really worried that me and my fiance’s K1 visa will take so long :(. We known each other for 7 months before I went to Vietnam to see her. Now, I know her through her Uncle over here and he introduced me to her and we got along very well. I went there for almost 2 months, and spent time with her every day all day, and managed to sleep a few nights as well. We are very committed to each other, and we are not really worried about “fake relationship” for we have many many nice pictures taken everywhere, We also have a lot of text messages and all of that and no worry that i’ll suddenly have a large amount of money in my bank account lol.. How long do you think it would take? Do you think with an immigration lawyer hired, we could get it done in 3-5 months? It’s hard for me to visit back again, and long distance is so tough for us and it has just only begun. :((
Hello Oalz,
It sounds like you don’t major issues with your case. You have enough photos and face time spent with one another. As to your question regarding hiring legal help to make it quicker: hiring a lawyer doesn’t not impact the speed at which your case is processed. They will only help you file the paperwork. After that, you’re in the queue just like everyone else.
The normal processing time now is about 6-8 months total for most couples. You can see the current times here: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/ and join the discussion with the other couples
-Prem
I met my fiance in December on an online game. We originally were just friends and then in January he added me on Facebook. We began our relationship on Jan 20, 2018. In March, he came to visit me in the Philippines for 2 weeks and we got engaged. We are very in love and want to get married, but are worried about red flags. Should we wait until a 2nd visit, or wait a couple months to file the i129f?
Hey Mii,
Since you began speaking to one another in December and began a relationship in January, it’s been roughly 3-4 months. Usually the more red flags people have, the more I suggest that you hold a bit longer before applying the I-129F petition. However, it’s your call. Perhaps by the time you get your I-129F paperwork together, it’ll already be 5-6 months since you began a relationship. Which to me doesn’t sound too bad. But, of course, every case is unique and different. There’s no “perfect” timeline for anyone.
-Prem
We started talking around February, then he visited in April and then we got engaged :O
Oh, now I understand. So you began talking to one another in February, and he decided to come get engaged to you recently in April. Roughly 2 months? That still sounds like quite a short relationship. Although, there’s nothing stopping you from applying the K-1 visa.
-Prem
Hello!
Started dating my boyfriend (he is from the US) in March and he came to visit (I am from Asia) first week of April and got engaged during the trip. We are the same age (early 20s), we’ve talked everyday since we first met (no language barriers as I am able to speak English quite well), and we are madly in love with each other.
Is that a red flag with quick k-1 relationship?
Thanks.
Hey Mandy,
That’s quite a quick relationship. Tell me, did you know each other before you started dating? or was March (last month) the first time you two met and decided to get engaged? If that’s the case, then it sounds like you two need to allow some months to pass before you take the next step and file for a K-1. But, regardless, you’re still eligible to file the I-129F because you’ve met all the criteria.
-Prem
My divorce has finally been finalized and i plan to apply for a K1. I have been seperated for well over a year, and I got engaged within 3 months of seperation. In my previous marriage I was went through the green card process me being the US citzen and sponsoring my ex. the marriage did not work and I fell for yet another foriegner. I know this could potentially be a HUGE red flag as I will be applying again with another non us citzen. But this time its right and we are totally in love! we will be applying for a K1 with hopes of getting approved and will marry soon after. do you thinbk i will be approved?
Hey Miles,
You know that’s not a new kind of situation. I’ve known several readers who been in more than one relationship with a foreigner. And approval is definitely on a case by case basis.
Typically, it’s not a problem for most petitioners because quite a bit of time has passed between your petitions, am I correct?
I mean, your last relationship was probably several years long (petition, marriage, separation, divorce). So, unless there are other big huge red flags that weigh you down even more, then I wouldn’t think it’s a problem to petition for another foreigner.
Do you have any other concerns that you think can burden your case? And how long was your first relationship?
