K1 Visa Requirements

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K1 Visa Requirements: K1 Fiance Visa 2024 requirements, latest updates, April 01, 2024 filling fee increase, Fiance, Fiancee couples, same sex couples, the requirements may not all be the same as often times couples have different situations which means they must provide more or less required items.

K1 Fiancé Visa Evaluation?

US Sponsors and Alien fiances can receive a free online K1 Visa evaluation to make sure they meet the requirements, and get a very informative friendly online consultation for free by contacting us.

While Couples often times spend a lot of time communicating with each other to develop their relationship online, they often over look the steps of their relationship to become a real face to face physical relationship.

Many couples in an LDR – Long Distance Relationship overlook very important steps which often times can lead to a lot of disappointment after they learn that they failed to meet certain requirements allowing them to file an I-129F Application for Alien Fiance.

USCIS has K1 Visa requirements for every couple which often times are not exactly the same for each couple. In the article we will go over the K1 Visa Requirements in detail as it pertains to each couples situation.

There are three important categories that K1 Visa couples must remember throughout the course of their K1 Visa journey.

  • One at the top of the list is to prove that you both have a genuine and sincere relationship.

  • Next is to prove that you both have physically met in person.

  • Another important item is for both of you to provide supporting documents for purpose of vetting which this part can be a bit different from couple to couple.

 

Our online evaluation is to make sure the couple meet the K1 Visa Requirements



1. Genuine Relationship:

USCIS must determine that the couple is for real and that there is no fraudulent activity involved.

It is important to prove that your relationship is real and that you have supporting documents to prove it.

Equally important is showing that the relationship was also built on a physical meeting in person and the couple can provide photos, receipts and passport records to verify their claim.

 

2. Intent to Marry:

Part of the I-129F Application processing is for the couple to provide proof that they both are single, and free to marry at the time of the filing which leads to both the sponsor and alien fiance letting USCIS know that they both intend to marry within the first 90-days upon arrival into the United States.

 

3. Eligibility:

USCIS will be scrutinizing the I-129F Application for Alien Fiance, looking for fraudulent information, falsifying of documents or criminal activity.

Your job as a sponsor and beneficiary is to provide 100% accurate information on certified documents in order to avoid rejections, or request for evidence letters which sets your application back until USCIS is satisfied that you have met their request.

Every couple is different which means more required items for some and less for others, such as proof that all previous marriages have legally ended, criminal convictions for some must be reported in great detail, some may be lacking in background history or financial capabilities, and often times a simple rejection can be issued for failure to sign an application.

The list goes on and on and knowing before you file can definitely save you time and prevent stress and worry.

Learn more to avoid rejection, RFE, or 221(g)

 

4. Background Checks:

Background checks are conducted on both the petitioner and beneficiary to ensure they do not have any criminal records or security concerns.

It is up to the sponsor to provide any certified police and court records not only together with the I-129F Application but during the US Embassy Interview, if he or she has ever been convicted of certain crimes, arrested, charged, with felonies, DUI, DWI,

Found out if you need police and court records

 

5. Financial Considerations:

USCIS does not determine nor require a sponsor to provide proof of financial support for meeting the K1 Visa requirements.

At this juncture it will be determined by the interviewer at the US Embassy whether or not a sponsor is capable of meeting the poverty guidelines.

This part can make or break a couple, and is something that the sponsor is responsible for. US government has an annual poverty guideline chart that gets updated March of each new year.

Financial capability is demonstrated by the sponsor providing supporting document at the time of the K1 Visa interview and as we mentioned earlier, every couple is different when it comes to financial requirements.

You may or may not need these items:

  • IRS Schedule 1040 Tax records

  • W-2 statement 1090 or 1099

  • Checking Account Statements

  • Employee pay-stubs

  • Assets, such as Savings account, 401K, Land, Home, Stocks

  • Proof of retirement, Social security benefits, exempt from paying taxes

PHILIPPINES

2024 K1 Fiancé Visa Requirements

In many cases it would be much easier for the US Citizen to go to the Philippines to personally meet the alien fiance in an effort to fulfill the USCIS requirement meeting in person.

