Fiancee Visa FAQ's
Frequently Asked Questions about the K1 Fiancee Visa/K-1 Visa
Q. How long after the USCIS Approval Notice of Action until the interview date letter and Embassy packet?
A. The Embassy packet and interview date letter are sent by the Embassy about 1-2 months after the USCIS Approval Notice of Action.
Q. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary?
A. No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary. This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance. If a dependent child of your Fiancee seeks to enter the United States more than one year after your Fiance has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
Q. Should I include all of my Fiancée's children in the K1 visa petition?
A. USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to USCIS for reconsideration.
Q. My Fiancee entered the U.S. on a K-1 visa, but had to leave the U.S. before we were married, what can I do get my fiance a new K1 visa?
A. K-1 visas are issued valid for a single entry and a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K1 visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K1 visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with USCIS prior to your Finance's departure, you will need to start the K-1 visa process again.
Q. What percentage of visa applications are denied?
A. The USCIS reports that almost 50% of all fiancee, spouse, marriage, Visa Applications are DENIED!
Q: Can my fiancee from the Philippines get a tourist visa to the United States and we marry here or will it satisfy the having met in-person requirement?
A. It's almost impossible for a Filipina to get a tourist visa to the U.S.
Securing a US tourist visa is not a simple task. There are a lot of strict conditions and requirements that need to be complied with before the highly coveted B-1/B-2 visa may be issued. A Tourist Visa is "possible", although highly improbable. The U.S. Embassy in Manila denies about 200 or more each day and to think each application for a tourist visa comes with a non-refundable $140 fee. In more than a few occasions, applicants who are confident of being granted a us tourist visa get shocked by its denial due to unexpected turn of events.
Although not an official requirement, those having success in achieving a tourist visa have held the test of being able to demonstrate proof of their return to Philippines at/prior to the end of any would be tourist visa, which tends to need lots of Peso in the bank under a long standing high balance bank account, deed/title to house/lot and car, business, spouse/children, etc. any/all of which show ties to Philippines and a commanding reason to return and not disappear.
A tourist visit cannot be converted to a K1 fiancee visa nor can it be converted to a K3 Spouse visa or a CR-1 Marriage visa and if they find out that she used a tourist visa to come to the U.S. with the intension of marrying you or becoming engaged to you, then she will have committed immigration fraud and possibly be banned from the U.S. forever. The best way to do this is to go there and meet her face to face, then we can file and get her a K1 visa fast.
Q. I would like to know about how much money I need in order to invite my fiance to the US.
A. You must meet either 125% of the poverty guidelines, or meet the asset requirement.
Q. What fees are involved in obtaining a K-1 visa?
A.
* A $340 filing fee at the time we file. Payable to the United States Department of Homeland Security.
* The required medical examination costs $213.35 each for adults and $185.35 for children 15 years old and younger payable right before her interview. Costs vary from country to country and case to case.
* A $350 U.S. Embassy visa issuance fee per EACH applicant (Including Children/ Each Child) payable right before her interview.
* Other costs may include: translations; photocopying charges; courier; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.
Q. What is IMBRA, and does it affect my case?
A. The International Marriage Broker Regulation Act (IMBRA) became law in 2006. If you have been convicted of certain violent crimes, then you require a waiver before proceeding with a K-1 visa petition.
In order to be compliant with this US law and to ensure there are no problems with ladies who meet US clients and wish to apply for fiancee or spouse visa. It's important that as a US citizen you comply with the IMBRA requirements. The US embassies are now asking for this information when the ladies are applying for a US visa. Failure to demonstrate the lady have been fully informed of any relevant criminal background may lead to refusal of a visa.
IMBRA limits the number of K1 fiancee visa petitions a sponsor can file or have approved without seeking a waiver of the limits.
If you met your fiancee or spouse through the services of an international marriage broker, you must notify USCIS of that fact by answering Question 19 on form I-129F Petition for Alien Fiancee. The term “international marriage broker” means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
IMBRA requires that a man discloses all his past criminal history, visa petition history, past marital and divorce history, ages of children under age 18 to the lady BEFORE he can get her contact information or otherwise communicate with her. The international marriage broker must collect this information, then check the National Sex Offender public registry and state public registry for each man, provide all this information to the lady, and secure a signed and written consent from the lady to release her contact information to that particular man.
