Articles Posted in K1 Fiance Visa

The purpose of a K1 Fiance Visa is to provide a visa to the foreign finace of a US Citizen who wishes to get married. Its a benefit of US Citizenship. When processing the visa application, the US Government through The US Department of Homeland Security and the US State Department will review the application to determine the truthfulness or validity of the relationship. Dishonest relationships will be rooted out and those applications denied. The responsibility for providing proof of the relationship is on the couple applying for the visa. In determining what evidence is helpful in proving your relationship is genuine, you must consider what an honest relationship looks like. A couple in love do things together. They go places together. They talk and  share information about themselves with others. If you focus on just those basic relationship areas alone, you can come up with plenty of evidence to support your application. Here is a list of evidence that that touches upon each of those basic relationship facts:

  • Pictures
  • Facebook and Social media post
  • Phone records
  • Receipts of expenses together
  • Statements from family friends who know of the relationship
  • Examples of communications (Letters, Cards, Skype, Yahoo Messenger, etc…)

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Many people have taken to various forms of social media to share pictures and provide information about themselves. In some cases, its used to communicate directly with another person. Unlike emails and phone calls, a record of your communications are not so easily deleted or managed for privacy.  Its important to keep this in mind when you apply for a K1 Fiance Visa or a CR1 Marriage Visa. Your pictures and statements reflect information about who you are and what you are up to.
Imagine filing for a Fiance Visa and stating that you are in love with your fiancé and yet having current pictures of a another boyfriend or girlfriend at home or pictures which strongly suggest a romantic relationship with someone else. Such information will likely be seen by USCIS or the US Embassy and in such a case could seriously compromise your credibility. If USCIS or the US Embassy does not believe you, you will not get your visa.

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Applying for a K1 Fiance Visa starts with the filing of form I-129f Petition for Alien fiancé(e).
Starting June 9, 2017, USCIS will only accept the 04/10/17 edition of the I-129f form. This new form is more extensive than the older version and requires more background information on the Petitioner and beneficiary. Failure to file the correct version of the I-129f form will lead to a rejection of your application by USCIS.
To better understand the new question, I recommend you review the instructions for this form. the instructions, as well as the new form can be found by going online at www.uscis.gov.

Effective January 27, 2017, a Trump Administration Executive Order suspended the issuance of all visas to nationals from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. This suspension includes K1 Fiance visas and CR1 Marriage visas for fiances and spouses who are nationals of these countries. At this time, it appears that the suspension is temporary until new safeguards can be implemented to make the vetting process more stringent for people wishing to come to the US from these countries. I am hopeful that new vetting procedures can be implemented within 90-120 days. This temporary suspension is intended to help protect all Americans from terrorism.

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After obtaining your K1 Fiance Visa approval from USCIS, you will need to work with the US Embassy in Manila to obtain your Fiance Visa. The US Embassy in Manila provides excellent written instructions in both Tagalog and English that you should follow to obtain your visa. You can print a copy of the instructions by going to the following link:
https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf.
I recommend that you print off a copy of the instructions and then “check off” each instruction or required document as you proceed through the instructions. The instructions will provide you with a list of all requirements and documents needed to obtain your Fiance Visa. It will also provide you with the correct information to schedule your Medical Exam and Fiance Visa interview.

Every Petitioner applying for a K1 Fiance visa must demonstrated that he or she earns at least 125% above the poverty guidelines for whatever size family they will become.
For a salaried employee, this requirement is generally met by providing a letter of employment which states what the petitioners job title and annual income is, copies of past pay stubs and a copy of their most recent Fed Tax return and W2.
For someone who is self employed, proving their true income can be more challenging. From my experience, and for good reason, self employed petitioners deduct as many expenses as they can to reduce their taxable income. This aggressive approcah to reduce taxable income can weaken a petionners standing with Immigration. For this reason, self employed petitioners should be careful not to reduce their income below the required level for Immigration purposes. Also, when their are non cash expenses such as losses carried forward and depreciation, it becomes important to point this out to Immigration. I recommend having your account prepare a letter explaining any such expenses to show a more accurate and hopefully higher level of true income. I further recommend that you prepare a letter on your company letterhead explaining what your responsibilities are within your company and what you pay yourself annually. This letter should be supported by deposits, pay stubs and of course your Federal Tax return. In lieu of a W2, you can provide a 1099.

You can schedule your K1 Fiance Visa interview at the US Embassy in Manila, Philippines by simply calling the Manila Visa Information and Appointment Service Center at  (632) 976-8500, (632) 976-8501 or (632) 976-8502. Callers in the US can call the center at (703) 520-2235. You can also schedule your interview appointment online at: http://www.ustraveldocs.com/ph.
To schedule an interview appointment, you will need to have your :
  • Case Number,

The K1 Fiance Visa interview is the last step in the K1 Fiance Visa application process. At the K1 Fiance Visa interview, the US Embassy Official will make a determination as to eligibility of the intended Beneficiary as well as the legitimacy of the relationship.
A review of the Fiance’s medical history and criminal history will be reviewed.  Assuming all is fine, the examination will then focus on the relationship. The US Embassy Offical will inquire as the to the foreign fiance’s knowledge of the US Citizens family, children, past marriages, education, employment, and interests. The Hearing Officer will also try and judge the foreign fiancés true interest getting married to the US Citizen. The interview normally last between 15-30 minutes.
If the relationship is genuine, then there should be no problems at all in passing the interview. You don’t have to be perfect, but you do need to be knowledgeable about your futures spouses personal history. And, always tell the truth.

In order to obtain a K1 Fiance Visa, you will need to demonstrate that you have a genuine loving relationship and that you wish and intend to get married. To proof that you have such a relationship, you will need to submit evidence to USCIS and the US Embassy convincing them that you are truly in love. The type of evidence can vary from case to case, but the following evidence is very helpful and should always be provided at a minimum:
  • Personal letters from each of you describing how you met, when you met in person and what about each other caused you to fall in love. – This is likely the first piece of evidence that an Immigration officer will look at. Be open about your feelings and tell Immigration that you are in love. Give them details of how you met, when you met in person, what you did together and how you feel. Also state that you intend to get married within90 day so your fiancés arrival in the US.
  • Photos of the two of you together- Photos prove that you have met. Provide Photos that show that you are happy and in love. Photos that show playfulness and being together are always a good choice.

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