Often times a Filipino citizen cannot get a B1/B2 Tourist visa, as the requirements are extremely tough and at the same time the US Embassy does not like if the alien fiance used a tourist visa for purpose of visiting a boyfriend or girlfriend.

PHILIPPINES
1. Meeting the eligibility criteria:

Both the sponsor and alien fiance must provide documentation that they are both free to marry at the time of filing and that they both intend to marry within the first 90-days upon US arrival.

This means if the US Citizen sponsor has ever been married in the past once, twice or three times he or she must provide certified divorce decrees, death certificates in applicable.

If the Filipno Citizen has ever been married before, they also must provide either a certified PSA death certificate, PSA Annulment certificate, DFA Apostille  Annulment, and in some cases also a certified Divorce decree from another country.

During the US Embassy interview the Filipino alien fiance will also need to provide a CENOMAR – certificate of no marriage from PSA in all their legal names ever used.

PHILIPPINES
2. Petitioning for the visa:

USCIS offers all of their forms online free and you can go here to get the I-129F Application for Alien Fiance.

The sponsor, also referred to as the petitioner is the US Citizen, and must be the one who will file I-129F Application for Alien Fiance at USCIS in part with meeting the K1 Visa Requirements.

In order to qualify the sponsor and alien fiance must have met in person within the past two years of their last meeting.

If two years has gone by at the time of your filing, then USCIS will reject your application and tell you to go meet in person your alien fiance again.

PHILIPPINES
3. Meeting in person:

The petitioner and alien fiance must have physically met in person within the two years prior to filing the I-129F petition, in order to fulfill the USCIS K1 Visa requirements.

USCIS will expect the couple to prove that the meeting in person was real through photos, receipts, records, visa stamps, engagement, gifts etc.

If the sponsor fails to provide enough supporting documents together with the I-129F Application then USCIS may reject your petition.

PHILIPPINES
4. Intent to marry within 90 days:

One of the K1 Visa Requirements, will be to provide fiance and fiancee intent to marry within 90-days upon US arrival.

You must demonstrate that you are free to marry and that all previous marriages have been legally terminated through divorce, annulment, or death.

All Filipino alien fiances will be required to provide a CENOMAR from PSA to be used at the US Embassy Interview. More may be required depending on your situation.

PHILIPPINES
5. Proof of bona fide relationship:

Both USCIS and the US Embassy Interview are going to want supporting documents to prove that your relationship to each other is genuine and sincere.

More so at the interview than with the I-129F Application. A long term relationship of at least a year or more should have supporting documents to prove that your relationship is not fraudulent.

Every Couple must do this:

  • Provide good quality photos together
  • Show receipts and records of being together
  • Show proof of an ongoing relationship through emails, chat logs, text messages, phone calls records, video chat screen shots, postal letters, financial support records, sent gift records, etc.

     

PHILIPPINES
6. Financial Capability:

The sponsor must meet the income requirements to prove that they can financially support the alien fiance once they are on US Soil.

The purpose of this is to prevent them from becoming a public charge in the United States. Every year USCIS poverty guidelines goes up on March of each year, the sponsor should make sure they meet the poverty guidelines by going here.

PHILIPPINES
7. Medical examination:

The K1 alien fiance and K2 Children if any must undergo a medical examination by a physician approved by the U.S. Embassy or consulate in the Philippines.

For the Philippines, St. Luke’s Medical Center Extension Clinic is the only location located in Manila. Learn More

As of 2024 the K1/K2 Alien applicants will be required to pay upon arrival of their medical exam the following fees.

  • Age 15 years and older pay Php 18,540.
  • Less than age 15 years old pay Php 11,400.

Everyone asks, what can cause you to fail at the medical exam?

One thing can fail you and it is if you test positive for TB. Often time if caught early enough it is treatable, and can allow you to move on to the interview.

Another thing that surely can fail you is if you admitted to using certain illegal drugs withing the past 15 years.

Or if you at the time of the medical exam test positive for drug use.

One other thing that can lead to a failed medical exam would be if you are placed in a week long series of physiological evaluations and they find you mentally unfit.

