K1 Fiancé Visa

After obtaining the K-1 visa, the foreign national fiancé(e) can travel to the United States and be admitted for 90 days. During this time, the couple must get married.

After the marriage, the foreign national fiancé(e) can apply for Adjustment of Status (Form I-485) to become a lawful permanent resident (green card holder). The application must include supporting documents such as evidence of the marriage, medical examination, and financial support.

If the Adjustment of Status application is approved, and the couple has not been married for longer than two years, the foreign national fiancé(e) will receive conditional permanent residence valid for two years. The couple must file a joint petition to remove the conditions before the end of the two-year period.

It’s important to note that the K-1 visa process can be complex and requires careful attention to detail. It may be helpful to consult with an experienced immigration attorney for guidance.

Yes, certain circumstances may qualify for expedited processing of a K-1 visa application. However, it’s important to note that expedited processing is not guaranteed, and each case is evaluated individually. Here are some situations that may qualify for expedited processing:

Emergencies: If a medical issue or a family crisis requires the foreign national fiancé(e) to enter the United States urgently, the embassy or consulate may be able to expedite the processing of the K-1 visa application.

Humanitarian reasons: If the foreign national fiancé(e) has a compelling humanitarian reason for expedited processing, such as if they are a victim of domestic violence or other abuse, or if the U.S. petitioner or foreign fiancé(e) has a serious medical condition, the embassy or consulate may be able to expedite the application.

National interest: In rare cases, if there is a national interest involved, such as if the foreign national fiancé(e) is a prominent business leader or scholar who can contribute to the U.S. economy or society, the embassy or consulate may be able to expedite the processing of the application.

To request expedited processing, the petitioner or foreign national fiancé(e) should contact the embassy or consulate handling the application and provide documentation to support the request.

• Passport, DS-160 confirmation page, Appointment letter.
• Birth certificate: The original or certified copy of the foreign national fiancé(e)’s birth certificate.
• Police certificate: a police certificate from the foreign national fiancé(e)s country of citizenship and any other countries where they have lived for more than 6 months since age 16.
• Medical examination report by a panel physician approved by the U.S. embassy or consulate.
• Evidence of financial support: tax returns and employment verification.
• Evidence of relationship: photographs, travel itineraries, etc.
• Divorce or death certificates to show that the previous marriage has ended.
• Evidence of intent to marry: statement of intent to marry or evidence of wedding planning.

In general, obtaining a K-1 visa without meeting your fiancé(e) in person is impossible. The Petitioner and Beneficiary must have met in person at least once within the two years before filing the K-1 petition.

There are exceptions: when meeting in person would violate cultural or religious customs, or when medical reasons prevent the U.S. citizen petitioner from traveling. However, these exceptions are rare and require significant documentation to support the claim.

Even if you meet one of the exceptions, the U.S. Citizenship and Immigration Services (USCIS) and the U.S. embassy or consulate may still require additional evidence of the relationship and may delay the processing of the K-1 visa application.

The questions asked during a K-1 visa interview may vary depending on the consulate or embassy, the interview officer, and the case’s specific circumstances. However, here are some common questions that may be asked:

• What is your name and your fiancé(e)’s name?
• How did you and your fiancé(e) meet?
• When did you first meet in person?
• How long have you been in a relationship?
• What are your fiancé(e)’s plans for coming to the United States?
• Do you have any criminal history or immigration violations?
• How do you plan to support yourselves in the United States?
• What is your fiancé(e)’s current job or occupation?
• Have you met your fiancé(e)’s family?
• Do you have any wedding plans or arrangements?
• What is your fiancé(e)’s address in the United States?
• Have you or your fiancé(e) been married before?
• Have you or your fiancé(e) ever filed for bankruptcy or had financial difficulties?
• Do you have any previous travel history to the United States?
• Have you completed all the required medical examinations and vaccinations?

It’s important to be prepared to answer these questions truthfully and provide any additional information or documentation requested by the officer.

• How long have you been a vampire? (Reported by a petitioner in Romania)
• How many windows are in your fiancé(e)’s apartment? (Reported by a petitioner in Russia)
• How many apartments are in your fiancé(e)’s building? (Reported by a petitioner in Russia)
• What is the brand of toothpaste that you and your fiancé(e) use? (Reported by a petitioner in China)
• How many pictures are hanging on the walls of your fiancé(e)’s home? (Reported by a petitioner in the Philippines)

These questions are not typical and may have been asked by an individual officer for specific reasons related to the case. It’s always best to answer all questions truthfully and to provide any requested information or documentation.

No, if your partner is a green card holder (a lawful permanent resident) and not a U.S. citizen, you are not eligible to apply for a K-1 visa. The K-1 visa is only available for fiancé(e)s of U.S. citizens. However, other options are available for you to come to the United States to be with your partner.