-Prem
Hello,
I met my fiancee through online in early 2016, we communicate regularly and starting dating few weeks after we met online. I got a B2 visa to visit her in January 2018. While I submitted my B2 visa application, I do not indicate that I am visiting a friend or a Fiance. I completed the B2 visa application on the basis of vacation visit to the U.S. All other conditions are okay, we have chat history, pictures, and receipts of gifts exchange which could prove our relationship bona fide. Since I did not indicate my visit to the States for the purpose of visiting a Friends/Fiance, does that raise a red flag while applying for k1 visa. B2?
Hello Dan,
“red flags” are something else. Red flags are those suspicious circumstances that shed doubt over your intentions for getting a K-1 visa even though you’re eligible to file. “inadmissible” or “ineligible” means that some technical aspect prevents you from applying for a visa. There’s a huge difference. Red flags can be overcome with proof of relationship, meanwhile inadmissibility are not easily overcome.
If you’ve made an honest mistake disclosing your intentions to come to the US, then be open/upfront about it the next time you are in front of an immigration officer and they ask. Is there a possibility no one will ask? yes, I’m sure.
Is there a possibility that they’ll inquire about it during your K-1 interview? yes, possibly. Will it harm you? probably not as long as you’re clear on what happened. Again, be open/upfront about your trips the next time you’re there and I doubt you’ll see a problem. For more information on how several tourist visa situations affect your K-1, please read the following article.
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
hi
i met my fiancee online through a friend, and we were engaged before we met in person. problem is, i am still legally married (divorce papers filed and we are just waiting for them to be finalized in a few months) i want to file the k1 papers as soon as humanly possible after the divorce is finalized. it was a VERY quick engagement to him (1 month) but we dont plan on being married till the one year mark (if the visa comes through). we have more than ample evidence of communication, but we will have only met in person twice before the marriage. will this seriously affect the likelihood of getting the visa approved? my ex and i have been legally separated for almost 2 years, there was just a lot of foot dragging with the paperwork for the divorce
Hey Leigh,
You had a relatively quick relationship while still technically married. You will have to wait until your divorce is finalized to submit the I-129F paperwork.
You’re not the first or the last person to begin a new life while the divorce is dragging on. Many people also meet their fiance while still in divorce proceedings, and then submit their I-129F fiance papers shortly afterward.
It’s difficult to gauge how this “red flag” will affect your K-1 visa eligibility. You have to compare if/how other red flags will fit in with your case.
You’ve been separated for 2 years, which helps your case. All in all, I wouldn’t think it’s risky for you to submit the petition perhaps after giving your relationship 6 months. What do you think?
-Prem
We met on a dating site on Nov 2017. We live half way around the world, 3 years age difference (37y.o and 34y.o), able to communicate in english, legally free to marry and do not have any criminal records whatsover.
We became exclusive on Dec 2017 and have talked about future and communicate everyday ever since. We went on a two weeks vacation on March 2018 where we also got enganged.
We wanted to file a petition for K1 visa but several attorney told us that K1 visa is impossible due to our quick relationship time-span. They suggest us to obtain tourist visa without mentioning any fiancè living in US and file our petition once we’ve lived together at the US. But we both do not wish to hide anything from the embassy since we do not want to have any possible harm on our case in the future.
We were just wondering whether you can help assist us in better way.
Would really appreciate your time and suggestions. Thank you.
Hello Rena,
congrats on making the big step. You don’t seem to have many “red flags” from the sound of it. Do you agree?
Be sure to read the ‘red flags’ article to compare yourselves. https://www.visatutor.com/fiancee-k1-visa-red-flags-of-denials/
First clarification: it’s not “impossible” to file for a K-1 visa (i.e. I-129F) because you’re qualified to do so. What your attorney should’ve said (meant to) was that it’s not a good idea from his/her point of view due to a quick relationship.
Secondly, don’t make the mistake of lying, hiding, or not disclosing facts about your situation to the US embassy when applying for a tourist visa. I’ve written much more about this subject in a recent article on getting a tourist visa during the K-1. https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
For your situation, be weary that a past denial only harms you if there was some sort of misrepresentation, lie, ban, etc. For that reason, not revealing your fiance is in the US is equivalent to lying for your motives to go the US, which can get you barred. Don’t risk it. It’s better to be denied a visa for “no strong ties” rather than get barred.
