Marriage Visa Attorney Blog

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.

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 :

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:

There is no requirement that you hire an Attorney to prepare and submit your application for a K1 Fiance Visa, but I don’t recommend it.  I think the chances of making a mistake if you don’t have prior experience submitting such an application would be high. Nevertheless, should you wish to proceed on your own, this short article should give you some helpful direction.

The forms for a K1 Fiance Visa can be found online by going to www.uscis.gov. Once you have entered the US Department of Homeland Security site, click on the tab for Forms.

To apply for a K1 Fiance visa, you will need to submit a I-129f Petition for Alien Fiance form, as well as a G325A Biographic Information form for you and your fiancé. Each form comes with its own set of instructions, which you must read carefully. The instructions will help you better understand how to complete each form and what documents you are required to submit with each form.