Marriage Visa Attorney Blog

Every Petitioner for a K1 Fiance Visa must file an I-134 Affidavit of Support form along with a copy of their most recent tax return, W2 or 1099, bank statements, a few pay stubs, a letter of employment as well as any other relevant supporting financial documents. For those that are self employed, the tax returns can become problematic. As a self employed person, you should take every deduction you can lawfully take to reduce your taxable income. The goal is to show as little taxable income as you can to avoid having to pay extra taxes. However, if you take to many deductions to the point that your Adjusted Gross Income falls below the required level of support required by USCIS, you can unintentionally fail to show that you meet the income requirements of a Petitioner.  Don’t expect  your Embassy personnel to be tax experts and able to piece together your income from the various schedules and pages of your tax return. They will likely look at the amount reported as your Adjusted Gross Income and if that number fails to meet the income requirement, and you have not provided other evidence to show that you have significant assets, your K1 Fiance Visa application could get denied.

If you have any questions about the K1 Fiance Visa or would like to discuss your immigration matter, you are welcome to call me anytime. You can reach me toll free at 1-888-515-3529.

Jeff Pettys

Adjustment of Status – Green Card explained:

Unlike the CR1 Marriage Visa, the beneficiary of a K1 Fiance Visa does not automatically become a Legal Permanent Resident upon entering the United States. Rather, the K1 Fiance Visa is a non immigrant visa that allows the fiance to enter the United States one time for the sole purpose of getting married. The K1 fiance then has 90 days to get married and then must apply for his or her Legal Permanent Residency “Green Card”.  The time frame for applying for your Legal Permanent Residency for a K1 Fiance Visa holder is not specially spelled out, other than to say that it must be done soon after the marriage takes place. I think a good rule of thumb is to apply for your Legal Permanent Residency “Green Card” within the first 30-60 days after getting married.

If you have any questions about the K1 Fiance Visa or would like to discuss your immigration plans, you are welcome to call me anytime toll free at 1-888-515-3529.

Fiance Visa forms can be found at www.uscis.com. Once on the home page, click on the tab for “forms” and a list of the forms will appear. You can read and review the forms or download them directly to your computer. The instructions can also be found with the forms. The forms and their instructions are always free from the official government site. For a Fiance Visa, you will need forms: I-129F, and G325A. Its always a good idea to read the notes on the website regarding the form’s expiration date. USCIS is always updating their forms and they will let you know when they anticipate updating the forms and which outdated forms will still be accepted. You can use an outdated form so long as they are still being accepted. If you use a form that is outdated and no longer accepted, USCIS will likely return your file and application.

You are welcome to call me anytime should you have any questions about the K1 Fiance Visa. You can reach me toll free at 1-888-515-3529.

Jeff Pettys

The petitioner for a Fiance Visa must show that he or she has sufficient income or financial resources to assure that the fiance you are sponsoring will not become a public charge while in the United States. To meet this requirement, you must file form I-134 Affidavit of Support and submit various documents proving your income and financial resources.

Form I -134 provides a list of the required documents, but my experience has shown me that the following items must be submitted for a smooth approval:

The Petitioners most recent tax return and W2. Although not specifically stated, it seems as though most US Embassies or Consulates require the latest tax year’s tax returns. In some cases, the Embassy may accept a previous year’s tax return with an approved extension, but this isn’t ideal. I have seen a recent trend whereby the processing Embassies are requiring the most current tax return and W2. If you are paid as an independent contract, you will need to submit a 1099 form in place of the W2. If you are self employed, and are required to submit a schedule C, you should submit schedule C with your tax return.

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Does it matter what state my Attorney works from or lives in if I want to obtain a Fiance Visa or a Marriage Visa? ………NO, not at all.

Immigration law is governed by Federal Law and for this reason, any licensed Attorney can practice Immigration law from any state in The United States and represent clients from other states and around the world. Further, since applying for a Fiance Visa or a Marriage Visa depends mostly on the submission of forms and documents, it is not necessary to meet your Attorney in person. The work between the Attorney and the client can take place over the phone and through email. In fact, the most efficient and cost effective way to help clients obtain a Fiance Visa or a Marriage Visa today, is to work together using email and other forms of electronic communication.