Now for my impression of your case. It seems like your relationship has been going on for roughly 5-6 months, which to me, doesn’t seem like a short time. And keep in mind that “short relationship” is a red flag. It’s not an automatic disqualification or reason for denial. Secondly and more importantly, who defines “short”?
How short is a “short relationship”? 1 month? 3 months? 6 months? it’s subjective. But it becomes an issue when it’s combined with other red flags. For this reason, since I don’t think you have many red flags, it wouldn’t be a big issue for you to file the K-1 petition relatively soon.
What do you say?
-Prem
Hi, I have been communicating every day through video chat and all of that to my soulmate from February 2018, I been researching the K1 visa and see that our age difference I am 23 he is 44 plus I am from the Caribbean and of Black decent while he is white and he is coming to see me April next month and plans for us to get engaged then go back home and do the K1 visa, I tell him about all of these red flags and that we should wait and have a second meeting first he not trying to hear all that as it is really important that we live together and have our baby as soon as possible if he does all of this and we have all the evidence that we love each other and communicate daily with this scernario do we stand a chance, I keep breaking his heart when I say wait only because we in a diffrent country but if we were in the same country we would live together and just do things our way and just plan our wedding.
Hi Shani,
That’s understandable that you worry about the age difference red flag. And I sort of agree with you that you should stack up lots of ‘face-time’ between yourself and your fiance if you’re to stand a chance of approval with a K-1. For cases with red flags, it always comes down to proof of relationship. The better and stronger you can make it, the easier time you’ll have with it. I think you should take some time to research, get more face time and evidence before proceeding with the K-1. Because once you mail in your I-129F, there’s less of an opportunity to make a “great first impression”. Let us know know what you two decide to do. I’m sure lots of use have similar situations.
-Prem
Hi, I been separated for 4 years now. it said it on my divorce paper and i finalize my divorce in January 29,2018 we got engage in January 16,2018. but we been together almost 5 years now. i just did’t wanted to accept the ring until i was divorce so how i was in the Dominican Republic a the time he gave me the ring. in between i got pregnant from a different man in which he is not on the baby birth certificate we been dating fort 5 years already but have a open relationship ,how can i go about this. i didt know how to explain to them when i filed. we don’t have old pic because even tho i was separated i though it was disrespectful to have pictures whit a different man. i have old conversation back to 2014 on Facebook viber tango whatsapp and some call log i use to sent hem money too. i been back home every other years.how can i go about this.
Hi Mercedes,
I see you’ve got a bit of a complicated situation. I know it may sound strange, but in reality a lot of this doesn’t matter to your case.
Remember to be eligible for a fiance visa, the requirements are to have met within the last 2 years (which you did, I believe) and you must be free to marry (which you now are after your divorce).
All this other situation with the pregnancy may be disclosed to the USCIS if you want but it’s not required.
However, keep in mind that the US Embassy always want to be sure that either the petitioner or beneficiary aren’t hiding some vital facts from one another. So, if they know you’re pregnant, they will ask the beneficiary about it. In some nations, they even ask the beneficiary to acknowledge this in writing.
Again, none of this affects your eligibility to file for your fiance. But these “red flags” (pregnancy and mix up with another man) may cause some delays or doubts during the interview phase.
-Prem
Should I get him to write a statement head of time saying we was separate at the time that I got pregnant before we got back together and get it notarized
Hi Mercedes,
Yes, you’re allowed to do that and save time. However, I’m sure it’ll come up again during the interview.
-Prem
Thank you very mucho. I will do that for the just in case.
Hello Prem,
I visited your website a couple of months ago, and you generously answered my question, for which I am grateful.
I would like to know if you can give the estimates when my interview will be arranged, if my NOA: Dec 20, 2017. NVC haven’t received my case yet.
Since my responsibilities at work are quite specific, my employer needs time to find someone to replace, and now asks me when I will leave. Of course, I know it’s impossible to be accurate but at least you have dealt with similar cases.
Thank you in advance, and Happy New Year!
