Marriage Visa Attorney Blog

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.

Large age differences between a couple who are applying for a K1 Fiance Visa can become an issue in the application process. Based on my experience, I would say that an age difference of 10 years or less is not an issue at all.  An age difference of 10 to 20 years may be looked at as a potential issue, but it’s not so uncommon to cause real concern. However, an age difference of 25 years or more will be noticed, and will likely become an issue that needs to be overcome with other facts proving that the relationship is genuine.

As you can appreciate, the larger the difference in a couple’s ages, the more the age difference becomes an issue. However, the good news is that a large age difference in and of itself, will not disqualify the couple from applying for and obtaining a fiance visa. USCIS and the US Embassy will consider the totality of the facts to determine the validity of the relationship. This includes, how the couple met, how much time does the couple spend communicating with one another, when did the couple first meet in person, how long did they spend time together in person, how many times have they met in person, did the couple take pictures together and some with family, as well as many other factors that would demonstrate that the couple are truly in love. From my experience, I sense that there is still a bias in favor of older men and younger woman by comparison to cases of older woman with younger men. Again, the totality of the facts will be weighed against any negatives present in the application.

Another factor that is closely looked at when the US Citizen is significantly older than his or her fiancé, is whether the older person in the relationship suffers from any medical problems and is in need of some level of medical care. Immigration will closely scrutinize such a relationship and look to see if the parties are truly in love or whether they are simply trying to arrange for medical care using a K1 Fiance visa based on a fictitious relationship. Fiance visas are not intended for in home care takers or nurses! They are reserved for couples who are truly in love and wish to get married.

A better approach is to file for your work authorization at the same time you file for your Adjustment of Status to become a Legal Permanent Resident. Under this approach, you would file your I-765 along with your I-485, Application to Adjust Status to legal Permanent Residence (AOS). There are two main benefits to waiting and filing your work authorization with your AOS. First, if you file your I-765 with your I-485, you do not have to pay the nearly $600 filing fee typically charged for obtaining your work authorization. Second, once approved, your permission to work is permanent so long as you are a Legal Permanent Resident.

If you have questions about the K1 Fiance Visa, please feel free to give me a call toll free at 1-888-515-3529.

The K1 Fiance visa requires proof that the Petitioner and the foreign fiancé have met in person at least once within a two year period prior to the filing of their visa application.

The easiest and perhaps the best way to prove that you have met your foreign fiancé in person is through pictures. Take lots of pictures when you meet and spend time together and preferably with a camera that automatically dates each photo. If you are using a camera that does not date your pictures, have them developed and date them yourself. I would also suggest taking some pictures in front of an obvious landmark that shows where you are (for example; in front of the Eiffel Tower in France). Pictures with family and at family gatherings are also a good idea.

Given the recent developments in the investigation of the San Bernardino terrorist attacks, where a K1 Fiance Visa was wrongfully given to a terrorist, I expect that there will be changes to the K1 Fiance Visa application process and review. One big change that seems inevitable is how the government will review an applicant’s social media accounts and postings. I do expect that the Department of Homeland Security and The US State Department will begin reviewing the social media accounts of its applicants very soon. Given the need to properly vet those who wish to immigrate to the United States to ensure the safety of all Americans, this seems to be a fair area of inquiry. Historically, social media has not routinely been reviewed for various reasons stemming from privacy concerns to the added expense that the additional review time would necessitate.

The K1 Fiance Visa has come under some intense scrutiny because of the recent terrorist attack in California. Unfortunately, it looks like one of the terrorists came into the US through a K1 Fiance Visa. Gaining entrance into the US through a K1 Fiance Visa could not have been easy and based on my experience with helping couples from around the world who have applied for a K1 Fiance Visa, I know that it is a time consuming and thorough process.

The K1 Fiance Visa is intended to help couples who have met each other in person and are truly in love and wish to get married and be together. It is an important visa that has helped create many wonderful American families. Applying for a K1 Fiance Visa is not a quick or simple task. It requires the submission of several forms and documents, and then the application undergoes careful examination by the US Department of Homeland Security and the Department of State. Background and criminal checks are performed on both the petitioner (US Citizen) and the beneficiary (foreign fiancé). The process takes about 8-9 months and it concludes with a interview at the US Embassy or US Consulate closest to where the foreign fiancé resides.