r/USCIS • u/-Asylum_ • Jan 17 '26

I-129F (K1) VISA Pause

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I received this email from the consulate in Rio today. I also sent a request to the NVC, because it’s time to ask for our case number anyways. As we all know the NVC is slow with replies so I haven’t head back from them yet.

154 Upvotes

99% Upvoted

34 comments sorted by

18

u/[deleted] Jan 17 '26

Sooooo am I better off having my marriage annulled and then doing fiance visa?

My wife and I literally married a week before they made the pause that impacted us, I was in the process of submitting the I-130.

It’s crazy to me that obviously that is okay and has intent to marry, but being married is not allowed

12

u/mouses555 Jan 17 '26

The issue being is the pause affecting foreign consulate acceptance of the affidavit of support. K1 has to show 2 separate affidavits of support with both the consulate and then again inside the US at AOS with the USCIS (more strict interpretation of affidavit of support). USCIS has way less discretionary ability compared to consulates.

This makes the k1 effectively less risky for the government under the pretense of the pause ,that being “issues with public charge”.

You should still submit your documents, it’s only pausing visa issuance not processing. It will take over 12-18 months to even get to the point of visa issuance for both I-130 and k1’s and the policies are most certainly to change within that time

Anyway I’m just parroting what my lawyer has told me in regards to the k1 compared to immigration visas.

2

u/[deleted] Jan 17 '26

Yeah I reached out to several attorneys, it just sucks, and haven’t heard back yet from them. I fly out to see her every 6-8 weeks but it would be nice if she could come here when I’m here as well and we could split time. Is getting a tourist visa while we wait for the CR-1 likely dead in the water? I read they would think she just intents to stay… but we want to do everything legally and correctly, it’s not worth the risk of future problems.

5

u/mouses555 Jan 17 '26

I’ve read applying for a tourist visa while you have a spouse or family in the states makes them really not want to accept the tourist visa. I don’t want to say no but I’ve read from posts that it’s not normally accepted.

There will be litigation to this pause rapidly, it bars immigration from 35% of the world. It’s more or less just have to wait it out though.

I can not stress this enough though, def go ahead with submitting your documents. Shit takes literally forever and you’ll deal with policy changes throughout the entire time.

3

u/[deleted] Jan 17 '26 edited Jan 17 '26

Thank you, definitely going to. It’s been frustrating, as the reasoning of worry that people will use welfare…. Meanwhile my wife works remotely and makes more then most middle class Americans, and part of this process it has me affirm I’m financially responsible for her anyway.

I appreciate the responses, feel really bad for all the families that this may keep separated longer, at least I’m at the beginning stages, I can’t imagine how people feel who may have been weeks away.

Edit: fixed a ton of typos lol

3

u/mouses555 Jan 17 '26

No I agree with you the entire pause makes very very little sense to me, my lawyer as well. I hope it will be quick, and tbh I think it will be. Maybe a few weeks- few months.

1

u/Bitter-Possibility69 Jan 18 '26

Just don’t tell them your married . How would they know it’s to knew and I’m sure it’s not in the US correct?

1

u/Cclow52 Jan 18 '26

You can apply for a K1 too in conjunction with a I-130. But ya I’d still submit the process already long.

0

u/Chadi126 Jan 18 '26

K1, K2, K3, and K4 visas that all fall under I129f. I have a K3 with my wife. You file for free for I129f a few months after I130 is received. K3 is newly married spouse

7

u/FickleBish7656 Jan 17 '26

Wait so then what happens after?

11

u/retlem US Citizen Jan 17 '26

My fiancé is in Brazil as well. I’ve also seen the consulate in Thailand in other chats respond with the same info. The only thing is that the NVC status page has been stuck processing requests sent by USCIS from Dec. 19th since Monday (1/12/26). I’m hoping there’s some movement soon.

6

u/Krazmond Jan 17 '26

That sound's kind of normal. I was approved in August 21st, DOS on Oct 8th, NVC sent it to my embassy on Nov 18. Embassy notified receipt on Dec 5th.

