Articles Posted in K1 Fiance Visa

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Only a US citizen can petition a fiancé for a K1 Fiance Visa. As you may expect, the Petitioner will have to demonstrate that he or she is a US citizen to obtain a Fiancé Visa. You can submit the following documents to prove your US Citizenship:
Copy of your Birth Certificate
Copy of your Certificate of Naturalization
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In all the excited of getting your approval from USCIS for your K1 Fiance Visa, many of you may wish to schedule your Embassy interview at the earliest date. This is understandable. However, you should not try and schedule your interview until you have received your K1 Fiance Visa instructions from the Embassy and you have completed each step required by the US Embassy. Further, I would not schedule your Embassy interview until after you have received the Petitioner’s I-134 Affidavit of Support and all of the supporting financial documents.
At the Embassy interview, you will be required to submit an original signed I-134 Affidavit of Support and the Petitioner’s supporting financial documents. This means that the Petitioner must mail these items directly to you before the interview. Unfortunately, there are times when the mail gets lost or delayed and you don’t want to show up to the interview without these forms and documents, nor do you want to try and re-schedule your interview. Be patient and wait until you have everything in hand first, and then schedule your interview.
If you have any questions about the K1 Fiance Visa, you are welcome to call me toll free anytime at 1-888-515-3529.
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Merry Christmas and Happy Holidays to all the great people and families that I have met throughout the years.

Every year I meet new people who are looking for Immigration help. All of my clients have meet someone special and were in need of a K1 Fiance Visa, CR1 Marriage Visa or help applying for an Adjustment of Status to become a Legal Permanent Resident of the United States. The best part of my job is getting to know my clients and sometimes, staying friends after the work is done. I try and follow the families that I have worked with to see how they are doing once the process has been completed and everyone is settled. I always look forward to the new pictures and updates that I receive every year. I especially like to hear about how my families have grown and how any children are doing after arriving in the United States. Its a big adventure for everyone and sometimes a big adjustment. I am always available to talk and consult with. And, you are always welcome to send me new pictures and updates. If you like, we can include your pictures in our new family Facebook page. Just email me your pictures and any news at pettysjeff@gmail.com. To see our new firm Facebook page, click the Facebook link on our web page.

Again, happy holidays to everyone. I wish you a great holiday season and a safe and prosperous new year!

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Whether you are filing for a K1 Fiance Visa or a CR1 Marriage Visa, you will be required to file an Affidavit of Support and prove that you meet the income/asset requirements of a petitioner.
For a Fiance Visa, you will be required to file Form I-134 Affidavit of Support. Whereas, for a Marriage visa and when you apply for Permanent Residency, you must file Form I-864 Affidavit of Support. Regardless, each form requires nearly the same supporting financial proof.
The first document that you will need to provide is a copy of your most recent tax return. If you have not filed your most recent tax return, you will need to file it, or show Immigration that you got an extension or that you are not required to file by law. In most cases, the petitioner has to show a copy of the most recent tax year tax return. You will also need to provide a copy of a W2 or 1099 to support the income listed on your tax return.

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First, congratulations! You have successfully completed the first part of the Fiance Visa application process.
Now that your I-129f Petition for Alien Fiance has been approved by USCIS, you must now prepare and submit the next set of required forms and documents with the US Embassy located nearest to where your foreign fiancé resides.
Your fiancé will be contacted by the US Embassy about 3-4 weeks after your I-129f was approved by USCIS.  The US Embassy will either send a letter or email describing their procedures and requirements for working with them to obtain your Fiancé Visa. Every Embassy has its own procedures, but you can expect to have to submit an online DS 160 form and an I-134 Affidavit of Support form filled out by the Petitioner. The Embassy notification will also provide you with details for other items that you must obtain before your interview and how to make any fee payments. Read the Embassy notification carefully and do exactly as instructed.

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A K1 Fiance Visa is a non immigrant visa that allows the fiancé of a US Citizen to come to the United States for the sole purpose of getting married.

You need a K1 Fiancé Visa when you are in love with a person who is a citizen of another country currently living overseas and you want to get married. That’s the simple test.

If you would like more information about the Fiance Visa and how to apply for one, you are welcome to call me anytime toll free at 1-888-515-3529. I would be happy to discuss your situation and answer all your questions.

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After you receive your K1 Fiance visa, you have up to 6 months to enter the United States. Then once in the United States, you must get married within 90 days of your arrival or return home. If you have children who were issued K2 Visas, they can travel with you or within one year after your K1 Fiance visa was issued to you. If they do not plan to travel with you or within one year, they are not eligible for the K2 visa.
The next step in the process for the fiancé, after getting married, is to file for Legal Permanent Residency. This is also called Adjustment of Status. This must be done as soon after the marriage as practical. Separate petitions for Legal Permanent Residency must be filed for any children who entered the US on a K2 visa under the age of 21.
If you have any questions about the K1 Fiance visa, you are welcome to call me anytime toll free at 1-888-515-3529.
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The Petitioner for a K1 Fiance Visa or CR1 Marriage visa must submit an Affidavit of Support as a part of the application process. For the K1 Fiance Visa, the Petitioner must submit his or her Affidavit of Support on form I-134. Whereas the Affidavit of Support used for a CR1 Marriage Visa is submitted on form I-864. Both forms will require you to identify your current employment and sources of income and further prove your income using your most recent Federal Tax Return and W2. For each type of visa, you must be able to show that you earn at least 125% above the Federal Poverty guideline for your size family. In the case of the I-134, you will also be required to identify your assets. Only when you don’t meet the income requirements of a Marriage Visa will you have to identify your assets using the I-864 form.
The I-864 Affidavit of Support form is also used when adjusting status to become a Lawful Permanent resident. Sometimes this is referred to as the Green Card process.
You can review the forms by going to www.uscis.com. Click on the Form Tab and scroll down until you reach the I-134 or I-864 form links. Click on the link for your form and download the form and instructions.

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When a petitioner has filed more than one K1 Fiance Visa petition before, he or she may have to seek a waiver for multiple filings.
If you have previously filed a K1 Fiance Visa petition for two or more beneficiaries or you have had a K1 Fiance Visa petition approved within the last 2 years, you must file for a waiver.
To request a waiver, you must write a letter requesting the waiver and explain the facts of your previous petitions. Be sure to include full names, dates, and the case numbers for each filing. So long as Immigration does not conclude that you are abusing the system or not truly in love, you should get the waiver and be allowed to proceed with your new K1 Fiance Visa application.
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To obtain a K1 Fiance Visa, the US Citizen must file form I-129f Petition for Alien Fiance. The current edition is dated 06/13/13. No previous editions are accepted. File your forms and documents with USCIS at P.O. Box 660151, Dallas, TX 75266. The current filing fee is $340.00. Your check must be made payable to The US Department of Homeland Security.

If you have questions about the K1 Fiance Visa, you are welcome to call me anytime toll free at 1-888-515-3529.

Attorney Jeff Pettys

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