Q. HOW LONG WILL IT TAKE FOR MY K-1 VISA TO BE APPROVED?
A. The average time currently is approximately 5-6 months to get her K-1 visa approved with but times vary, some faster and some slower.
Q. What are the requirements for a fiancee visa?
A. 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 the Filipino fiancee has a visa 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.
Q. Do I need documents translated into English for the K1 application?
A. On the checklist the K-1 fiancee receives it states that English or the native language where the consulate is located is acceptable. If the Consulate MUST have English translations, it will be stated on the checklist.
Q. What vaccinations are required and is it better to have had these done prior to the interview at the embassy?
A. The actual list of vaccinations given to the fiancee is rather long, and United States government agencies publish these lists, however, depending on your age and previous history, you may only need a few of them, perhaps none at all. When you go for your medical exam, the doctor there can help you determine what vaccinations (if any) you will require. The cost of the vaccinations is included in the fee for the medical exam.
Q. What if my Fiancee is pregnant and this is not disclosed on the approved petition?
A. Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage.
Q. If I decide not to get married to my Fiancee can I cancel the petition?
A. You should make a written request to the Embassy asking to withdraw the petition. You should notarize the statement so USCIS can be assured that you personally are asking the petition to be withdrawn.
Q. Can I bring my spouse to the United States on a K1 visa?
A. No, absolutely not. To qualify for the K-1 Fiancee Visa, the couple must intend to marry within 90 days of the foreign fiancee entering the United States. If you try to bring your spouse here on a K-1 visa you will find you and your spouse in a whole lot of trouble. If you would like to bring your spouse to the United States, the best visa for this purpose is the CR-1/IR-1 visa. We can handle that for you.
Q. How does your fiancee visa process work?
A. In a nutshell:
1. You download the information package.
2. Read it, answer the questions and send us the required documentation.
3. We perfectly prepared, assemble, and file fiancee visa petition for your bride or groom to be.
4. The US side approves it and sends to the US embassy in him/her home country.
5. The US embassy sends your fiancee a letter inviting him/her to make an appointment for an interview.
6. We give expert assistance to your fiancee with filling out the forms they will need for her interview. We will provide them with detailed instructions covering every detail of what must be done and every form they need along with examples to follow. We will provide your fiancee with up to the minute, vital information they will need for their K-1 visa fiancee interview. Your fiancee will also be able to ask us directly any questions that they have. We also handle all the paperwork for any children that your fiancee has that will be traveling with them. We do not charge extra to include their children on their visa. We will make sure they have everything they need for their U.S. Embassy interview and even provide them with sample questions they will be asked. We have helped hundreds of fiancées with filling out their forms and preparing for their interview and we can help yours.
7. He/She gets a medical exam and vaccinations.
8. He/She goes to her interview and they approve her visa.
9. His/Her visa is issued in a few days.
10. You buy him/her a 1 way ticket here.
11. You marry your bride or groom.
Q. What if the fiancee must delay arrival in the U.S.?
A. K1 Fiancée visas are valid for one entry into the United States in four months. The K-1 visa will expire after 4 months. Once here the K-1 visa is valid for 90 days.
Q. After my fiancé and I marry, what do I have to do to take her out of the country on our honeymoon? How long after we are married can we leave and return to the US?
A. After you get married, you have to apply for her Green Card (aka Permanent Residence, Adjustment of Status). At this time, you must apply for her Advance Parole (USCIS Forms I-131). It takes approx 90 days to receive the Advance Parole Re-Entry Permit after filing. Your fiancé must have the Advance Parole Re-Entry Permit before she leaves the US for foreign travel and must present it to re-enter the US. If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.
Q. As a U.S. citizen what additional information do I need to know about K-1 visa?
A. You must keep in mind that:
• As a U.S. citizen, you are completely responsible for your K-1 fiancee or fiancee financially
• If for any reason you do not marry your K-1 fiance or fiancee and he/she departs the U.S. within the 90 days, she will not be precluded from coming to the U.S. in the future on another K-1 visa and you will not be precluded from again bringing her or another fiancee to the U.S. on a K-1 visa
