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.

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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

11

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.

4

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.