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Everyone applying for a K1 Fiance Visa have to file Fiance Visa Forms. To apply for a K1 Fiance Visa, you will have to file an I-129F Petition for Alien Fiance(e) along with a G-325A Biographic Information form for both the Petitioner and Beneficiary (the future husband and wife).  These forms will have to be filed with the required documents. A list of the documents can be found in the instructions for both forms. You can find the forms by going online to the US Citizenship and Immigration Services site. You can find it at www.uscis.com.

Once your I-129F is approved and your application has been sent to the US Embassy where your foreign fiance lives, you will be required to file all or a combination of the following Embassy forms: I-134 Affidavit of Support, DS-230 Application for Immigrant Visa and Alien Registration, DS-156 online Supplement to Non Immigrant Visa Application , DS-156K Non Immigrant Fiance Visa Application, and DS-157 Supplemental Non Immigrant Visa Application form.  These forms can found online at The US Department of States web site at www.state.gov. Each US Embassy location has their own specific procedures and requirements. To determine what forms are required by your Embassy location, you will need to check their Embassy web site of wait for notification from the Embassy.

I recommend that you hire legal counsel to prepare your documents for both USCIS and the US Embassy and otherwise help you through the entire process. Your legal counsel should provide you with unlimited consultation during the entire process and help prepare your fiance for his or her Embassy interview.  You are welcome to call me anytime to discuss your visa plans. You can reach me toll free at 1-888-515-3529.

Congratulations!

The recent Supreme Court’s ruling against The Defense of Marriage Act gives married gay couples all the federal benefits and rights that straight married couples are entitled to, which presumably should include the right to apply for a K1 Fiance Visa, a CR1/IR1 Marriage visa and Legal Permanent Residency for same sex spouses.

Janet Napilitano, Secretary of Homeland Security, confirmed the effect of the ruling in a statement yesterday. “I applaud today’s Supreme Court Decision…..This discriminatory law denied thousands of legally married same sex couples many important federal benefits, including immigration benefits,”, she said “working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”

Processing times for a K1 Fiance Visa explained:

The average wait time for a K1 Fiance visa fluctuates a bit from time to time, but on average, you can expect to receive your K1 Fiance Visa in about 6-8 months from the date that you first filed your application forms and documents with USCIS. This is an approximate time frame, not counting a holiday season such as Christmas and New Years, and for applications that are complete and easy to approve.

Some companies advertise processing times of 3 to 4 months. This is not accurate and most likely, these companies are only referring to initial USCIS approval, not the approval of the visa by the US Embassy/Consulate in the country where your fiance lives.

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Filipino fiances with a K1 Fiance visa who plan to leave the Philippines to settle permanently in the United States are required to register with the Commission on Filipinos Overseas. Part of its registration requirements is attendance in the Pre-Departure Orientation Seminar (PDOS) to prepare them for settlement overseas.

Country-specific PDOS are conducted for Filipino emigrants to address their adjustment concerns in their destination countries. In these seminars, various topics are discussed such as travel regulations, immigration procedures, cultural differences, settlement concerns, employment and social security concerns and rights and obligations of Filipino migrants.

Those who are 12 years old and below are exempted from attending the PDOS. They must, however, be registered, even if by proxy. Children of emigrants, aged 13 to 19, are required to attend the Peer Counseling Program to help facilitate their adjustment to a new environment.

The minor children of a parent who has applied for a fiance visa can come to the United States with their parent or follow at a later date. As children of a fiance visa holder, they qualify for K2 Visas. In order to obtain a K2 visa, the minor children must be listed on the Applicants I-129F Fiance Visa application form. They do not need to file their own I-129F form with USCIS. However, once USCIS has approved the parents I-129F fiance visa form, the minor children of a fiance visa holder will need to file their own visa application forms required by the US Embassy or Consulate along with their parents’s visa forms. They will also have to pay their own visa application fees.

You are welcome to call me if you have any questions about obtaining a K1 Fiance Visa of K2 visas for children. You can reach me toll free at 1-888-515-3529.

Attorney Jeff Pettys