Articles Posted in K1 Fiance Visa

Processing times for a K1 Fiance Visa explained:

The average wait time for a K1 Fiance visa fluctuates a bit from time to time, but on average, you can expect to receive your K1 Fiance Visa in about 6-8 months from the date that you first filed your application forms and documents with USCIS. This is an approximate time frame, not counting a holiday season such as Christmas and New Years, and for applications that are complete and easy to approve.

Some companies advertise processing times of 3 to 4 months. This is not accurate and most likely, these companies are only referring to initial USCIS approval, not the approval of the visa by the US Embassy/Consulate in the country where your fiance lives.

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Filipino fiances with a K1 Fiance visa who plan to leave the Philippines to settle permanently in the United States are required to register with the Commission on Filipinos Overseas. Part of its registration requirements is attendance in the Pre-Departure Orientation Seminar (PDOS) to prepare them for settlement overseas.

Country-specific PDOS are conducted for Filipino emigrants to address their adjustment concerns in their destination countries. In these seminars, various topics are discussed such as travel regulations, immigration procedures, cultural differences, settlement concerns, employment and social security concerns and rights and obligations of Filipino migrants.

Those who are 12 years old and below are exempted from attending the PDOS. They must, however, be registered, even if by proxy. Children of emigrants, aged 13 to 19, are required to attend the Peer Counseling Program to help facilitate their adjustment to a new environment.

The minor children of a parent who has applied for a fiance visa can come to the United States with their parent or follow at a later date. As children of a fiance visa holder, they qualify for K2 Visas. In order to obtain a K2 visa, the minor children must be listed on the Applicants I-129F Fiance Visa application form. They do not need to file their own I-129F form with USCIS. However, once USCIS has approved the parents I-129F fiance visa form, the minor children of a fiance visa holder will need to file their own visa application forms required by the US Embassy or Consulate along with their parents’s visa forms. They will also have to pay their own visa application fees.

You are welcome to call me if you have any questions about obtaining a K1 Fiance Visa of K2 visas for children. You can reach me toll free at 1-888-515-3529.

Attorney Jeff Pettys

The Fiance Visa interview is essentially the last step in the process of obtaining a K1 Fiance Visa. Most clients are understandably nervous for their interview because they don’t know what to fully expect. It may be the first time that the client has worked with the US Embassy or Consulate or spoken to an American official.

The Fiance Visa interview is important but its not hard.  The most important advice that I can give you is to always tell the truth. Do not lie about anything!

Next, be prepared to discuss how you met your future spouse and what made you fall in love. For someone in love, this is easy to do.  Be prepared to tell the hearing officer whats so special about your future spouse.

Its always a good idea to bring some pictures to the Fiance Visa interview. You can likely show them to your hearing officer and discuss what you were doing and where you were at the time the pictures where taken. If you have some love letters or cards that you have kept, bring those as well.

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Is Getting a K1 Fiance Visa faster than a CR1 Marriage Visa? Typically yes, but consider the following….

Based on my experience, the processing times for a K1 Fiance Visa and a CR1 or IR1 Marriage Visa are relatively close. I would say that it now takes about 7-8 months to obtain a K1 Fiance Visa and about 10-12 months to obtain a Marriage Visa. As you can see, the actual processing times are not that different.  What makes a difference is when you can file for either visa. You can file for a K1 Fiance Visa as soon as you like. Whereas you must already be married to file for a CR1 or IR1 Marriage Visa. This big difference in when you can file is largely why the K1 Fiance Visa is faster to obtain and the most popular Visa for couples in love and wanting to be together as soon as possible.

If you have any questions or would like to discuss whether a K1 Fiance Visa or a CR1 Marriage Visa is best for you, just give me a call. 1-888-515-3529.

To successfully petition a fiance for a fiance visa, you should be able to show that your earn 125% above the poverty guideline for your size family. I say 125% because this is the number you will need to show when you petition your fiance for their Legal Permanent Residency once married. If you fail to meet this requirement then you will have to demonstrate that you have sufficient assets, if liquidated, to support your fiance in lieu of your insufficient income. I think a good benchmark for assets is about 3 times the income requirement.  If you are unable to show sufficient income and or assets to petition your fiance, then you may be able to present a co-sponsor who does meet the income and or asset requirement. It is important to check with the US Embassy located in your foreign fiance’s country to see whether they will accept a co-sponsor if needed.

If you have any questions about the fiance visa, you are welcome to call me anytime. I can be reached toll free at 1-888-515-3529.

Attorney Jeffrey C. Pettys