With the coveted K1 fiancee visa you, as an American citizen, can marry your fiancee in the United States. It does not matter if your fiancee is from the Philippines, Thailand, Romania, the United Kingdom, Mexico, or most any other country, we can help you. The K1 fiancee visa gives your wife-to-be the opportunity to do important and fun things such as meet your family. She will also be able to see if she likes the United States before making that final decision to be with you.
Fiancee Visa Preparation Services for U.S. Clients
We are International Fiancee Visa Service. We are experts with the K-1 fiancee visa process and K1 visa preparation. We work exclusively with U.S. clients who have a foreign fiancee or spouse.
Some Important Things To Know About the K1 Fiancee Visa.
The K-1 visa process is very detailed and complicated.
Summary of the fiancee visa process.
What Is a Fiancee?
A Fiancee is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
You have met your Fiancee in person within the previous 2 years prior/before we file your petition for a K-1 visa. You DO NOT have to have had a 2 year long relationship. Meeting Requirement: Exceptions: There is a provision in the law that may exempt the petitioner from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner." INA § 214.2(k)(2). Unfortunately, such waivers are very rarely ever granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all.
How Does a K1 Fiance Visa Work?
If you are an American citizen and you want your foreign Fiancee to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancee in the United States.
Filing the K1 Visa Petition
The K-1 visa is similar to processing an immigrant visa petition in that civil and financial documents are required. You must file the Petition for Alien Fiancee, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your Fiancee will apply for a K-1 nonimmigrant visa for a Fiancee.
The unmarried children under age 21 of the K-1 visa holder may be given K-2 visa, if they seek to accompany or follow to join the primary visa holder. Although the K-1 and K-2 visas are described as nonimmigrant visas, these visas are processed at the Immigrant Visa Unit at the U.S. Embassy.
What Should I Know about International Marriage Broker Regulation Act (IMBRA)?
The International Marriage Broker Regulation Act (IMBRA) has requirements that must be followed.
A Fiancee Is also an Immigrant
A K-1 visa is a nonimmigrant visa. Because K1 visas permit the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the Fiancee must meet some of the requirements of an immigrant visa.
Requirements for the K-1 VISA
1. You must be a U.S. citizen.
2. You have met your Fiancee in person within the previous 2 years prior/before we file your petition for a K-1 visa. You DO NOT have to have had a 2 year long relationship.
Meeting Requirement: Exceptions: There is a provision in the law that may exempt the petitioner from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner." INA § 214.2(k)(2). Unfortunately, such waivers are very rarely ever granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all.
3. Both you and your Fiancee are legally free to marry. You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.
4. You meet certain minimum income requirement*.
5. Your Fiancee does not have a criminal record.
6. Your Fiancee has not violated U.S. immigration laws.
7. U.S. citizen must be domiciled or residing in the United States at the time their fiancee has their consulate interview. NOTE: Active-duty U.S. military personnel and other U.S. Government personnel are considered domiciled in the United States while serving overseas.
8. Same sex marriages, although they may be legal in the state or country in which the marriage is obtained, are not recognized for immigration purposes. A K-1 visa will not be granted.
9. Parents' Consent (for 18-21 years old) or Parent's Advice (for 22-25 years old): Under Philippine law, the legal age for marriage is 18. If the contracting parties are between the ages of 18 and 21, they must present written consent to the marriage from their father, mother or legal guardian. While any contracting party between the age of 22 and 25 must present written parental advice, i.e., a written indication that the parents are aware of the couple's intent to marry.
10. You will marry the petitioning U.S. citizen within 90 days of entering the U.S. A K-1 visa requires a foreigner to marry his or her US citizen petitioner within 90 days of entry, or leave the U.S. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States.
11. You intend to enter the U.S. solely to marry the U.S. citizen.
Note: The unmarried children, under 21 years old, of a K-1 visa beneficiary can also immigrate with their parent. Because such children derive their immigration status through a parent, they are known as derivative applicants, and are issued a K-2 visa.
1. Filing the Fiancee Visa Petition .
2. Approval of the K1 visa at a U.S. Consulate in the country where the beneficiaries currently lives.
* A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
* Birth certificates from both of you
* Divorce or death certificate of any previous spouse for both the applicant and the petitioner
* Police certificate from all places lived since age 16
* Medical examination & vaccinations
* Form I-129F (Petition for Alien Fiance). If you have minor children who are eligible to accompany you, then you must enter their details on this form
* Proof of U.S. citizenship, examples include U.S. passport, original U.S. birth certificate, Certificate of Citizenship or Certificate of Naturalization
* Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
* Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
* One Nonimmigrant K1 Fiancee Visa Application, Form DS-156K
* Possibly form DS-160
* Evidence of approval to marry if you or your fiance are subject to any age restrictions
* Two nonimmigrant visa photos
* Proof of valid relationship with your fiancee
* Payment of fees
Vaccination Requirements
* All applicants for immigrant visas for Fiancees of U.S. Citizens (K-1) are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:
* Mumps
* Measles
* Rubella
* Polio
* Tetanus and diptheria toxoids
* Pertussis
* Influenza type B
* Hepatitis B
* Varicella
* Pneumococcal
Required documents for the K-1 visa:
1. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen’s passport issued with a validity of at least 5 years or a copy of the US Citizen’s naturalization certificate (front and back). This is used to establish citizenship.
Passport and photocopy of first and last page of your Passport.
2. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.
3. NBI Clearance (recent copy).
4. Foreign Police Clearance (if fiancee has resided outside the Philippines after the age of 16. This shall include residence as an expatriate or overseas contract worker).
5. Evidence of Financial Support which shall include the I-134 (Affidavit of Support) which shall be filed up by the petitioner and duly sealed and notarized, and a copy of the sponsor’s most recent Federal income tax returns as well as the 3 previous W-2's of the petitioner.
6. Evidence of your ongoing relationship; which should include copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), copies of phone bills, cell phone bills, emails (you can edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt
8. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give U.S. Citizenship and Immigration Services (USCIS) copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.
That's a lot of work. Right?
Do you really want to have the hassle of reading all that material and filing out all those forms?
If you were to just go by the directions on the U.S. Government web site for the Fiancee or marriage visa, you may have your application for a visa rejected and you must start all over again. There are certain requirements you that must adhere to, things that you must know about that you are not advised about on the these Government web sites. You are not just allowed to make the corrections, as the process has to be started from the beginning again with another payment of the filing fee and that also means more delays. Let's do it right the first time!
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We are Bonded & State Certified Immigration Consultants. We make the process as stress free as possible for you.
We have had clients from most every country, including: Thailand, Philippines, Romania, Japan, Mexico, Spain, Peru, Nigeria, United Kingdom, England, Briton, China, Russia, Canada, Germany, France, Australia, Isreal, Cambodian, Indonesia, and many more.
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