PHILIPPINES
8. Criminal background checks:

The National Visa Center is also where the US Department of Homeland Security operates and they will need to undergo background checks, on both sponsor and alien fiance which includes fingerprinting before allowing clearance from the National Visa Center and other relevant government agencies.

It is important to know where you both stand before filing an I-129F Application to avoid future hassles and even rejections or denials.

USDHS is from time to time making new changes to the rules and it is important that you consult with us if you feel that you have some criminal convictions in the past that could hurt your chances of approval.

Many also have filed more than one time and if this was you then you may be labeled as a multiple filer and would be required to file a waiver to stay in compliance with the K1 visa requirements.

Go here if you have had criminal convictions or filed more than one time in the past.

K1 Fiance Visa Requirements Updated 2024

K1 Visa Requirements for Meeting in Person

USCIS checks I-129F Applications for proper supporting documentation that the couple has physically met in person within two years of the petitions filing.

Here is a list of meeting in person documentation that couples should work on to prove they indeed met in person as part of the K1 Visa requirements.

 

1. Legitimate Relationship:

Both the US Citizen sponsor and the Alien Fiance must provide a letter of written proof that they are free to marry and intend to do so within the first 90-days upon US arrival.

Legitimate in this case means the relationship is allowed to take place because both parties are proven to be single, divorced, annulled, or has a death certificate showing that they are no longer bound by another relationship.

 

2. Meeting in Person:

It is highly recommended that both the US Citizen sponsor and the Alien Fiance physically meet in person and can prove it.

Many people cannot meet for reasons the US Citizen cannot leave the US due to an illness or cannot get a US Passport.

Some couples try to go the route of getting the alien fiance a US tourist visa which has less than a 5% success rate due to unable to meet stringent requirements.

There are only a few exceptions to this requirement, such as meeting in person would violate strict and long-established customs of the petitioner’s or fiance’s culture, or it would result in extreme hardship for the petitioner.

This would require a waiver which is rarely ever approved and often times scrutinized as visa fraud.

 

3. Evidence of Meeting:

The couple needs to provide evidence that they have physically met in person.

Couples who are together should provide plenty of photographs together, trip itineraries, boarding pass stubs, passport visa stamps, other transportation tickets, hotel receipts, and any other documentation that verifies the time and place of their meeting.

If your new to this, and maybe simply do not have enough time or experience in learning how to go about doing all of this, then we highly advise you to allow FilAm Immigration Services to assist you in your trip planing so that you can make the most out of your time together and not forget anything.

K1 Fiance Visa Requirements Updated 2024

IMBRA - International Marriage Broker Regulation Act

The International Marriage Broker Regulation Act (IMBRA) has specific regulations that affect sponsors of K1 visas.

IMBRA was enacted in 2005 as a means to protect alien fiance’s, spouses and children who are seeking immigration visas to the United States, particularly those who met their American partners through international marriage brokers also known as IMB.

Under IMBRA, sponsors of K1 visa applicants are required to disclose various personal details, such as criminal records, protection orders, and previous marital histories.

The IMB Match making entity is supposed to share the details with the alien fiance before the the visa application process ever begins.

The USDHS requires proof of this as part of processing.

The purpose of this disclosure is to provide the foreign individual with information about their potential spouse before entering into a marriage.

IMBRA also mandates that sponsors of K1 visa applicants receive information about the rights and resources available to victims of domestic violence within the United States.

USDHS Immigrants Right pdf.

This ensures that all alien fiances and children of the  alien fiance are aware of their legal rights and protections against abuse if ever the US Citizen petitioner abused their rights.

Additionally, IMBRA limits the number of K1 visa petitions that a sponsor can file.

Specifically, a sponsor cannot file more than two K1 visa petitions within their lifetime.

This is to to prevent abuse and exploitation to alien fiances and children from countries that are third world developing nations.

Sponsors that Fail to comply with the IMBRA regulations can lead to rejection and even a denial of a K1 visa petition.

It is important for sponsors to familiarize themselves with the requirements imposed by IMBRA and provide accurate and truthful information throughout the application process.