Sonya
Hi Sonya,
I’m glad you got approved. The NVC takes roughly 5 weeks and then ships it to the Embassy. They take roughly 1-2 weeks to process before allowing you to schedule an interview. Even then the interviews are probably held 1-2 months after that.
Mid to late March 2018 is the earliest I think you’ll see an interview. But it depends on a variety of things. Where is your interview going to be held?
-Prem
Thank you so much for the answer. The interview will be held in Armenia, US Consulate in Armenia. Nowadays, NVC processing takes long/6-8 weeks/, and the overall process takes long. Anyway, hopefully will be in the US by April…Thank you once again
Please keep in touch and tell us what happens.
Hello I have not done my petition yet I keep debating between k-1 or the k-3(spousal) visa I do have my friend who did the k-1 visa and she petition her fiancé in June 2016 and she got her interview in Sept of 2016 but the embassy in Havana had partially closed and they halted interviews so she sat in limbo then I told her that she can choose what country she want to complete the interview and it didn’t have to be Havana sure enough she checked into it and the the is embassy said Columbia is where they will sent the visa to she she did her own homework and she was able to navigate the embassy website to get a appoint ment for her interview and this was in Dec 2016 and she and her fiancé flew to Columbia for two weeks so remember you need to be with your fiancé for the interview for at least two weeks due to getting the medical exam for him and waiting for results then after your interview you have to wait for your papers to be completed so give your self the two weeks .. then they flew back to Havana to take care of the visa process for him to leave Cuba and as of today they are flying home right now. It is unknown I hear that the longest wait is when you send it in the US tends to sit on the papers for at least 3-4 months the fast part is the interview etc .. so there is no timeline it’s just about that about 5-8months total thru the whole process… let me know anything else I can help you with I will be glad to help
Thanks for the great insight, Sheila.
I have a question I have been legally separated since 2004 but I finally divorced in October 2017 I have met my fiancé in June 2016 and we developed a relationship then in June 2017 we had got engaged we have a 13 year age difference he is 27 and I am 40 I am a US citizen. I also have a criminal background one a misdemeanor for welfare fraud for misrepresentation and me and my ex husband had a domestic dispute but I was arrest but released no jail time served but the ex never press charges and nothing became over it it was dropped. I have been traveling to Cuba every other month for 10 days since August 2017 and about to go again in January 2018 and I want to do the k-1 visa I would like to know would I have stumbling blocks I have tons of video and photos of us together and with his family my children flying there also we share same culture I am Puerto Rican decent and we don’t look like a age gap at all everyone thought I was the same age as him. Can you help
hello Sheila,
As you know, you’re technically free to file the I-129F as soon as you are officially divorced. Does your divorce document say when you legally separated?
Here are your potential stumbling blocks: slight age difference (but not huge); short courtship “on paper”. I’m not sure, but welfare fraud might be a white-collar crime which may be on the “specified” list where you have to disclose all the history (I’ll have to check on that). Any/all arrests (regardless of the outcome) must be disclosed. What are your feelings on those?
I was legally separated since 2004 by the courts I checked the wrong box it was suppose to be dissolution so all these years I thought we where divorce so I had went back to file for the actual divorce I am legally divorced as of oct 2017. And we got engaged June 2017 how I found out I wasn’t divorce was getting the court papers to get legalized to marry in Cuba and I saw I was legally separated
Short courtship it has been since June 2017 and we started talking to eachother since June 2016 I have a witness my sister and her friend who accompanied me on two trips to Cuba they can speak on how it is a bonified relationship
I see. Well, you should explain the situation in a statement. Be clear about what happened. Since you’ve been separated for a long time, I don’t think this will trigger any real ‘red flags’.
Hi again. This is the second time I am coming for advice. I used your advice last time and turned in my I29f. My fiancee and I have the following timeline.
Met online and talked for 1 month.
Dated online for 2 months.
Met her in person and have good photos.
Continued online for 4 months.
Stayed together for 2 weeks and enganged on Christmas. Filed I29f when i returned. ( so 6 months dating until enganged, met twice.
