Marriage Visa Attorney Blog

September 10, 2014

Financial Support for the K1 Fiance

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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August 5, 2014

Multiple K-1 Fiance Visa Filings

by The Law Offices of Jeffrey C. Pettys

USCIS allows a Petitioner to file more than one K1 Fiance Visa. However, if you have filed two or more K-1 Fiance Visa petitions in the past, you must apply for a waiver when applying again. You will also need a waiver if you have had one K-1 Fiance Visa approved within the past two years.

To request a waiver, you simply write a letter stating all available facts about your previous filings. Be sure to include the name of your former fiance, the date that you filled, and your former case number. You should specifically state that you are requesting a waiver, and attach the letter to your new K-1 fiance visa petition.

If you have any questions about the K1 Fiance Visa or how to requests a waiver for multiple filings, please feel free to give me a call toll free at 1-888-515-3529l. I would be happy to answer all your questions.

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June 25, 2014

Using a Co-Sponsor for a K1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

There is no legal prohibition against using a co-sponsor to support a K1 Fiance Visa. Whether it will be accepted or not by the US Embassy to support the fiance visa application is the issue.

It has been determined that the I-134 Affidavit of Support, unlike the I-864 Affidavit of Support used for Marriage Visas and Permanent Residency applications cannot be lawfully enforced due to the non-immigrant nature of a K visa. Nevertheless, most US Embassies around the world will give some consideration to a co sponsor’s willingness to help support the financial requirements of a Fiance Visa. The good news is most US Embassy’s will accept a Co-Sponsor and those that frown on it will likely give it some consideration depending on the facts of your case.

One reason for accepting a co-sponsor for a K visa applicant may be the recognition that a co-sponsor will be accepted if the parties were married and applying for a Marriage Visa or Legal Permanent Residency. It seems almost silly to exclude the use of a co-sponsor for a K visa when the parties intend to marry and subsequently apply for Legal Permanent Residency, at which time a co-sponsor can be used. Another reason for possibly accepting a co-sponsor for a K visa application is to try and help the US citizen marry his or her choice of a loved one.

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June 1, 2014

Dont Overstay your K1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

A K1 Fiance Visa requires the foreign fiance to get married to the US Citizen within 90 days of entering the United States. There are no exceptions.

When your fiance enters the United States, US Customs will stamp his or her I-94 card or passport with an expiration date that is set at 90 days from the date the fiance entered the United States. You have until that date to get married. If you do not get married as planned within those 90 days, the foreign fiance must leave the United States before the 90 days expires. If the foreign fiance overstays past 90 days, there will be some form of consequences. Some fiancés who don’t get married within the 90 days and stay in the United States are hoping to meet somebody else or find another way to adjust their status at a later date. This will not work and can very easily lead to harsh sanctions. Currently, there is now way to adjust the status of a K1 Fiance Visa holder who did not comply with the marriage requirements of their fiance visa. The foreign fiance who overstays will always be considered illegal while in the United States.

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May 16, 2014

Meeting Your Fiance For The First Time Overseas

by The Law Offices of Jeffrey C. Pettys

The immigration rules require the couple applying for a K1 Fiance Visa to have met in person within a 2 year period of time preceding the filing on their K1 Fiance Visa application. This typically requires the US Citizen to travel overseas to meet his or her fiance. The first trip will always be the most memorable and perhaps the most exciting, but in your excitement, don’t forget about your safety.

I have a few tips that you should follow to insure your safety.

Always stay in a good hotel. When I travel overseas, I look for the better well know hotels. These are usually four or five star hotels and they cost more. For starters, the hotel staff at the better hotels are trained to watch over their guest. They are familiar with the local dangers that a guest from the US would not be familiar with. Look for a hotel with a door man, bellman and lobby staff. They will greet you and take notice of you when you enter and leave the hotel. They can also arrange for a driver instead of a public taxi. The better hotels have security cameras and they monitor the hallways and will record who and when someone enters and leaves t your room. This type of security helps protect you from criminal acts. The difference between a good hotel that is safe and a bad hotel that isn’t may only be about 50 US dollars. This is a small price to pay for your safety.

Be very careful of public taxis. In some countries, it is very unwise to take public taxis. If you can arrange for a car and driver through your hotel, that’s best. In some countries, there is a pattern and history involving public taxis and kidnappings. Do your homework and try to understanding what are the safest ways to get around in your new country. Public transportation can be a better alternative, but again, it depends. Continue reading →

May 5, 2014

Fiance and Marriage Visa Fraud

by The Law Offices of Jeffrey C. Pettys

Getting married to a US citizen is perhaps the fastest way for a foreign national to get a visa to enter the United States and become a Legal Permanent Resident and possibly later, a US Citizen. It’s also the easiest way to stay in the United States after your visa expires. Professing that you are in love with a US Citizen is highly subjective and this reality creates an environment for fraud.

