K1 Fiance Visa Most Common Questions.
What is a K1 Fiancée Visa?
There are generally two categories of visas: immigration visas and non immigration visas. Visas are coded by a system of letters from A-V. With very few exceptions most women from the Philippines, former Soviet Union, Latin America, China, etc. are only eligible to apply for non immigration visas.
Examples of non immigration visas are tourist visas, student visas, and fiancée visas (K1 Visas). For most couples, fiancée visas (K 1 Visas) are best. If properly applied for and processed fiancée visas (K1 Visas) have the highest success rate; near 100% for eligible ladies. Fiancé K 1 visas are also known as Marriage Visas. Tourist visa applications generally have a very low success rate.
Tourist visas are possible if the lady can show that she has sufficient ties to return to her country, such as a child not traveling with her, substantial assets, prior experience traveling to first world countries, a good job, and money in a bank. Rejection rates exceed 95%.
Student visas have a higher success rate than tourist visas but have a must lower success rate than fiancée visas (K1 Visas). In addition, the student visa usually takes much longer because the lady must take an English test in her home country (TOEFL Test) and then apply for and gain admission to a U.S. university prior to applying for a student visa.
She must also be able to prove that she has sufficient financial resources to pay for one year of tuition, fees, room & board, and all other related expenses at the time of the interview at the U.S. Embassy.
Without proof of financial resources she will be denied even if all the above criteria are met. She has no better than a 50/50 chance of success in any case. In short, fiancé visas (K 1 Visas) provide the best combination of high success rate, short processing time, and simplicity.
How long will it take to get my Fiancée K-1, or Spouse K-3 Visa?
Visas vary depending on where you live which dictates which Service Center you go to. For both the K1 and K3, the wait time can be a few months to a year. We cannot guarantee a time. However, we make sure your packet is submitted correctly the first time to avoid setbacks which can cost you months.
Can my fiancée get a Tourist Visa?
That is a very remote possibility, but the process takes much longer, has a much lower likelihood of success and should you decide to marry only provide you with a temporary solution, and could lead to other problems that can be avoided by getting a fiancée or spouse Visa
Do you guarantee I will get a visa?
Yes, as long as you provide us with complete accurate information. We offer a money back guarantee or a free appeal. It is your choice
Do I have to marry my fiancée once they come to the United States?
No you are not required to marry your fiancée once they come to the United States. A fiancée Visa merely gives you permission to marry should you so desire. If you decide not to marry your fiancée the only requirement is that they must leave the United States before the Visa expires.
Are email letters not a viable means of providing proof of a relationship in regards to my K1 Fiancé visa petition?
Email letters are a viable means of communication for the couple yes, however USCIS originally required hard copy letters through postal services as a means to establish a relationship with one another when you can actually pick up a pen and paper and write that person a letter then take the initiative to carry it to the post office put a stamp on and mail it, then there is more evidence of love in that then an email, right?
What if the sponsor falls short of meeting the poverty level guidelines?
Sometimes this does happen, where a sponsor falls short financially. But none to worry if you do not meet the poverty level guidelines as required then the USCIS gives the intending sponsor an opportunity to ad joint sponsorship through the use of the I-864A.
Is it true that the USCIS Department of Homeland Security requires all Alien Applicants and Sponsors to provide police records and NBI clearance since the age of (16) from each Country and town lived in?
You know ever since the IMBRA ruling was implemented by congress, we have heard of men who have had very minor troubles from the date their drivers license was obtained at age 16, but since then have lived years of being model citizens.
The immigrations still views any types of crimes whether minor or major, to be a reason for investigation on the Alien Applicant or Sponsor. So yes depending on what they will find could in turn mean more in depth checking. So think really hard about your past before making a decision of filing without submitting any records.
How does FilAm treat IMBRA?
We highly recommend that if you the intending sponsor has any type of a criminal record regardless if it had been changed down to lesser charge such as a minor misdemeanor, that you follow through by providing a record from every state and city you lived in since the age of (16).
Buy doing this it will save you several more months of waiting and also you and your fiancée will be less likely to be denied, because the USCIS will recognize the fact that you did not try to hide anything from them.
