Marriage Visa Attorney BlogThe USCIS filing fees for a K1 Fiance Visa and CR1 Marriage Visas are going up starting December 23, 2016.
The new fees are as follows:
I-129F Petition for Alien Fiance: $535
Articles Posted in CR1 Marriage Visa
What to do when your K1 Fiance Visa is denied
K1 Fiance visas can be denied at either the USCIS level or later at the US Embassy. In either case, a denial suggest that something is wrong with your application and you will likely need professional help to fix the problem.
K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. Unfortunately, filing an appeal is expensive. The filing fee for an appeal is more than the filing fee for the original application.
Another alternative when your application is denied by USCIS, is to re file your Fiance Visa petition. This means you are starting over and many times this is the best way to proceed. Whatever problems or deficiencies that where present in your first application can be completely avoided by re filing. Its also less expensive than an appeal.
Same Sex Marriage Immigration Benefits For Fiancés And Spouses
Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!
As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married. Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.
If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.
Police Reports for K1 Fiance and Marriage Visas
Does my fiance or spouse need to get a Police Report to get a K1 Fiance or Marriage Visa?
The answer is Yes. Every foreign fiancé or spouse who has applied for a K1 Fiance Visa or a Marriage Visa must apply for and obtain a police report from every country he or she has lived for more than 6 months after the age of 16. The CEAC has specific instructions for obtaining a Police Report. These instructions can be found at: http://www.travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Supporting_documents.html
I would suggest taking steps to obtain your Police Report after receiving your initial approval from USCIS. The report should be good for up to one year and you will need it to finish your application for a K1 Fiance or Marriage Visa. In the case of a Fiance Visa, you will likely submit it just prior to your Embassy interview or at your interview. For a Marriage Visa, you will typically submit it with all your other required documents directly to the National Visa Center as instructed.
Passport Photos for K1 Fiance and CR1 Marriage Visas
USCIS requires a passport style photo for each K1 Fiancé and/or CR1 Marriage Visa application. The processing of your application may be delayed if you do not submit the proper type and size photo. Therefore, its important that the photo that you submit meets the visa requirements.
I recommend that you use a professional passport picture service, but in the event that you try and do the photos yourself, the photos must meet the following basic requirements:
- The passport photos must be in color
Children born during the K1 Fiance or CR1 Marriage Visa application process
Many of my clients who travel overseas to spend time with their fiancés or spouses while waiting on a K1 Fiance or CR1 Marriage Visa, become fathers. After all of the excitement, the question becomes…….What do I need to do so my child can travel to the US with my fiancé or spouse?
The child of a US citizen born overseas only needs a US Passport to travel to the US. To obtain a US passport for the child, the couple must first file a Consular Report of Birth Abroad (CRBA) with the nearest US Embassy and follow all the required instructions.
Happy Holidays
Merry Christmas and Happy Holidays to all the great people and families that I have met throughout the years.
Every year I meet new people who are looking for Immigration help. All of my clients have meet someone special and were in need of a K1 Fiance Visa, CR1 Marriage Visa or help applying for an Adjustment of Status to become a Legal Permanent Resident of the United States. The best part of my job is getting to know my clients and sometimes, staying friends after the work is done. I try and follow the families that I have worked with to see how they are doing once the process has been completed and everyone is settled. I always look forward to the new pictures and updates that I receive every year. I especially like to hear about how my families have grown and how any children are doing after arriving in the United States. Its a big adventure for everyone and sometimes a big adjustment. I am always available to talk and consult with. And, you are always welcome to send me new pictures and updates. If you like, we can include your pictures in our new family Facebook page. Just email me your pictures and any news at pettysjeff@gmail.com. To see our new firm Facebook page, click the Facebook link on our web page.
Again, happy holidays to everyone. I wish you a great holiday season and a safe and prosperous new year!
The Financial documents needed to support an Affidavit of Support
Whether you are filing for a K1 Fiance Visa or a CR1 Marriage Visa, you will be required to file an Affidavit of Support and prove that you meet the income/asset requirements of a petitioner.
For a Fiance Visa, you will be required to file Form I-134 Affidavit of Support. Whereas, for a Marriage visa and when you apply for Permanent Residency, you must file Form I-864 Affidavit of Support. Regardless, each form requires nearly the same supporting financial proof.
The first document that you will need to provide is a copy of your most recent tax return. If you have not filed your most recent tax return, you will need to file it, or show Immigration that you got an extension or that you are not required to file by law. In most cases, the petitioner has to show a copy of the most recent tax year tax return. You will also need to provide a copy of a W2 or 1099 to support the income listed on your tax return.
Quick facts to know about applying for a CR1 Marriage Visa
A CR1 Marriage Visa is used for spouses and relatives of a US Citizen or Legal permanent Resident. To obtain a CR1 Marriage Visa, the US Citizen must file form I-130 Petition for Alien Relative. The current edition is dated 12/19/2012. Some previous editions are still accepted. File your forms and documents with USCIS at the address that corresponds to the state of the petitioners home residence. You will find this information on the form instructions or by visiting www.uscis.com. The current filing fee is $420.00. Your check must be made payable to The US Department of Homeland Security.
If you have questions about the CR1 Marriage Visa, you are welcome to call me anytime toll free at 1-888-515-3529.
Attorney Jeff Pettys
Affidavits Of Support for The K1 Fiance and CR1 Marriage Visa
The Petitioner for a K1 Fiance Visa or CR1 Marriage visa must submit an Affidavit of Support as a part of the application process. For the K1 Fiance Visa, the Petitioner must submit his or her Affidavit of Support on form I-134. Whereas the Affidavit of Support used for a CR1 Marriage Visa is submitted on form I-864. Both forms will require you to identify your current employment and sources of income and further prove your income using your most recent Federal Tax Return and W2. For each type of visa, you must be able to show that you earn at least 125% above the Federal Poverty guideline for your size family. In the case of the I-134, you will also be required to identify your assets. Only when you don’t meet the income requirements of a Marriage Visa will you have to identify your assets using the I-864 form.
The I-864 Affidavit of Support form is also used when adjusting status to become a Lawful Permanent resident. Sometimes this is referred to as the Green Card process.
You can review the forms by going to www.uscis.com. Click on the Form Tab and scroll down until you reach the I-134 or I-864 form links. Click on the link for your form and download the form and instructions.