As we all know, people of widely different backgrounds and ages can fall in love. Relationships are formed from an almost endless line of circumstances. Some are formed after diligent search and some by unexpected chance. There is no set formula for falling in love and who we should fall in love with. That being said, there are a few factors or issues that are possible signs of fraud.

Age: Although a great disparity in age is not proof positive of a fraudulent relationship, it will likely give rise to a heightened level scrutiny. An age difference of 25 years of more will raise a few eyebrows. There is no magic age limit, but if the couple are separated by so many years that it’s hard to imagine what they may have in common, it will be an issue that must be overcome. A relationship where one person is in their late 60s and another in their late teens or early 20s is going to be very suspicious. Showing how the relationship was formed and how the couple interacts with each other will be important.

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May 1, 2014

New Online DS 260 Form For The CR1 Marriage Visa

by The Law Offices of Jeffrey C. Pettys

Obtaining a CR1 Marriage Visa starts with the submission of the I-130 Petition for Alien Relative form and all the required documents with USCIS. After receiving approval of your I-130 form, you will next be contacted by the National Visa Center who will send you a letter or email instructing you to pay your fees and to submit your Immigrant Visa Application Form and your I-864 Affidavit of Support, along with more documents. The National Via Center has updated their form and is now using an online form called the DS-260. This replaces the older DS 230 form.

To start working on the new online DS-260 Immigrant Visa Application form, you will need to go to: https://ceac.state.gov/CEAC/ and then click on the link for the DS 260 form. Before you can login to complete your form, you will need your NVC case number your NVC ID number. You can find this on your NVC email or letter. As you proceed through the form, you will be asked a number of questions and then when each page is complete, you can proceed to the next page. You cannot proceed to the next page until every question is fully answered. If you need to exit the form to get the answer(s) to a question you cannot answer on the spot, I suggest you save the form and then return later with your answer(s) to continue.

You will need a copy of your USCIS I-797 Approval Notice and a copy of the beneficiaries passport bio page to complete the form.

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April 30, 2014

K1 Fiance Visa Interview Questions

by The Law Offices of Jeffrey C. Pettys

What questions will I be asked at my K1 Fiance Visa Interview?

I get this question a lot. Understandably, my clients are always nervous for their interview and the first thing I tell them is that they have nothing to worry about. When your relationship is genuine and honest, all you really have to remember is to tell the truth. You are seeking a fiance visa because you are in love and want to get married. You can expect that most if not all of your questions will be about your fiance, how you met, what made you fall in love and what are your plans together. Most interviews take less than 20 minutes.

Some typical questions that you might get asked at your fiance visa interview are:

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April 29, 2014

Who should you hire to help process your Fiance or Marriage Visa Application?

by The Law Offices of Jeffrey C. Pettys

Today, there are more options than ever to find someone to help you apply for a Fiance Visa or Marriage Visa. There are discount visa processing companies located in virtually every country in the world, numerous attorneys and law firms, friends who have gone through the immigration process and claim to know something about it, and yourself.

Processing your visa paperwork is a very important step to insure that you and your loved one can stay together and become the family that you want to be. No matter who you hire, great care must be given to your application to make sure it is done correctly and timely. And regardless of who you hire, it’s an expensive undertaking. For sure, there are differences in the fees charged by the various service providers for their work, but when you add in the filing fees, its expensive no matter who you chose. I guess what I am trying to say is that this is no time to be “penny wise and pound foolish”. You will always get what you pay for. The lowest that I have found for the discount Fiance or Marriage Visa processing companies is around $500. That’s really cheap. The most expensive I have found for a law firm is around $2700. I think something like $1000-1300 for the legal work is fair.

The question you should be asking yourself is not who is the cheapest service provider, but who provides you with the best value for your money. To determine this, you have to understand what it is you should be looking for and what level of service and care do you really need.

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April 28, 2014

Using a Co-Sponsor for a k1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

Can I use a Co-Sponsor for a K1 Fiance Visa?

The simple answers is yes. You can use a co-sponsor if the Petitioner of the Fiance Visa cannot meet the income requirements as required. However, keep in mind that each US consulate or Embassy has some say in the matter. Some US consulates and Embassies don’t fully embrace the use of Co-Sponsors for Fiance Visas, but it is allowed. To be considered, the co-sponsor must meet the income requirements for himself/herself, his or her family, the Fiance Visa Petitioner plus the foreign fiance and any children that he or she intends to bring to the US.

The Petitioner must still file his or her I-134 Affidavit of Support and the required documentation along with the same forms and documents for the co-sponsor.

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