If you are a U.S. citizen engaged and you are considering marriage, the K1 visa is likely your best choice for bringing your fiancée to the U.S. to live permanently with you?
(In fact, it was created exactly for persons in your situation). The K1 Visa allows you to invite your fiancée to America for a period of 90 days, during which time your fiancée must either marry you or return to her home country.
No extensions of the time period are permitted. You and your fiancée are not required to marry if things don’t work out according to your expectations.
If you do not marry your fiancée, you will not be precluded from making a future fiancée Visa application (although you will have to file an IMBRA waiver if you want to file within two years of the first petition’s approval). Your fiancée will not be precluded from receiving another visa in the future.
Permanent residents of the United States are not eligible to file for a K1 visa. Only upon becoming a U.S. Citizen can you then proceed to petition.
Are there any 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.
Or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.
" INA § 214.2(k)(2).Unfortunately, such waivers are very rarely 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. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction.
How does my Fiancée or Spouse go a bouts obtaining Police records from other Countries?
OTHER COUNTRY POLICE CERTIFICATES. Applicants aged 16 years and older must also present police certificates from other countries where they have lived for six (6) months or more after reaching the age of 16.
As with NBI clearances, foreign police certificates should be obtained in any maiden names, aliases or nicknames used while in the country in question, including different spellings you have used of those names.
Country-specific information on how to secure police certificates is available on the State Department’s web site at: Other Country Police Certificates
What are the most common possible problems that could lead to denial?
The K-1 visa is a highly reliable visa if done correctly. Nonetheless, about half of fiancée's fail to receive their visa on the day of interview (FilAm has a 97% success rate for first day issuance, and 100% eventual success).
Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for “administrative review” and possible revocation.
Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are:
Insufficient income/savings of the U.S. citizen sponsor
Very large age difference between the couple
Fiancée cannot obtain written consent from the ex-husband for their child to leave the country
Poor English skills of fiancée
Couple hasn’t spent enough time together in person
Couple lacks sufficient evidence of recent day-to-day contact
Fiancée interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen
Fiancée has relatives or friends in the U.S. who seem to be taking too large a role in match-making
Fiancée was previously in the U.S. and overstayed the visa
The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen cannot prove that the foreign citizen maintained lawful status
Fiancée has a criminal record
Fiancée has a serious, contagious illness (such as AIDS, tuberculosis, etc.)
Fiancée commits a misrepresentation during the interview (or so it seems to the interviewing officer)
Petition includes a document that is deemed to be fraudulent
As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview.
If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months.
Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy’s Anti-Fraud Unit, which will assign an investigator to go to the fiancée's home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceed six months.
Problems11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of moral turpitude” as defined by the U.S. Immigration and Nationality Act).
If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an “extreme hardship” waiver takes four to six months to process.
Visa status in the U.S.A?
A Fiancée Visa is a temporary visa, but one that can be readily converted to a permanent visa after the marriage occurs in the U.S. Once married, the U.S. citizen can obtain conditional permanent residence status for his/her new spouse by filing an I-485 petition with the U.S. government.
Several months later (the length of the wait varies considerably on where you live in the country) the couple is called into the local USCIS office for an interview, and a two year "conditional" permanent residence card is issued shortly thereafter.
One year and nine months after the conditional permanent residence card was issued by the USCIS, the couple may apply to remove the condition and receive a 10 year permanent residence card. Three years after the foreign born spouse received her first green card, she is eligible for citizenship.
Can I marry my fiancée overseas and still bring her on a K1 visa?
No K1 visas are available only to persons who are planning to be married. If the marriage occurs, you will have to file an I-130 Relative Visa petition for your spouse.
The one exception to this rule is that if the marriage was religious or social ceremony only, and the marriage wasn’t registered with the local government, a K1 visa may be issued.
My fiancée is in the U.S. on the K1 visa I obtained for her, but I’m not sure I’m ready to get married. Can I extend my fiancée's K1 visa?
No the K1 non immigrant status can neither be extended nor changed. If you don’t get married within 90 days of the K-1 status validity period, your fiancée will have to leave the US. This is a very strict law in US immigration and there are no exceptions.
