Family Visas

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June 23 2017

K1 Fiance Visa: You Got Married. Now What?

Cole English, Family Visas, Fiance Visa, fiancee visa

Your fiance’s K1 visa is valid for 6 month from the date it was issued. If your fiance traveled to the US soon after receiving the visa, it is probably still valid for a few months now that you are married. However, the K1 visa is a nonimmigrant visa, meaning it will not allow your fiance to remain in the US permanently. To do this, your fiance will have to apply for “adjustment of status.” Adjustment of status is the term used in immigration law to describe changing from nonimmigrant status (K1, B2, U, asylee, etc.) to immigrant status (green card).

How to apply for adjustment of status from a K1?

Applying for adjustment of status from a K1 requires correctly filing several USCIS forms. Every case is different and it is very important to meet with an experienced immigration lawyer to assess your situation.

A K1 adjustment application has two main parts. The actual adjustment application (form I-485 – Application to Adjust Status) and a the adjustment interview. In addition to the I-485 form, you may need to file some or all of the following:

I-864 (Affidavit of Support);
I-765 (Employment Authorization);
I-693 (Report of Medical Examination and Vaccination Record);
I-131 (Application for Travel Document).

How much does adjustment of status cost?

The filing fee for form I-485 is $1,225 (including $85 for biometrics [digital fingerprints and photo]) for applicants between the ages of 14 and 78. If you are filing for someone older than 78 or younger than 14, make sure to check the special instructions. The other forms (I-864, I-765, etc.) are free as long as you are concurrently filing your I-485. Pay all fees with a personal check or money order to US Department of Homeland Security. USCIS will reject forms filed without the correct fees.

What supporting documentation do I need to send along with the forms?

The supporting documentation needed for an adjustment application is different in every case. However, here is a general checklist and some guidelines when filing a one-step adjustment for a K1 visa holder. In addition to the correct forms you will probably need the following:

Your marriage certificate. This is the document on which the entire application is based. Do not forget it. Make sure to copy both the front and back.
Provide solid proof of your bona fide marriage. Remember, the USCIS officer who interviews your spouse will probably not have copies of the proof you submitted with your I-129f (K1 visa) petition. Nor will the officer have the proof you submitted to the consulate before the K1 visa interview. Thus, it is very important you provide comprehensive proof that your marriage is real and you and your spouse intend to create a life together. Such proof should include:
- Rental agreement, lease, mortgage, or deed with both your names;
- Photos from your engagement, marriage, and time you have spent together in the US. Write the name of each person in the photo along with the date and place the photo was taken on the back;
- Bills with both your names listed at the same address;
- Letters addressed to both of you;
- Other documentation of your life together (car loans, bank accounts, letters from friends and family, etc.).
Provide proof that all previous marriages were terminated. You most likely had to provide this documentation with your K1 visa petition. Send it to them again.
Show that you can financially support your spouse. USCIS will use the I-864 Affidavit of Support form to determine whether you meet the required minimum income and/or assets under the Federal Poverty Guidelines. You need to support the form with income tax returns, bank statements, and proof of any assets you choose to use in place of income.
Passport Pictures. How many passport pictures you send depends on which forms you are filing along with your one-step adjustment application. Most likely, you will need to send 2 passport pictures of you and 4 of your spouse. Write the person’s name and date of birth on the back of each photo.
Copy of your US birth certificate. If you were not born in the United States, you will need a copy of your US citizenship certificate or passport.
Copy of your spouse’s birth certificate. If the birth certificate (or any other document) is not in English, you will need a certified English translation. Tip: “certified translation” does not mean the translator must have some sort of professional certification. It only means the person who translates the document must certify that he or she is A) fluent in both the original language and the English language and B) that the translator translated all pertinent information contained in the document. Translated documents do not have to be notarized for submission to USCIS with an adjustment application. Do not pay extra for anyone to “notarize” documents you submit to USCIS!
Copy of the biographical page of your spouse’s passport. The biographical page is the page with your spouse’s picture, the passport issue date, the expiration date, and the place of issue. The passport does not need to be translated because it should already have all the information in English.
Copy of your spouse’s I-94 and travel history.

Where do I send the adjustment application packet?

Once you have your one-step adjustment packet prepared, you need to file it with USCIS by mailing to the USCIS Chicago Lockbox at one of the following addresses, depending on your method of delivery (I recommend double checking the official USCIS site prior to mailing):

For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

How long will the one-step adjustment application take to process?

If you filed everything correctly and USCIS does not send you a Request for Evidence (RFE), processing time for an adjustment of status from a K1 visa is usually 4-6 months. If USCIS sends you an RFE, this could delay processing for 30-90 days after you respond to the RFE.

What happens at the adjustment interview?

