K-1 Fiancé Visa Kit
| |
| K-1 Fiance Visa – Complete Do it Yourself Kit |
| How to apply for and obtain the K-1 Fiance Visa. A step by step guide. |
What is the K1 Fiancé Visa?
If you are an American citizen and you want your foreign Fiancée to travel to the United States to marry you and live in the U.S., you must file a K-1 Visa Petition for Alien Fiancée with USCIS.
Filing the K1 Visa Petition
You must file the Petition for Alien Fiancé, Form I-129F, along with a completed and signed USCIS Form G-325A from each of you, with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) Dallas Lockbox office:
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
After USCIS approves your I-129F petition, they will send it to the petition to National Visa Center for processing. Once this processing is complete, the petition is sent to the designated US Embassy where your Fiancé will complete the K-1 nonimmigrant visa processing.
Unmarried children under age 21 of the K-1 visa holder may be issued the K-2 visa, if they seek to accompany or follow to join the primary visa holder.
Eligible dependent children of your fiancé 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 fiancé seeks to enter the United States more than one year after your fiancé has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
What is the International Marriage Broker Regulation Act (IMBRA)?
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 fiancée 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, and then check the National Sex Offender public registry and state public registry for each man, provide all this information to the woman, and secure a signed and written consent from the woman to release her contact information to that particular man.
Requirements for the K-1 Fiancé Visa
K-1 Fiance Visa Complete Do it Yourself Kit
- You must be a USA citizen. Lawful permanent resident “green card” holders of the United States do not qualify to petition for K-1 fiancé visas.
- You must be able to prove that you are legally able to marry. You must be able to provide proof that if you were previously married, that you are divorced, widowed or the marriage was annulled.
- You have met your Fiancée in person within 2 years of filing your petition for a K-1 visa. You can show this by submitting dated photographs of your most recent meeting.
- The US Citizen must meet the affidavit of support income requirements, normally 125 percent of the current poverty level.
About the USCIS Form I-134 – Affidavit of Support
Q. How much money do I need to show in order to bring my fiancé to the US?
You must meet either 125% of the poverty guidelines, or meet the asset requirement. If unable to do either, you will need a joint sponsor.
Q: What Are the Income Requirements?
A: To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size. The Federal poverty line is updated annually and can be found on Form I-864P, Poverty Guidelines.
If you are on active duty in the U.S. Armed Forces, including the Army, Navy, Air Force, Marines or Coast Guard, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal poverty line for your household size.
Q: How Can I Use Assets to Qualify?
A: Assets may supplement income if the consular officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.
Q: What assets can be used?
A: Any type of asset can be used if it is readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants. Other assets, such as property, may also be acceptable if they can be sold within a year.
Q: What evidence of assets is required?
A: Evidence establishing ownership and the value and location of assets are required. Information on any liens and/or liabilities relating to these assets must be provided. For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance are needed.
Q: Can the petitioner (US Citizen) or joint sponsor who receives housing and other benefits instead of salary count those benefits as income?
A: Yes. The sponsor may count income that is not subject to taxation (such as a housing allowance), as well as taxable income. However the sponsor must prove the nature and the amount of any income if it is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form, Form 1099, or other documents that substantiate the claimed income.
Q: Can a credible offer of employment for the applicant (foreign national spouse) replace or supplement an insufficient affidavit of support?
A: No. The law does not make any provision for the consideration of offers of employment in lieu of the I-134. An offer of employment may not be counted in reaching the 125 percent minimum income.
Q: What if the petitioner (US Citizen) cannot meet the 125 percent minimum income requirement?
A: If the petitioner (US Citizen) cannot meet the 125 percent minimum income requirement, they require a joint sponsor.
Q: What is a joint sponsor?
A: A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who meets the citizenship, residence, and age requirements and who meets the 125 percent minimum income requirement for his or her household size.
Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.
Q: Who can be a joint sponsor?
A: Joint sponsors must be U.S. citizens or lawful permanent residents; age 18 or over; and live in one of the 50 States, Washington, DC, or a US territory or possession.
Q: Is there a limit on the number of joint sponsors?
A: There is no limit on the number of joint sponsors; but each joint sponsor must meet the 100 percent of the poverty line income requirement for their household size.
Q: Are joint sponsors required to attend the interview?
A. No, joint sponsors are not required to attend the interview. However the fiance must bring the joint sponsor’s supporting documents (employment verification, copy of most recent years 1040 IRS tax return and W-2) to the interview.
The US Embassy Process:
K-1 Fiance Visa Complete Do it Yourself Kit
Vaccination Requirements / Medical Examination: USCIS and Department of State regulations require K-1 Fiancé visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. The Embassy will send a letter to your fiancé with instructions on completing the required medical examination.
Required Documents for your fiancé to take to the Embassy Appointment:
- Original and Photocopy of Proof of Payment for the Visa Interview.
- Passport and photocopy of first and last page of your Passport.
- Officially issued copy of your birth certificate for embassy interview.
- Copies of Termination of Prior Marriage (if either petitioner or fiancee has been previously married).
- Police Clearance (recent copy) for embassy interview.
- Foreign Police Certificate from every country where they have lived for one year or more since reaching the age of 16 (six months or more for K-1 visa applicants) for embassy interview.
- Evidence of Financial Support, which shall include the Affidavit of Support, which shall be filed up by the petitioner, and a copy of the sponsor’s most recent Federal income tax returns as well as the previous W-2 of the petitioner.
- Evidence of your ongoing relationship; cards, letters, emails, chats, and phone bills.
The Fiancé Visa Interview:
The interviewing officer will review all documents, ask questions, and make a decision on the case.
A short list of sample interview questions:
- How did you meet your fiancé?
- How long have you know your fiancé?
- Where does your fiancé live?
- What does your fiancé do for a living?
If approved, the K1 fiancé visa will be issued that day or within the week, depending on the embassy.
Your fiancé must travel to the U.S. within 6 months of the K1 fiancé visa being issued.
At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing your fiancé to officially enter the U.S.
Arriving In the U.S.
When your fiancé arrives in the U.S., a Customs Officer will greet him or her. Your fiancé may request an EAD (Employment Authorization Document), if desired. This will allow your fiancé to work for 90 days. When you file for adjustment of status after you marry, you will file for another EAD good for 12 months or until your fiancé receives her conditional Green Card, which will give her permanent work authorization.
When your fiancé receives work authorization, she will be eligible to apply for and receive a social security number.
Marriage
The marriage must take place within 90 days of entering the US.
If the foreign spouse is making a name change after marriage, take the new Social Security card and marriage certificate back to the Social Security Administration office to make a name change on the card.
Adjustment of Status to Permanent Residence (Green Card)
You may now petition your fiancé for Adjustment of Status (AOS) to become a permanent resident.
| |
| K-1 Fiance Visa – Complete Do it Yourself Kit |
| How to apply for and obtain the K-1 Fiance Visa. A step by step guide. |