Marriage-based green card. As the spouse of a green card holder, you may be eligible to apply for a family-based visa or adjust your status to a permanent resident. However, the process can be complex and may require significant documentation and evidence to prove the authenticity of your relationship.

A different type of visa, such as a tourist visa or a student visa, if you meet the eligibility requirements.

It’s always best to consult with an experienced immigration attorney to explore your options and determine the best course of action based on your specific circumstances.

Yes, as a K-1 visa applicant, you must provide evidence that you have sufficient financial support to cover your expenses and avoid becoming a public charge in the United States. This is typically demonstrated through an Affidavit of Support.

The Affidavit of Support shows that the petitioner has enough income and/or assets to support the K-1 visa applicant, at least at 125% of the federal poverty guidelines. The petitioner must complete Form I-134 (Affidavit of Support) and provide supporting documents, such as tax returns, pay stubs, bank statements, and proof of assets.

To meet the financial requirements for the K-1 visa, the petitioner must show that their household income is at least 100% of the federal poverty guidelines. The exact amount will depend on the petitioner’s household size and location. For example, as of 2023, the minimum annual income for a household of two in the contiguous United States is $22,880.

If the petitioner’s income falls below the minimum required amount, they may be able to use assets or a joint sponsor to meet the financial requirements. Assets may include savings accounts, stocks, bonds, and real estate. A joint sponsor agrees to take legal responsibility for financially supporting the K-1 visa applicant if the petitioner cannot do so.

The income requirements for the K-1 visa and the marriage-based green card are the same. In both cases, the petitioner must show sufficient income or assets to support the foreign fiancé(e) or spouse at 125% of the federal poverty guidelines.

If the petitioner’s income falls below the minimum required amount, they may need to use assets or a joint sponsor to meet the financial requirements for the green card application.

There are several reasons why a K-1 visa may be denied. Some common reasons include:

• Failure to meet the eligibility requirements, such as being legally able to marry, having a bona fide relationship, and passing background and security checks.
• Incomplete or inaccurate documentation, such as a birth certificate, passport, and police certificate, along with the application.
• Concerns about fraud or misrepresentation: if there are concerns that the relationship between the U.S. citizen petitioner and the foreign fiancé(e) is not genuine.
• Inadmissibility: if the foreign fiancé(e) is inadmissible to the United States for any reason, such as a criminal history or a medical condition.
• Other reasons, such as a failure to attend the visa interview or a failure to demonstrate sufficient financial support.

It’s important to note that a visa denial is not always the end of the road. In some cases, it may be possible to appeal the decision or apply again.

Yes, the initial K-1 visa petition can be filed online through the USCIS website. The USCIS offers an online system called the Electronic Filing System (ELIS) that allows petitioners to create an account, complete and submit forms, and track the status of their case online.

If you are going to send the petition by mail, the form should be filed at the USCIS lockbox facility that serves the petitioner’s area of residence. The specific address to mail the form depends on the state where the petitioner lives and the type of delivery service used.

After the initial petition is approved, the K-1 visa application process also involves an in-person interview at the U.S. embassy or consulate in the foreign fiancé(e)’s home country. This part of the process cannot be completed online and requires the foreign fiancé(e) to appear in person for the interview.

Generally, it is possible to schedule an interview with a U.S. embassy or consulate in a country different from your home country. This is known as “third-country national processing.” The availability and procedures for third-country national processing vary depending on the embassy or consulate and the country in question. Here are some important points to consider:

Eligibility: Not all embassies or consulates accept third-country national processing. It’s important to check the website of the specific embassy or consulate where you wish to schedule the interview to determine if they allow third-country national processing and if there are any restrictions or limitations.

Residency requirements: Some embassies or consulates may require that you be a resident of the country where you are applying. They may ask for proof of residency, such as a valid visa or residence permit. It’s crucial to review the specific requirements and guidelines provided by the embassy or consulate for third-country national processing.

Documentation: When scheduling an interview as a third-country national, you may need to provide additional documentation to justify your request. This can include explaining the reason for scheduling the interview in that particular country and demonstrating your eligibility for the visa or immigration benefit you are seeking.

Consular jurisdiction: Each embassy or consulate has a consular jurisdiction, which generally determines where they accept applications and conduct interviews. If you schedule an interview in a different country, you may need to demonstrate a legitimate connection to that jurisdiction or provide a valid reason for choosing that location.

It is important to consult the website of the specific U.S. embassy or consulate where you wish to apply as a third-country national for detailed instructions and requirements.

Additionally, it is advisable to contact the embassy or consulate directly if you have any questions or need clarification on their policies regarding third-country national processing. We can do it for you! Please book a consultation here. The initial consultation fee will be credited to the case fee if you hire us – all consultations for the clients are free and unlimited.