My fiancée was in the U.S. on the K visa, but our relationships didn’t work out at the time and she went back to her home country. We have been in touch since then and now want to start the K1 process again. Can I still petition for her?
Yes, but if you want to apply again within two years of the first petition’s approval, you will have to file for a waiver of the provisions of the International Marriage Broker Act of 2005 IMBRA Your fiancée must also be prepared to explain to a consular officer why your relationship didn’t work out the first time and why you both are certain that it will lead to marriage the second time.
It must not appear to the Embassy that you are using the K1 visa as a way simply to bring your girlfriend on trips to the U.S. So the case to show “intention to marry” has to be particularly strong.
My income level is too low to qualify as a sponsor under the government’s rules. Is there any way to avoid this requirement?
No you can’t avoid the sponsorship requirements. However, it’s possible to find a co-sponsor to help with you with this problem. The co-sponsor must be able to meet all the government’s financial and document requirements just as though he or she were the sole sponsor. You must submit all your forms and documents as well, even if they show a low level of income.
When I marry my fiancée while she’s in the U.S. on the K1 visa, will she have to return home after the marriage?
No your wife will not have to leave the U.S. You will, however, have to apply for adjustment of status to permanent residency for your new wife so that she can lawfully remain in the US.
Perhaps congress passed new rules effective March 6, 2006 that state that a petitioner must wait two years from the filing of a prior K1 visa until a K1 visa may be issued to a second Fiancée. If you can’t wait, a waiver based “extreme hardship” may be possible, although not if a petitioner has a record of violent criminal offenses.
In most cases, no. If your fiancée did not misrepresent any material fact during the B1/B2 visa interview, she will still be eligible for a K1 Visa.
Yes she is allowed to enter, but she may face difficulties entering because she has to convince the immigration officials in the airport that she has no intentions to stay in the U.S. permanently. She has to show “dual intent” – to stay for a short period on the current B1/B2 visa even though she intends to eventually stay permanently in the US on the K-1 visa.
It’s a tricky situation –especially since many immigration officers falsely assume that the pending K1 visa prevents B1/B2 entry – but we have helped many people get through this situation successfully.
My Fiancée was denied entry to the United States some time ago. An immigration officer at the port-of-entry said that the history of her previous visits showed that she had been spending the most of time in America rather than in her home country. Will that affect our pending K1 visa petition?
No it should not. If an officer’s decision was based solely on the fact that your fiancée had used her visa to spend the most of her time in the U.S., then it won’t substantially impact your K1 petition.
My Fiancée has been to the U.S. as an exchange J1 student before and is a subject of 2 years home residency requirement. Is there any chance to bring her to the U.S. on a K1 fiancée visa without waiting until the above requirement is fulfilled?
Yes. However, the chances are very slim indeed as this type of waiver is very difficult to obtain.
My Fiancée has overstayed her visa before. Is she eligible to come to the U.S. on the K1 fiancée visa?
It depends. If she overstayed her prior visa by over a year, she is barred from re-entering the U.S. for ten years (although an “extreme hardship” waiver is possible).
If she overstayed her prior visa by six months to a year, she is barred from re-entering the U.S. for three years (again, an “extreme hardship ”waiver is possible). Shorter overstays will cause less severe problems, and can often be overcome.
I have recently met a lady online, but am unable to travel to her country. Is there anything I can do to avoid this requirement?
Probably not. There is a provision in the law that may exempt you from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.
"Unfortunately, such waivers are very rarely 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. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction.
FAQ's Concerning IMBRA
I was the subject of a restraining order when my previous wife and I were getting divorced. Do I have to declare this on the I-129F?
Probably not. Most restraining orders do not entail a criminal conviction. Every case has to be evaluated under it’s own facts and within the laws of the subject jurisdiction, however, to make sure there was no conviction in the case.
No, waivers are required only in the context of the multiple K1 visa filing restrictions (discussed above). However, if you have filed two or more K1 visa petitions at any time in the past, or previously had a K1 visa petition approved within two years prior to the filing of the current petition, and you have a “history of violent criminal offenses against a person or persons,” you will face a heavier burden in convincing the USCIS that you should receive a waiver than a person without such a conviction.
