Marriage Visa Attorney Blog

The petitioner for a Fiance Visa must show that he or she has sufficient income or financial resources to assure that the fiance you are sponsoring will not become a public charge while in the United States. To meet this requirement, you must file form I-134 Affidavit of Support and submit various documents proving your income and financial resources.

Form I -134 provides a list of the required documents, but my experience has shown me that the following items must be submitted for a smooth approval:

The Petitioners most recent tax return and W2. Although not specifically stated, it seems as though most US Embassies or Consulates require the latest tax year’s tax returns. In some cases, the Embassy may accept a previous year’s tax return with an approved extension, but this isn’t ideal. I have seen a recent trend whereby the processing Embassies are requiring the most current tax return and W2. If you are paid as an independent contract, you will need to submit a 1099 form in place of the W2. If you are self employed, and are required to submit a schedule C, you should submit schedule C with your tax return.

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Does it matter what state my Attorney works from or lives in if I want to obtain a Fiance Visa or a Marriage Visa? ………NO, not at all.

Immigration law is governed by Federal Law and for this reason, any licensed Attorney can practice Immigration law from any state in The United States and represent clients from other states and around the world. Further, since applying for a Fiance Visa or a Marriage Visa depends mostly on the submission of forms and documents, it is not necessary to meet your Attorney in person. The work between the Attorney and the client can take place over the phone and through email. In fact, the most efficient and cost effective way to help clients obtain a Fiance Visa or a Marriage Visa today, is to work together using email and other forms of electronic communication.

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Everyone applying for a K1 Fiance Visa have to file Fiance Visa Forms. To apply for a K1 Fiance Visa, you will have to file an I-129F Petition for Alien Fiance(e) along with a G-325A Biographic Information form for both the Petitioner and Beneficiary (the future husband and wife).  These forms will have to be filed with the required documents. A list of the documents can be found in the instructions for both forms. You can find the forms by going online to the US Citizenship and Immigration Services site. You can find it at www.uscis.com.

Once your I-129F is approved and your application has been sent to the US Embassy where your foreign fiance lives, you will be required to file all or a combination of the following Embassy forms: I-134 Affidavit of Support, DS-230 Application for Immigrant Visa and Alien Registration, DS-156 online Supplement to Non Immigrant Visa Application , DS-156K Non Immigrant Fiance Visa Application, and DS-157 Supplemental Non Immigrant Visa Application form.  These forms can found online at The US Department of States web site at www.state.gov. Each US Embassy location has their own specific procedures and requirements. To determine what forms are required by your Embassy location, you will need to check their Embassy web site of wait for notification from the Embassy.

I recommend that you hire legal counsel to prepare your documents for both USCIS and the US Embassy and otherwise help you through the entire process. Your legal counsel should provide you with unlimited consultation during the entire process and help prepare your fiance for his or her Embassy interview.  You are welcome to call me anytime to discuss your visa plans. You can reach me toll free at 1-888-515-3529.

Congratulations!

The recent Supreme Court’s ruling against The Defense of Marriage Act gives married gay couples all the federal benefits and rights that straight married couples are entitled to, which presumably should include the right to apply for a K1 Fiance Visa, a CR1/IR1 Marriage visa and Legal Permanent Residency for same sex spouses.

Janet Napilitano, Secretary of Homeland Security, confirmed the effect of the ruling in a statement yesterday. “I applaud today’s Supreme Court Decision…..This discriminatory law denied thousands of legally married same sex couples many important federal benefits, including immigration benefits,”, she said “working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”

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.