Articles Posted in K1 Fiance Visa

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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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The K1 Fiance Visa requires the Petitioner and Beneficiary to get married within 90 days after the foreign fiancé enters the US. After getting married, the couple must then apply for the foreign spouse’s Legal Permanent Residency (Green Card). Once granted, the Beneficiary has Conditional Legal Permanent Residency status. The conditional nature of this status must be removed within 90 days before the two year anniversary of the date that USCIS granted the foreign spouse his or her Legal Permanent Residency.

To remove the conditions attached to the Conditional Legal Permanent Residency, you will need to file form I-751. Further, you will need to support your application with evidence that you and your spouse have been living together as a married couple. Suggestions include, utility bills, medical coverage, lease or mortgage agreements showing both names, pictures and Affidavits from at least two people who know you personally. See online instructions for the Form I-751.

If you have any questions about the K1 Fiance Visa process, and any subsequent matters pertaining to your spouse’s Legal Permanent Residency, please feel free to give me a call at 1-888-515-3529.

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K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

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I am frequently asked by couples interested in applying for a K1 Fiancé Visa whether a large age difference will cause immigration to deny their Fiancé Visa request. Generally the answer is no, but a large age difference between a couple is a factor that USCIS will consider. There is no set rule or restriction on ages, but the wider the gap between the couple’s ages, the more scrutiny you can expect your application to receive. USCIS will evaluate all the factors that you submit to show that your relationship is genuine. Where there is a very large age difference between the couple, the more facts you should present to show that you are truly in love. In my experience, age differences of 10, 20 and even 30 years is not uncommon.
You are welcome to call me anytime if you have any questions about the K1 Fiance Visa. I can be reached toll free at 1-888-515-3529.
Attorney Jeffrey C Pettys

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It is not uncommon when applying for a K1 Fiance Visa or a Marriage Visa that you will receive a Request For Evidence (RFE) during the process.
A Request For Evidence can be sent for a variety of reasons and is not cause for concern. Most times, a RFE is sent when something is missing or lost by USCIS, a copy of a particular document is not clear or is not an original as required, or maybe when more proof of a fact is needed. It is also sent when their are mistakes made in the application paperwork.
If USCIS is asking for something that you have already provided, don’t argue with them, just re-send it! USCIS does lose or misplace items but getting them to admit it is a waste of time. You are dealing with a large bureaucracy and its just best to comply without complaint.

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The petitioner of a K1 Fiancé Visa will have to demonstrate that he or she earns at least 125% above the Federal Poverty Guidelines for whatever size family you will become after getting married. I suggest using the percentage of 125% because this is the number you must use when filing for your fiancés eventual change of status to become a Legal Permanent Resident To determine this amount, you need to review the Federal Poverty Guidelines published yearly by the US Government. You can find this online at:  http://aspe.hhs.gov/poverty/13poverty.cfm.
 
You will need to demonstrate that you earn or exceed the required amount for your size family. Your family size will include you, your fiancé/spouse and any dependent children that you will be responsible for. For example, if you plan to marry someone with two children and you have a dependent child of your own from a previous marriage, you family size would be 5.
To determine the amount required to support your fiancé, you must look at the Federal Poverty Guideline for a family of five. See below chart:

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