I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?
Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.
Required disclosures to the fiancée International Marriage Broker Defined.
The definition of International Marriage Brokers in IMBRA covers virtually all for-profit matchmaking entities, whether U.S. based on not, whose main business is the facilitation of dating or like services between U.S. citizens and foreigners.
The definition excludes matchmaking sites whose principal business in not providing dating services between U.S. residents and foreign clients and which charges like fees for its services regardless of the gender or national origin of the client.
International Marriage Broker Obligations
Before an IMB can release the personal contact information of a foreign client to a U.S. client, the IMB must:
Search the National Sex Offender Registry to determine the record of the U.S. citizen, and disclose any information found concerning the U.S. citizen to the foreign client
Obtain a signed statement from the U.S. citizen revealing any current or past protection or restraining order, most criminal arrests and convictions, virtually all arrest or convictions for domestic or sexual offenses, multiple convictions for substance and/or alcohol abuse, the U.S. client's marital history (including the reason for termination of any prior marriages), the ages of any of the U.S. citizen's children under the age of 18, and a list of all States and counties that the U.S. citizen has lived in since the client was 18 years of age.
Distribute to the foreign national a pamphlet currently being developed by the U.S. government to educate foreign fiancée's about U.S. domestic abuse laws and resources for immigrant victims in the U.S.; and Obtain the foreign national's written consent to disclosing her personal contact information.
IMBRA and Initial Contact With the Fiancée
The background information must be provided before the foreign client's personal contact information may be released to the U.S. client. Additional information must be provided by the IMB to ensure that the foreign national is aware of his/her (for simplicity's sake, we will adopt the female gender henceforth fort he beneficiary, and the male for the petitioner) immigrant rights in the U.S. and her ability to defend herself against domestic abuse.
At the consular level, all K1 visa beneficiaries will be asked during the visa interview whether they became acquainted with their U.S. citizen fiancée through an IMB, and if so, whether the IMB complied with the various disclosure obligations of IMBRA.
K Visa Interview Changes
The U.S. consul must ask the fiancée during the Embassy/Consulate interview whether an IMB facilitated the couple's relationship, and if so, the consul must determine the name of the IMB and confirm that the IMB acted in accordance with the new requirements regarding information gathering and disclosure, as well as pamphlet dissemination.
The new rules will have a substantial impact on K1 petitioners who met through international marriage brokers. It should not affect petitioners who met through services like Yahoo! Personals which provide contact services with foreign nationals as an incidental part of their services.
The Fiancée will be asked in every instance whether she met her Fiancée through a matchmaking site. If she replies untruthfully and is found out (a very real possibility), she will be denied the visa and barred from ever receiving a U.S. visa of any kind.
If she admits to the means of acquaintance, but cannot convince the consular officer that the marriage agency provided her with the required disclosures, the visa may be refused.
Questions for K1 Applicants
How long after the approval of the I-129F petition does the fiance(e) wait to get the paperwork?
A..This can take awhile…The USCIS (INS) Service Centers send the approved petition information to the NVC (National Visa Center) for processing and from there it is sent to the Consulates. It typically takes about a month from the NOA2 date (I-129f approval) until the package arrives at the embassy.
Can the foreign consulate be notified any faster???
A…In the past you could request (with a fee) that the Service Center "cable" the approval to the embassy to speed things along. This is no longer an option despite what you may hear.
What type of paperwork does the fiance(e) receive from the Consulate?
A…Exactly what gets sent will vary depending on the Consulate, but the first packet to arrive will most likely contain the following:
In December, 2001, the State Department announced a change in the name of Packets 3 and 4, which were the instructions, forms and appointment information.
They are now referred to as "Instruction Package" and "Appointment Package". Some of the forms are renamed slightly as well, so if the exact form numbers are different, just follow the instructions.
Sometimes, the Consulate may forget to send extra copies of these application forms for the children for whom a K2 visa is intended. If so, contact the Consulate to obtain the forms.
What does the fiance(e) do with all these papers?
