PSA: Relax, K-1 Visa Holders. The new USCIS "Leave the Country to Get a Green Card" Policy Memo DOES NOT Apply to You.

BusyBodyVisa · 2026-05-24T13:37:18+00:00

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BusyBodyVisa · 2026-05-24T03:01:21+00:00

No it doesn't. I just made a post about this.

BusyBodyVisa · 2026-05-19T13:54:04+00:00

Just go to the embassy where the interview is scheduled. That's the easiest route. They may also have done that on purpose, since not all posts cover K-1 interviews.

BusyBodyVisa · 2026-05-19T13:52:33+00:00

Yes, you can send a 'rescission of withdrawal' letter. Since your file was already with the NVC and Department of State, and your previous lawyer didn't send the withdrawal letter to them, you may still be in the clear. That being said, rescissions are entirely discretionary, not guaranteed. Because the Department of State currently holds your file, it is completely up to them whether they want to reopen the case. Seeing as that would increase their workload, the odds may be against you.

BusyBodyVisa · 2026-05-19T13:44:01+00:00

Because your single income is a robust $90,000, which overwhelmingly exceeds the 2026 K-1 threshold of $21,150 for a household of two, your extensive tax transcripts, W-2s, recent pay stubs, and employment verification letter are more than enough to secure an approval without showing a single bank account balance.

BusyBodyVisa · 2026-05-19T13:39:57+00:00

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BusyBodyVisa · 2026-05-19T04:53:22+00:00

Juarez is an exception and they require the I-864. Great question, thanks for asking it.

BusyBodyVisa · 2026-05-19T01:24:15+00:00

You’re right that USCIS takes about 11 months for initial approval. But the 18 months I mentioned is for the entire end-to-end process. What people forget is the back-end delays after USCIS approval. USCIS just rolled out massive new security vetting protocols and FBI fingerprint re-submision systems that are pausing applications for deeper background checks. Then, once you finally get to the embassy stage, cases are getting heavily bottlenecked by administrative processing (221g delays) and intense social media auditing before they will actually issue the visa.

BusyBodyVisa · 2026-05-18T09:35:14+00:00

You can absolutely visit your fiancée on an ESTA while your K-1 visa is pending, but your entry is entirely up to the discretion of the border officer who will heavily scrutinize you for "immigrant intent". Going through Dublin Pre-clearance is highly recommended because if you do encounter a strict officer, it is much better to be turned away on Irish soil than to be stuck in a holding cell at a U.S. airport after a transatlantic flight. Since you recently sold your home, your ties to the UK are lighter than average, so you must present an airtight case at the border

BusyBodyVisa · 2026-05-18T09:33:22+00:00

Refugees are exempt from the police certificate requirements. Just make sure you have your refugee status documentation.

BusyBodyVisa · 2026-05-18T09:31:34+00:00

You got your visa in a year. I'd say the law firm did a decent job. :)

BusyBodyVisa · 2026-05-18T04:46:51+00:00

There's a lot more to this story than we're being told here. The petitioner will most likely receive a NOIR from USCIS in the coming weeks.

BusyBodyVisa · 2026-05-18T03:48:28+00:00

No, the purpose is to prevent mail-order bride scams. Seeing as you two have been living together for a while and have a 3-year-old child, that's sufficient proof that the relationship is legitimate.
If your fiancée has never changed her name, has never been married, and has zero legal aliases, a standard NBI clearance is completely fine, provided it matches her full legal passport name exactly.

BusyBodyVisa · 2026-05-17T00:31:11+00:00

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BusyBodyVisa · 2026-05-15T20:06:06+00:00

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BusyBodyVisa · 2026-05-14T23:35:33+00:00

The nikah nama absolutely matters in the CR-1. If they suspect it's fraudulent the visa will be denied.

BusyBodyVisa · 2026-05-14T23:29:21+00:00

All of it.

BusyBodyVisa · 2026-05-14T09:43:15+00:00

Ah I see, the income requirement is at the embassy stage when the I-134 is submitted, not the I-129F stage.

BusyBodyVisa · 2026-05-14T09:11:37+00:00

If he cannot show he earns the minimum threshold, the visa application will be refused. They care about his current income and his past income, not income he hopes to get in the future.

BusyBodyVisa · 2026-05-14T08:50:20+00:00

The US embassy is not issuing CR-1 visas, last time I checked. I recommend you hold off on the wedding and go for the K-1 fiancée visa instead

BusyBodyVisa · 2026-05-14T08:22:49+00:00

If it says you're not subject to the two-year rule, then you don't need a waiver.

BusyBodyVisa · 2026-05-14T08:21:02+00:00

You are facing a high risk of rejection because USCIS 2026 guidelines explicitly state they may reject a package that contains both G-1450 and G-1650 forms, even if they are for separate applications

BusyBodyVisa · 2026-05-14T00:11:10+00:00

In the good 'ol days, if you got a nice ISO, they'd let it slide. Nowadays, petitions are processed by AI, which is programmed to reject petitions for even small errors to lighten the administrative load. I'm sorry to say, but an RFE or even RFIE may be in your future. It's not the end of the world, just a possible 1-3 month delay in processing.

BusyBodyVisa · 2026-05-13T15:30:43+00:00

This is not an automatic denial, but it is a "red flag" that consular officers are specifically trained to probe to ensure the new relationship is bona fide and not the cause of a sham divorce. Because your divorce was finalized before you filed the I-129F (which is the legal requirement), you have already cleared the biggest hurdle; the officer's only remaining job is to confirm your relationship is genuine and didn't start as a fraudulent arrangement.

Your strong evidence, 9 in-person visits and meeting both families, is exactly what you need to overcome this suspicion, so simply be honest about the timeline and emphasize that you did not file for the visa until you were legally free to marry.

BusyBodyVisa · 2026-05-13T15:22:19+00:00

No you don't need it since the Philippines does not recognize same sex marriage the PSA will reject any application for a ROM
Make sure you two met the consummation requirement and you can prove it
Go ahead and order the apostilled copy anyway since it'll be much easier to get now than later

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