K1 Fiance Visa Requirements Updated 2024

K1 Visa rules for multiple filers

What Could go wrong for those of you who filed an I-129F Application more than two times?

There are rules to how many times a US Citizen can file a petition for alien fiance and this is what you need to know:

1. Multiple Petitioners:

It is possible for multiple U.S. citizens to file K1 visa petitions for the same foreign fiance. And occasionally it does happen where one US Citizen filed on behalf of an alien fiance, then the relationship did not not work out and later another US Citizen files for the same alien fiance.

However, based on personal experience, we have had some alien fiance’s break-up with their first petitioner and then about a year later found a new American fiance that wanted to bring them to the US for marriage only to found out after filing the second I-129F Application that the alien fiance is still a part of the first petitioner.

It can get a bit sticky if you think that a person regardless if it is a sponsor or alien fiance can just break-up and think the I-129F application was automatically cancelled but the truth is, it’s still in the system at USCIS and so the next guy petitions the same alien fiance only to later find out that she is still part of an application from the first guy.

That Couple, actually the petitioner was supposed to contact the last government agency through postal mail in a letter stating who they are and providing all the proper ID and asking for the case to be closed or cancelled with reason such as we no longer wish to pursue the K1 Visa due to indifference’s.

That whole process can take up to 90-days and then after the 90-days you should be alright to get petitioned by yet another petitioner if it goes that way?

 

2. Timing and Priority:

For multiple petitioners, USCIS would only consider the petitions based in the order they received it.

So the first petitioners validity filed and properly documented will generally receive priority.

So what this means is, the second petition will be placed on hold until the processing of the first petition is complete.

For those US Citizens planning to file an I-129F for an alien fiance, it would be very important to know before you file if the alien fiance has an underlying application of some other person before you file on their behalf.

 

3. Withdrawal of Petition:

If the first petitioner decides to withdraw their I-129F Application whether approved or still undergoing processing, all subsequent petitions filed on behalf of the same alien fiance will then be processed in the order they were received.

 

4. Coordination and Communication:

It sometimes could be painful, however, the importance of communication done by the alien fiance with the first petitioner about such a withdrawal would be beneficial so that the new petitioner will not be caught waiting for sometimes an extra year before their petition even gets a chance to process.

 

5. Disclosure of Multiple Filings:

Each petitioner must disclose on their I-129F if they have filed multiple petitions for the same foreign fiance on the relevant USCIS forms.

Failure to disclose such information accurately can result in penalties and potential immigration issues for both the petitioners and the alien fiance.

If a petitioner is the one who is filing for another alien fiance because maybe the first one had a change of heart, or the couple later had indifference’s and so later he or she files a second time, the withdrawal rule still applies and should not be overlooked before filing a second petition.

 

6. Consular Processing:

Once the USCIS approves the I-129F petition, the alien fiance will proceed with the consular processing at the U.S. embassy or consulate in their home country.

Multiple petitioners won’t affect the consular process, as it revolves around the individual beneficiary, not the petitioners.

It’s important to note that each K1 visa petition is evaluated independently, and the final decision on granting the visa rests with USCIS and the U.S. Department of State.

Multiple filings may or may not impact the outcome, depending on the circumstances and the USCIS’s discretion.

K1 Fiance Visa Requirements Updated 2024

K1 Visa Applicants need which items for a US Embassy Interview?

All K1 visa applicants must have several important items for a US Embassy interview.

Here is a list of the essential documents and items that should be prepared:

 

1. Passport:

The applicant’s valid passport is a necessary requirement.

It should have a remaining validity of at least six months beyond the intended period of stay in the United States.

 

2. DS-160 Confirmation Page:

The applicant should bring the printed confirmation page of the DS-160 Online Non-immigrant Visa Application.

This document contains the applicant’s personal information and is required for the interview.

 

3. Appointment Confirmation:

The applicant must have the printed confirmation of the visa interview appointment.

This document indicates the scheduled date and time of the interview.

 

4. Birth Certificate:

An original or certified copy of the applicant’s birth certificate must be presented.

It should be an official document issued by the alien fiances country and for Filipino applicants you need the Philippine Statistics Authority (PSA).