A.The process is not exactly the same for all countries, but works generally like this:
Fill out and sign the DS-230 (OF-230) Part 1 biographical data sheet and send it back to the Consulate, one for the fiance(e) and one for each K2 child. This allows the Consulate to begin actual processing of your case.
Look over the DS-2001 (or UK/85 or OF-169) checklist, which contains a list of items for you to gather for the interview. It will list items such as (but not limited to):
< >PassportBirth CertificateDivorce decreePolice CertificatePhotographsEvidence of Support (use the I-134 from the US Citizen)Military RecordsAny requirements for translations of foreign language documents.
When you have gathered all the required items from the OF-169 (or UK/85) checklist, you will sign it and send the checklist to the Consulate. Do NOT send any of the listed items…..keep them for the interview. Hang on to the DS-156 and 156K application forms. Fill them out but do NOT sign them until the interview itself, as the signatures must be witnessed by the Consular official.
You will receive an information sheet about financial support (OF-167). The US Citizen NEEDS TO KNOW if the Consulate requires any special documentation with the I-134 (i.e. 3 years of income tax returns instead of just one). The I-134 Affidavit is filled out by the US Citizen when used for K1 visa applications. The US Citizen should send the completed I-134 Affidavit to the fiance(e). Although the fiance(e) will get an I-134 Affidavit with the OF-167, the US Citizen should already have it completed by this stage. If there are K2 children involved, a separate I-134 affidavit is not required for them, as the K2 children are listed on the I-134 along with the foreign fiance(e). Some Consulates (Vancouver and ?) require the submission of a simple form called the "Sponsors Financial Responsibility under the Social Security Act", signed by the US Citizen. This form is apparently not available for download anywhere.
After the Consulate receives the signed DS-2001 (UK/85 or OF-169) checklist, and the background checks have been completed, they will send out another packet to the fiance(e). This will set the date for the interview, and give information regarding the physical exam, including a list of "approved physicians". Also included will be the OF-157, the medical exam instructions (if not already received with the first packet). This info will be sent out anywhere from 2 to 4 weeks prior to the interview. Waiting for the interview date is usually the most "stressful" time for the fiance(e).
The "timing" of the medical exam varies, depending on the Consulate. Refer questions regarding the medical to the newsgroup.
Can the fiance(e) start gathering documents and information right away to "speed things along?"
A..You don't have to wait for the packet to arrive to begin gathering the birth certificate, divorce or death decrees, photographs, military records, and medical information from your doctor about which immunizations you have had. You might not be able to request the police clearance without the actual checklist from the Consulate as "proof" that you need it. You can download the various forms and use them for "practice". Refer questions to the forums, as there is a LOT of specific information that can save you weeks of time, depending on what country you are filing from. The fiance(e) also needs a passport, valid for at least 6 months from the time the visa is issued.
Do I need documents translated into English for the K1 application?
A..On the checklist the K-1 fiance/e 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.
A..While the translation of documents may not be required for the K-1 visa, the translation of foreign language documents WILL be required for adjustment of status. If your language is different from English, I would tactfully suggest that the foreign fiance get translations *prior* to entering the US on the k-1 visa.
Are the photographs supposed to be made the same way as the ones we sent in for the I-129F?
A…In the past, this seemed to vary per Consulate, with some using the ADIT type and some requiring "passport" type (full frontal color). Efforts to standardize this have been made since October 1999. All consulates are now requiring passport style photo's. Your checklist will describe the required photo. As a note, in August 2004 the USCIS also began requiring "passport" style photo's.
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 fiance(e) is rather long, and US 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.
A….When you go for your medical exam, the doctor there can help you determine what vaccinations (if any) you will require. You can opt to have them there, (at additional cost) or you can get them at a later date from your own doctor or clinic. You will have to have them by the time your adjustment of status is complete so you can even get them in the US if that is more convenient for you.
What should I bring with me to the interview?
A…You need everything from the checklist, of course, but you also need originals of everything that was originally submitted as a copy, even with the I-129F petition (except the US Citizens passport and the original I-797 approval notice). Original birth certificates, divorce or death decrees, and originals of any documents to support the I-134 fall into this category. The Consulate has the right to ask for the original of any document, so best be prepared.
When is the K1 visa actually given to my fiance(e)?