We have great photos and chat logs of daily talks. No age gaps and our facebooks corroborate our stories and show that it is legitimate. However we do not share a common language we speak a little of each others languages and use translators for the difference until we finish studying each others languages. Also is the government likely to look through these posts I am making here and on forums like VisaJourney?
Hello Jay,
It’s quite alright that you have a slight difference in language. As long as you can prove that you’re both communicating to each other, that’s a big plus.
As a matter of law and practice, the Embassy officers are allowed to review all social media, online sources and public information to research and come up with their decision. However, I’m not so sure how far they’ll go to single you out and check out your online history.
Do Embassy officer (consular officers) review online forums like visajourney? Yes, definitely. But, how often have they made a decision based on the conversations there? I have no idea.
Then again, you haven’t done anything worth raising red flags or risk incriminating your case.
-Prem
hello!
me and my fiancée met 1 year and 3 months ago and we since then have been in contact up to 5 phone calls between us everyday videos chats texts even mails and gifts everything can be proved by documents, we finnaly met when she visited me for a week and we spent evety minute together and took a lot of photos now that it’s been only 1 month after she left is it okay to apply now or wait few months if we should wait how long ? will the short meeting meeting cause us problems because it was only 1 week! the US embassy here is a bit strickt !
Hi,
The advice on this page for the kind of things that can cause problems in your case. Although, if you have the same exact problems, it doesn’t mean you’ll have issues at the interview.
If you had just one “red flag”, then it’s typically not a problem. But if you have a combination of “red flags”, then it’s a big problem. Because the Consulars know that fake couples usually have multiple red flags.
Your situation of meeting online for a long time, then meeting in person for a short time, isn’t different than what I normally encounter. Many do that. If you feel you can answer to the interview questions about the pace of your relationship, you’ll be fine.
-Prem
My fiance filed for K1 visa after two months he got divorced. Additionally he is a naturalized US citizen. Our relationship is bona-fide. We have provided all the evidences /photos, 5 visits within 2 years/, family photos, engagement/ . Can this fact serve as a red flag for USCIS? Can this slow down the receipt of NOA2. I got my NOA1 on June 19, but since we have got lots of time of nerve-wrecking waiting, I visited all the possible forums to figure out, and still no reply. Thank you in advance. Sonya, Armenia
Hello Sonya,
THanks for visiting.
The USCIS doesn’t really concern itself with “red flags”. They’re more worried about eligibility. Which means they look to make sure you’re eligible for a K-1 visa. As long as he was divorced before filing the I-129F, then it’s not a problem with the USCIS.
However, the US Embassy will review this matter a bit more. It’s up to them to figure out if the current situation needs more scrutiny. So, if they see that you guys had a quick relationship right after divorce, then they will ask questions about it.
-Prem
Hi i am 27 yrs old goin 28 this dec and my fiancee was 60 goin 61 this nov..weve meet online last august 2016 and we meet in person last november 2016 for ten days and we got engaged…then on january 2017 he filed a petition.do you think its too quick???
Hi Mary,
Age difference and length of relationship are very subjective. It depends on your unique case. It’s common for wide-age gap couples to be approved. But it boils down to a bona fide relationship. As long as you can prove that you met and maintain a bona fide relationship, you will have success in your K-1 process.
-Prem
I have a situation where I was arrested 16 years ago for felony threat against an old girlfriend who had a guy living with her which I didn’t know when I went to her home. I was not convicted and the charges were dropped after probation of community service and a class. I know it will show up because it did for my federal background investigation and I had to explain what happened to an opm investigator. Funny thing, the investigator was more nervous about asking about it than I was answering the questions.
Thanks for sharing. It’s important to make sure that all past convictions, arrests or charges are disclosed during immigration petitions. Not all crimes are automatic denials. Most of the time, it’s all about making sure the beneficiary (your fiance) is aware of any past criminal history before deciding to proceed with a K-1 to come and marry you.
If your fiance is aware, then it’s typically not a problem.
Again, thanks for sharing. Do keep in touch.
-Prem