Articles Posted in CR1 Marriage Visa

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.

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

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.

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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!

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.

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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

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.

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K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

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It is not uncommon when applying for a K1 Fiance Visa or a Marriage Visa that you will receive a Request For Evidence (RFE) during the process.
A Request For Evidence can be sent for a variety of reasons and is not cause for concern. Most times, a RFE is sent when something is missing or lost by USCIS, a copy of a particular document is not clear or is not an original as required, or maybe when more proof of a fact is needed. It is also sent when their are mistakes made in the application paperwork.
If USCIS is asking for something that you have already provided, don’t argue with them, just re-send it! USCIS does lose or misplace items but getting them to admit it is a waste of time. You are dealing with a large bureaucracy and its just best to comply without complaint.

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There is no legal prohibition against using a co-sponsor to support a K1 Fiance Visa. Whether it will be accepted or not by the US Embassy to support the fiance visa application is the issue.

It has been determined that the I-134 Affidavit of Support, unlike the I-864 Affidavit of Support used for Marriage Visas and Permanent Residency applications cannot be lawfully enforced due to the non-immigrant nature of a K visa. Nevertheless, most US Embassies around the world will give some consideration to a co sponsor’s willingness to help support the financial requirements of a Fiance Visa. The good news is most US Embassy’s will accept a Co-Sponsor and those that frown on it will likely give it some consideration depending on the facts of your case.

One reason for accepting a co-sponsor for a K visa applicant may be the recognition that a co-sponsor will be accepted if the parties were married and applying for a Marriage Visa or Legal Permanent Residency. It seems almost silly to exclude the use of a co-sponsor for a K visa when the parties intend to marry and subsequently apply for Legal Permanent Residency, at which time a co-sponsor can be used. Another reason for possibly accepting a co-sponsor for a K visa application is to try and help the US citizen marry his or her choice of a loved one.

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