A..This will vary wildly according to the individual consulate. Some will issue the visa immediately, but many will not. In 2002, additional security checks were causing great heartache and inconvenience to applicants in Russia and China, whereas Stockholm and London would issue the visa the same day. In the Philippines, procedures in 2002 changed, with visas sent by mail.
The visa is given along with a sealed envelope of documents which must be given to the USCIS (INS) officer when entering the US. The visa must be used within 6 months of being issued. The fiance(e) is allowed to enter the US once with the visa, with the purpose of getting married, which must happen within 90 days. The fiance(e) is not allowed to travel freely into and out of the US with the visa, it is good for one entry only. If there is a K2 visa involved, the K2 may enter up to a year after the K1. The K2 cannot enter the US before the K1.
Must the K2 child attend the interview at the Consulate?
A…Generally, yes. The Consulate sets the requirements. Some do not require the child to attend if they are under 14, and some will require the child to attend even if they are not going to move to the United States with the parent, but will "follow to join" later.
My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K2 visa?
A..I included my Ukrainian fiance's 18 year son on the I-129f form. My fiancee went for her interview alone on Jan 27th, 1998. She immediately came to the US and we were married on Feb 21st. I called the US Embassy in Warsaw in July and explained that my Stepson was ready for his interview. He had 1 year to come the US on the k-2 visa.
They set an appointment for him in 30 days. They mailed him the same forms as they did for my wife. He had to get the same documentation as my wife had to for her interview. As soon as he arrived in the US we applied for his change of status and work card.
(FAQ note: the son moved to the US in Sept 98, and even had the visa interview delayed a month due to problems obtaining an international passport. He was not even required to have a new I-134 affidavit, Although his step dad sent one to him.)
Are K2 children required to have their own passports?
A…In general, a separate passport is not required if the child is under 16. If the Consulate requires the child to have a passport, it will be listed on the OF-169 (or UK85). Many countries will permit young children to be listed on a parents passport, but at least consider getting a passport for your young child. You can avoid any problems dealing with INS upon entry, the young person can travel independently (if required), and the passport provides an identification document if you are ever separated for some reason. Besides, it will make a cool addition to the scrapbook collection when the child is an adult.
Just what is inside that sealed envelope anyway?
A.. Someone had asked me about the contents of the envelope from the consulate. It contained all the original I-129F documents, the K-1 forms which I completed for the consulate, our photos, birth and divorce certificates, my medical report, and the affidavit of support.
A.. Just thought in case anyone is interested the mysterious brown envelope is all the documents that the US Citizen submitted for the K-1 and all of the K-1's physical and approval from the embassy. Ours was not sealed so we had to take a peek at it.
Can my fiance(e) come to the US to visit me once the visa process is started?
A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."
A.. If the fiance(e)…"Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing…
Current enrollment in school
Employment in the home country
Strong family ties to the home country
This question does not have a good answer. Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process. Refer questions regarding experiences to the newsgroup.
Is an extract from the records (short form) a valid birth certificate, I know it is for UK stuff, but how about the K1 process ?
A..It has to be a full Certificate (long form), i.e. showing parents names etc…not the short form one. A Certified Copy (ie on official paper, would be considered an original).
A.. it is very easy to get copies of the BC in the UK.. just call the records officer controlling the district where you was born. I searched for the number on the net, called and got the address and cost (£6 pound each). Send a letter with a cheque and 4 days later got 4 original copies.
I am adopted and don't have a birth certificate – what do I do?
A..USCIS (INS) will accept a full adoption certificate. Showing adopting parents names and the same information shown on a birth certificate. The address of where to get these can be obtained from the local Registrar of Births Marriages and Deaths (in England)
How often are the K1 visa applications denied?
A..In reading posts from the newsgroup, not often. The K1/K2 visa application process is handled by the US State Department through the US Consulates. USCIS (INS) is not involved at this stage. It is assumed the fiance(e) meets the requirements for medical test, police records, etc. The newsgroup has experienced denials based on failure to disclose a prior minor criminal offense, and failure to disclose a visa overstay during a previous visit to the US. It wasn't the necessarily the minor crime or the overstay that caused the denial, but in both cases, the applicants did not admit to them.
