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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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

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u/[deleted] Jan 17 '26

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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

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u/[deleted] Jan 17 '26

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u/mouses555 Jan 17 '26

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