Recent efforts by various US Embassies to more closely scrutinize K1 Fiance Visa applications has resulted in some unexpected delays and holds on the issuance of certain requested visas, while additional evidence is requested.  This heightened scrutiny or extreme vetting is coming from places in the world where a suspicion of fraud is high and/or where the couple appear to be ignoring established cultural norms for marriages and weddings. In such cases, the petitioner and beneficiary may need to present additional evidence to obtain their desired approval. In these cases, be prepared to provide the following additional evidence to obtain your K1 Fiance Visa approval:
  • Access to all social media accounts
  • Proof of continuous communications between the couple while apart
  • Additional photographs showing that the couple have spent meaningful time together
  • Evidence that a marriage license has been applied for in the US
  • Evidence of a marriage date
  • Evidence that accommodations have been reserved for a wedding ceremony and reception
  • List of guests with contact information
  • Affidavits or sworn statements from parents stating that they are aware of the wedding plans of their child and approve of the marriage
If this information is available at the inception of the application, I recommend submitting it along with all your forms, documents and other evidence.

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To begin with, a prenuptial agreement is a contract made between a couple getting married which typically sets forth how they will divide assets, property and income in the event the marriage breaks up. Many couples elect to enter into a prenuptial agreement before getting married.
The I-864 Affidavit of Support is a contract between the Sponsor of an Immigrant Visa and the US Government that requires the sponsor promise to provide whatever amount of financial support is needed to insure that the immigrant is financially taken care of by the Sponsor and that the Immigrant will not require government support.  It is required for all CR1 Marriage Visas and when applying for an Adjustment of Status to become a Legal Permanent Resident of the US. Pursuant to the terms of the I-864 Affidavit of Support, if the sponsor fails to support the immigrant as required and the immigrant incurs debt or seeks financial assistance from the government, the sponsor can be held liable for the debt or the government’s assistance. In other wards, the government can sue the sponsor for reimbursement of any funds or expenses it incurs on behalf of the Immigrant.
The existence of a pre nuptial agreement does not affect or invalidate the terms of the I-864 Affidavit of Support. This is because the I-864 Affidavit is an agreement between the Sponsor and the US Government. It is seperate and distinct agreement from any contract the parties to a marriage may have entered into on their own.
In fact, the I-864 remains in affect until one of these factors occurs:
  • The Immigrant is no longer a Legal Permanent Resident and has departed the US;
  • The immigrant becomes a US Citizen;
  • The Immigrant has worked for 40 quarters (10 years) of coverage under the Social Security Act.
  • The Immigrant Dies

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Filing for a K1 Fiancé Visa while working and living overseas is fairly common, but the process can become a bit more complicated then when applying while living and working in the US.

First, I always recommend to my overseas clients that they establish or use a mailing address in the US to receive their Immigration notices. Receiving mail overseas can sometimes be a real problem depending on the country and location. To reduce the risk that you will miss a notice, establish a mailing address in the US and a plan for receiving your mail.  A PO Box or the address of a family member should work just fine.

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All K1 fiancé beneficiaries must undergo a medical exam by a US Embassy approved Medical facility before being issued a K1 Fiance Visa. 

The medical examination will include a review of your medical history, a present physical examination, X- rays and blood tests for drug use and identification of communicable diseases. The physical exam will look at a beneficiary’s eyes, ears, nose, throat, lungs, heart, extremities, abdomen, lymph nodes and external genitalia.  Continue reading →

Once you have completed your I-129f form and are ready to submit your application for a K1 Fiance Visa, you may wish to double check that you have all the required documents. I highly recommend that you review the I-129f instructions again and then you can use the following checklist, which will give you a brief outline of what you need review or do before sending in your application:
Did You….
  • Complete all relevant sections of your I-129f Petition for Alien Fiance

The US Embassy in Manila requires certain documents to be brought to your K1 Fiance Visa interview. Here is a checklist for you to review:
  • DS 160 Nonimmigrant Visas Application Confirmation Page
  • A Valid Passport that is good for at least 6 months

The application for a K1 Fiance Visa and/or CR1 and IR1 Marriage Visa requires the Petitioner (US Citizen) to prove that he or she has the income to support the application. In the case of a Fiance visa, the Petitioner must file an Affidavit of Support using form I-134. For a CR1 or IR1 Marriage Visa, the form is an I-864 Affidavit of Support.

Unfortunately, in the case of a Fiance Visa, you cannot use the foreign fiancés (also known as the beneficiary) income to help meet the financial requirements of a Fiance Visa application. For this visa, only the Petitioner or a close family relative of either party, acting as a co sponsor, can be used to provide evidence of income to meet the Fiance Visa application requirements.

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There are various sources of income and assets that can be used to meet the requirements of an I-864 Affidavit of Support for a CR1 Marriage Visa or Adjustment of Status to LPR.
The easiest and most commonly used source is income. The I-864 Affidavit of Support requires the petitioner to earn at least 125% above the Federal Poverty Guideline for your family size.  When your income meets or exceeds the required amount, you qualify. There is no need to provide any further sources of income or assets. However, when the petitioners income does not meet the required level, you will need to provide other sources of income and/or assets to make up any differences.  In lieu of the petitioners income, you may also submit evidence of:
  • Sponsor’s assets

Once an applicant’s I-129f visa petition for  K1 Fiance Visa has been approved by USCIS and your file has been transferred to the US Embassy in Manila, you will need to submit additional forms and documents to the Embassy to ultimately obtain your fiancé visa.
To begin with, there is a $265 dollar application fee that must be paid to the Bank of the Philippine Islands (BPI).  All Fiance Visa applicants must pay their fee with an application deposit slip which can be obtained online from the online appointment website used by the Embassy.
After paying your fee, you can schedule your visa appointment after obtaining and/or submitting the following required items:

Once your K1 Fiance Visa application has been approved by USCIS, you will need to start working with the US Embassy location in the country where your fiancé lives. Every USCIS approval notice has an expiration date of 4 months. If you need more time to complete your work with the US Embassy, you can contact the Embassy and ask for further validation time.
Every Embassy around the world has its own procedures for processing K1 Fiance Visas. Some US Embassy locations work directly with the beneficiary and others use a processing center affiliated with the Embassy. Either way, you will be sent an notice and/or link for how to proceed. This may come from the Embassy or the NVC. You must wait for the Embassy or NVC to contact you before you can start working with the Embassy. At some point, you will be given the information that you will need or directed to a link that identifies the forms and documents that must be completed before you can schedule your interview. Your embassy instructions will also let you know how to pay the Embassy processing fee and where and when to have your medical exam. Once everything is completed, you can then schedule your interview.
From my experience, it takes about one month after being approved by USCIS to receive your Embassy notice and/or instructions and then another 2 months working with the Embassy to actually obtain your visa.

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