 

5. Police Clearances:

A police clearance certificate is required from all countries where the applicant has resided for six months or longer since age 16.

In the Philippines, this is known as the National Bureau of Investigation (NBI) Clearance.

If the applicant had other legal names they used such as previous married names or aliases that where legally certified, then they would be required to get an NBI clearance in those names also.

 

6. Medical Examination Results:

The applicant must bring the results of the required medical examination conducted by an authorized physician.

The embassy-approved medical facilities usually provide the necessary documentation.

Generally these items:

  • Brown sealed envelope containing the medical results

  • A Copy of the DS3025 Vaccination Documentation Worksheet.

 

7. Evidence of Relationship:

The applicant should provide evidence of a genuine relationship with their U.S. citizen fiance.

This may include photographs together, engagement photos, chat logs, emails, or other relevant proof of communication and relationship.

 

8. Proof of Financial Support:

The applicant may be required to show evidence of financial support, such as a letter of intent to marry, Form I-134 (Affidavit of Support) from the U.S. citizen sponsor, bank statements, or employment verification.

 

9. Confirmation of Payment:

Proof of payment for the visa application fee, such as the receipt or payment confirmation, should be presented during the interview.

It is important for the applicant to thoroughly review the requirements provided by the U.S. Embassy and consulate where the interview is scheduled.

These requirements may vary slightly, and additional documents may be needed based on individual circumstances.

K1 Fiance Visa Requirements Updated 2024

2024 K1 Visa Medical Exam in Manila Philippines?

For K1/K2 Applicants the requirements are pretty much the same and if you have K2 Children they will be the same also with the exception of the medical fee based on the age of the child, it may be higher or lower.

However, it’s important to note that requirements for a K1 visa medical exam may change over time, so it’s important to consult with FilAm Immigration Services by contacting us for the most up-to-date information.

That being said, as of 2024, the K1 visa medical exam requirements in Manila, Philippines could typically include the following:

 

1. Scheduling the Medical Examination:

The first step is to schedule an appointment with an authorized medical facility approved by the United States Embassy in Manila.

 

2. Vaccination History:

Gather all available immunization records to present to the medical facility.

The required vaccinations may include measles, mumps, rubella (MMR), varicella (chickenpox), Tdap (tetanus, diphtheria, pertussis), polio, and influenza.

 

3. Medical Examination Fee:

Pay the required fee for the medical examination.

The fee may vary depending on the authorized medical facility.

For St. Luke’s in Manila Philippines the cost as of 2024 is age 15 above pay Php 18,540. for kids 14 and below Php 11,400.

 

4. Medical Exam Documentation:

Bring the necessary documents to the medical exam, which may include:

a. Valid passport.

b. Four identical 2×2 passport-sized photos of the applicant.

c. Appointment confirmation letter or email from the authorized medical facility.

d. Appointment confirmation letter from the US Embassy interview.

e. DS160 Confirmation

 

5. Medical History Information:

Provide accurate information about your medical history, including any prior medical conditions, surgeries, or prescribed medications.

Be prepared to disclose any chronic illnesses or infectious diseases.

 

6. Physical Examination:

Undergo a thorough physical examination performed by an authorized physician.

The examination may include blood tests, chest X-ray, and communicable disease screening.

 

7. Immunization and Vaccinations:

Receive any necessary vaccinations or immunizations that may be missing from your immunization record based on the Centers for Disease Control and Prevention (CDC) recommendations.

 

8. Tuberculosis (TB) Screening:

As TB is prevalent in certain countries, including the Philippines, a TB test is typically required.

This may include a chest X-ray and/or a tuberculin skin test (TST), also known as a Mantoux test.

 

9. Health Screening Evaluation:

The authorized physician will review your medical history, examination results, and vaccinations to assess your overall health status.

After completing the medical examination, the authorized medical facility will provide you with the necessary documentation to be submitted with your K1 visa application.

Remember, these requirements may vary, and it is always wise to consult official sources such as the United States Embassy in Manila or an immigration lawyer to ensure you have the most accurate and up-to-date information.

K1 Fiance Visa Requirements Updated 2024