If you have some sort of past problem, you will have a better chance at getting the K1 visa if you are honest and forthright. In early 1999, a UK man received a K1 despite past minor criminal problems, and he attributed his success to his total honesty. Depending on the particular reason for denial, a waiver may be available.
I'm getting conflicting reports on what is required for a plane ticket to the U.S. I was told that you need to have a round trip ticket. Is that true?
A… The plane ticket is irrelevant! Go for whatever fits your budget. (Note: this means it is not required to have a round trip ticket when entering on a K1 visa) The K1 Visa holder is coming to stay and adjust their status of becoming a permanent resident. They also are not Tourist visas, or Student visas, nor Work Visas all of which require roundtrip tickets. All of this provided the K1 uses the 90 days to become married in. If they do not marry then the sponsor is required by law to pay for the return trip back to their country.
My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?
A…No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.
(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.
Does the government, for visa purposes, distinguish between religious and civil marriages?
A…The government distinguishes between legal and non legal marriages. If the marriage is legal in the country in which it is performed, the US will consider it a legal marriage. It doesn't matter if it is a civil or religious marriage.
Do K2 Children also have to file and pay for the nonimmigrant visa application?
A…. All K2 Children regardless of age are required to have nonimmigrant visa applications and the fees of $240.00 each.
K1 Fiancée's arrival to the U.S. Port of entry?
Obtaining the K1 Fiancée approval and then the K1 visa are just two steps of the K1 process. All K1 Fiancée's arriving at a port-of-entry to the United States are inspected by officials of the U.S. Government.
This is the last step the foreign Fiancée must go through before s/he can be reunited with his/her loved one. There are four separate inspections: Public Health, Immigration, Customs and Agriculture. You may only talk to one official who does all four inspections, or you may talk to more than one official.
When arriving at an airport, the airline will give the K1 Fiancée a form to complete while still en route to the United States, Form I-94 (white), Arrival/Departure Record. The form asks for basic identification information and the address where you will stay in the United States.
Upon arrival, the airline personnel will show you to the inspection area. You will queue up in an inspection line and then speak with an Immigration Inspector. The K1 Fiancée should use the lanes marked for non-citizens.
The Immigration Inspector must determine why you are coming to the United States, what documents you may require, if you have those documents, and how long you should be allowed to initially stay in the United States.
These determinations usually take less than one minute to make. If the K1 Fiancée is allowed to proceed, the Inspector will stamp your passport and issue a completed Form I-94 to you. A completed form will show what immigration classification you were given and how long you are allowed to stay. You will then be permitted to proceed to Customs.
Under certain circumstances, the Immigration Officer may decide that you should not be permitted into the United States. There are many reasons why this might happen (e.g., health, criminal history, financial support, past immigration problems). In this situation, you will either be placed into detention, or temporarily held until return flight arrangements can be made. If you have a visa, it may be cancelled.
In certain instances, the inspector may not be able to decide if you should be allowed into the United States. In this case, your inspection may be deferred (postponed), and you will be instructed to go to another INS office located near your intended destination in the United States for further processing.
If you believe that you would have difficulty through the inspection process, it is strongly recommended that you hire an immigration specialist who can guide and advise you through the process. With our 100% success rate for K1 Fiancée visas, the services of FilAm immigration is here to help.
Is there the chance that I can get denied?
Yes there is, below is information you should know! this pertains to all K1/K3 visa applicants, during Clinical examinations.
How long can my Alien Fiancee stay in her Country once he or she has received a K1 Visa?
When a foreigner receives the k-1 fiancee visa, he or she has 6-months to use it to enter the United States. Upon entry, it converts to a 90-day stay. The couple must either marry within 90 days of arrival in the U.S. or return home.
If the foreigner marries someone other than you "the petitioner" and tries to stay, then he or she will eventually be deported. The 90-day time for marriage cannot be extended. If you do not marry within 90 days, the foreigner must leave the U.S.A. or eventually be deported (with very few exceptions). The rules are strict.
for Medical Examinees & "Criminal" Inadmissibility
The Visa Examiners have quoted section 212(a)(2)(A)(i)(II) to render many Filipinos ineligible for visas on grounds of "criminal" inadmissibility. Many Filipino clients applying for either family-based immigrant visas or non immigrant K1 Fiancée or K3 spousal visas can be denied visas at a scheduled interview at any US Consulate for admitting certain facts to medical examiners.