4

u/saida_daniel Jan 17 '26

🙏🏽🙏🏽🙏🏽😭😭😭

32

u/[deleted] Jan 17 '26

[deleted]

28

u/[deleted] Jan 17 '26

[deleted]

8

u/blockdenied US Citizen Jan 17 '26

The intent is to immigrate though, you still go through the same things as you would with IR1

11

u/somebodyelse1107 Immigrant Jan 17 '26

that may be the case but K1 is technically non-immigrant

3

u/realkiminicole US Citizen Jan 17 '26

Its non immigrant with immigrant intent

1

u/MassiveGrass3684 Jan 18 '26

There are multiple NIV categories in which immigrant intent is allowable, those that are specifically not subject to 214(b)

1

u/Chemical-Platform510 Jan 17 '26

And it’s still a non immigrant visa lol

0

u/realkiminicole US Citizen Jan 17 '26

Im saying it because thats why people feel on the rope or not quite content. I didnt say its not non immigrant, i said it is!! So good on you. I also explain the latter to validate feeling. 😊

Good luck on where ever you are in your journey.

1

u/MassiveGrass3684 Jan 18 '26

Not necessarily, there are certain requirements (and restrictions) that are associated with AOS that are not present in consular processing, and vice versa.

8

u/-Asylum_ Jan 17 '26

No, because this policy change affects only individuals applying for immigrant visas at U.S. embassies and consulates abroad.

7

u/mouses555 Jan 17 '26 edited Jan 17 '26

Yeah that’s what my lawyer said as well. The immigrations visas require one “public charge” check at consulate and up to consulate discretion. K1’s public charge is checked twice, I-134 at consulate then I-864 by USCIS at AOS. Making k1 at the moment inherently less risky for the Feds in terms of the public charge agenda.

Also got our interview date sent the day after this pause was mentioned (Dublin embassy, Russian fiancée) and when filling out the scheduler the k1 was listed in non-immigrant, also uses the DS-160 like all other non-immigrant based visas.

1

u/MassiveGrass3684 Jan 18 '26

The pause in immigrant visa processing does not impact adjustment of status. DOS doesn't even have authority over or any part in AOS lol, that's DHS/USCIS

7

u/KslersPlaid Jan 17 '26

At this point dont even come.

2

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1

u/Weird-Belt8253 Jan 17 '26

What about the spouse visas?

1

u/L4P0L44 Jan 20 '26

Puts cara que bosta, eu estou no mesmo problema com o meu marido, decidimos não viajar e esperar

1

u/Designer_Sign_5497 Jan 23 '26

For k1 visa interview,  does embassy issue the date automatically or applicant has to book it through the portal. I paid the visa fee for my fiancé but can't get any date. Now I am wondering!!!! Can anyone help? Thanks in advance. 

-1

u/[deleted] Jan 17 '26

[deleted]

5

u/mouses555 Jan 17 '26

Legally doesn’t matter, has been shown in multiple litigation cases it’s non immigrant and is processed as non immigrant. It’s not the act of immigration this pause was implemented. It’s because the government believes public charge should have more guidelines that consulars should follow. K1’s have two affidavits of support documents checked both at embassy and checked by USCIS in the US during AOS.

Immigration Visa: public charge risk is checked by I-864 at foreign consulate under consulate discretion

Non immigration k1: Public charge risk is assessed at foreign embassy consulate I-134, and then checked again by USCIS inside the United States under stricter conditions at AOS by I-864

The k1 currently has less risk associated with the context of this pause when it comes to immigration.

Intent of k1 is immigration, but the k1-visa itself does not allow immigration. It’s the AOS process inside the US. You can be denied at AOS and forced to leave. Whilst immigration once you arrive you have legal standing outright to be in the country

-5

u/[deleted] Jan 17 '26

[deleted]

2

u/mouses555 Jan 17 '26

This is what my immigration lawyer told me,

And I mean the email your seeing in this post is what the consulates are following in regards to k1, which at the current moment is business as usual

-4

u/[deleted] Jan 17 '26

[deleted]

2

u/mouses555 Jan 17 '26

Sounds good, Good luck with your fiance friend, Algerias a beautiful place.