INA §212(a)(2)(A) states the following:
(2) Criminal and related grounds. -
(A) Conviction of certain crimes. -
(i) In general. – Except as provided in clause (ii), any alien convicted of, or who admits committing acts which constitute the essential elements of -
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances act (21 U.S.C. 802)), is inadmissible.
Notice the Act does not require a conviction. Simply an admission of controlled substance usage will render a prospective immigrant inadmissible. The FAM or Foreign Affairs Manual is the manual visa examiners refer to as a guide to understanding the application of the Immigration and Nationality Act (INA).
Volume 9, Section 40.21(b) of the FAM states the following regarding a waiver of inadmissibility:
9 FAM 40.21(b) N5 INA 212(h) Waiver
N5.1 Principal Alien – An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(II) insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana is eligible to apply for a waiver of ineligibility under INA 212(h) if it is established to the satisfaction of the Attorney General that:
(1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for visa;
(2) The alien's admission to the United States would not be contrary to the national welfare, safety, or security, and
(3) The alien has been rehabilitated.
N5.2 Certain Relatives of U.S. Citizens or LPRs – An alien immigrant who is the spouse, parent, son or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence in the United States may apply for a waiver under INA 212(h) if:
(1) The principal alien was found ineligible under INA 212(a)(2)(A)(i)(II) insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana;
(2) It is established to the Attorney General's satisfaction that the exclusion of such alien would result in extreme hardship to the U.S. citizen or lawfully resident spouse, parent, son, or daughter, and
(3) The Attorney General has consented to the alien's applying or reapplying for a visa to the United States.
Recent trends in cases filed and processed through the U.S. Embassy in Manila have indicated that many Filipino people are being denied visas on admissions of marijuana usage during rebellious high school or college years.
Please be aware that candidates for immigrant visas can be denied visas and adjudicated as criminally inadmissible without a conviction as evidenced by INA §212(a)(2)(A).
When asked by a medical examiner whether you have ever tried "pot" or marijuana even once, ALWAYS be truthful and honest with your answer. If you have tried marijuana, consider when you last used it.
If it is more than 15 years before the date of your application for a visa, you may qualify for a 212(h) waiver of inadmissibility. If, however, you have tried it within the last 15 years, you will not qualify for a waiver unless you are either a spouse, parent, son, or daughter of a U.S. citizen or permanent resident.
The usage cannot be more than one single offense and you must establish that the qualifying U.S. citizen or permanent resident will suffer extreme hardship if the Attorney General does not consent to your reapplication for a visa to the US.
If your Alien Fiancee or Spouse has had past issues with any of the above then it would be advisable for you to give us a call to help you know and understand how to successfully get through this part without facing rejections or denials.
How to Change a US Visa Delivery Address in the Philippines?
After the K1 Visa Interview, the applicant will be given a pink form for Visa Delivery. Look for the Delbros booth in the corner within the interview hall and fill up the forms for your visa delivery and pay for the corresponding amount in depending on your location and province. It usually takes more days if you are in the province but in case you are in a hurry to get the visa and wanted to change your visa delivery address, it is POSSIBLE to change.
Go to the US embassy in Manila. Tell the security guard or staff about your case and he will let you in the area.
Look for the Delbros booth to ask if it is possible to change the address of my visa delivery and stating the reason/s and the staff gave me a small paper with the procedure on HOW to change visa delivery address.
Photocopy of your ID Photocopy of your receipt from Delbros after your interview for visa delivery Letter of request Another form from Delbros ( similar to the form that we filled up but this time write the NEW address)
hen proceed to Delbros Pavilion Gate 4 in the US Embassy when you are done with the requirements. Submit it to Delbros booth and they will accept it EXCEPT that the amount you paid on your first address will not be refunded. NO MORE ADDITIONAL PAYMENTS REQUIRED!