The adjustment interview is one of the most stressful parts of the entire immigration process. We see unrealistic depictions of the process in film. We read horror stories online. Here are a few common misconceptions about the adjustment interview:

The officer will put you and your spouse in separate rooms. Although this can happen later if the officer suspects fraud after the first interview, adjustment interviews begin with everyone together in the same office. Prepare for the interview with your lawyer, bring strong supporting evidence, and answer questions honestly. Chances are, you will only have one adjustment interview and it will be conducted with both of you together.
The officers are there to trick you. USCIS officers have the difficult job of deciding what is a “bona fide” marriage and what is a “fraudulent” marriage. They have to do this with only documentary evidence and a 10-20 minute interview. Although the officer’s questions may seem rude, sneaky, or insensitive, the goal is not to catch you in a tiny contradiction and deny your spouse’s application. Of course, there are bad officers (just like there are bad professionals in every line of work) but most of them are just trying to do their best in a tough position. Make it easy on them by providing comprehensive evidence, preparing ahead of time, and answering questions honestly.
Your spouse must do the interview in English. Although doing the interview in English may be a good strategic decision if that is your primary language of communication (and your spouse’s level of fluency is appropriate), it is not required. That said, the USCIS officer will conduct the interview in English. This means you are responsible for arranging for an interpreter to be present at the interview to help your spouse understand and answer questions. Even if your spouse speaks English well, an interpreter may be important to understand all the officer’s questions completely.
You cannot submit additional evidence at the interview. You definitely can (and should) provide additional evidence of your bona fide marriage at the adjustment interview. This should include pictures, bills, letters, etc. gathered since the time of filing the one-step application.

How do we prepare for the adjustment interview?

During the interview, the officer will review the information you provided on the various forms. The officer will collect any additional evidence you want to submit to prove your marriage is bona fide, along with your spouse’s I-693 sealed medical report if you have not already provided it. The officer will then place both you and your spouse under oath. If you have a lawyer who is accompanying you to your adjustment interview, your lawyer will be in the room with you and your spouse.

Here are some standard adjustment interview questions:

How did you meet?
When did you know you wanted to get married?
What is your favorite thing about your spouse?
Can you tell me a story from your time together?
Who proposed?
Where did (s)he propose?
Did you say “yes” right away? (If the answer is “no,” why not?)
Where was the wedding?
Who attended the wedding?
Does your family support the marriage?
Who does what around the house?
What is his/her mother’s/father’s/sister’s/brother’s name?
Where was the last place you went on vacation together?
What is his/her favorite food?
Who cooks?
Where does (s)he work?

This is not a comprehensive list of interview questions. Every relationship is different and every interview is different. Use this list as a starting point and try to come up with other questions for each other. Quiz your spouse and let him/her quiz you a little each day. Preparing for the adjustment interview is a great opportunity to get to know each other. If you have a lawyer, ask your lawyer to do a practice interview pretending to be the USCIS officer.

If any of the following apply to your situation, be prepared to answer more specific questions:

A big age difference. If there is a big age difference between you and your spouse, the USCIS officer will probably ask questions about this.
A significant language barrier. If you and your spouse do not speak a common language, be prepared to explain to the officer how you communicate. Many people are happily (perhaps more so) married without being able to speak to one another. It is your responsibility to convince the officer this is possible in your case.
Previous marriages to foreign nationals. If you were previously married to an individual from another country and helped that person adjust status, the officer may be more skeptical of this current marriage. Be prepared to carefully explain the decline of that previous marriage, meeting your current spouse, and the decision to marry again.
You got your citizenship through marriage to US citizen. USCIS is very skeptical of individuals who got their US citizenship through marriage to a US citizen, divorced that person, and then filed a K1 petition on behalf of a fiance. Officers often suspect the original marriage was fraudulent–just a scheme to get citizenship and petition for the foreign fiance. Be prepared to rebut this presumption.
Living separately. Sometimes circumstances require you and your spouse to live separately. This is often the case for military service members, defense contractors, and international executives. If you and your spouse are not living together, be prepared with documentation of the reasons and how you plan to maintain a bona fide marriage despite the distance.

What should we suspect after the interview?

At the end of the interview, the officer should tell you whether your case was approved, denied, or if the officer needs more evidence to make a decision. If your case was approved, congratulations! Your spouse should receive a green card in the mail within a few weeks. If your case was denied, you should contact an immigration lawyer immediately to see if there is anything that can be done. If the USCIS officer requested additional evidence of your relationship, make sure to provide lots of evidence within the required timeframe.

Remember, until your spouse naturalizes and becomes a US citizen, you must keep USCIS informed of any address changes. Also, because you and your spouse have been married less than two years, USCIS will only grant your spouse “conditional permanent residence.” This means the first green card is only valid for 2 years. 90 days before that conditional green card expires, your spouse must file form I-751, Petition to Remove Conditions on Residence. One year after removing the conditions on permanent residence (3 years after receiving conditional permanent residence based on marriage to a US citizen), your spouse could be eligible to apply for US citizenship!

June 10 2017

K-1 Fiance Visa Step by Step (Updated 2024)

Cole English, Family Visas, Fiance Visa, fiancee visa fiance, fiancee visa, immigration, K-1, K1, marriage visa, spouse visa

We're in Love! Now what?

Congratulations! If you are reading this, you probably met someone and fell in love. Exciting times! However, if you are reading this, chances are that person does not live in the United States. Tough situation–I’ve been there. This post will lay out one of the best options for getting your significant other to the United States–the K-1 fiancé(e) visa. In the first part, I answer some of the most common K-1 visa questions. In the second part, I provide a step-by-step breakdown of the fiancé(e) visa process. Feel free to skip around. Also, if you have questions about the K-1 visa process, give us a call at 503-749-7700 or write questions@pdximmigration.com. We charge $250 for our one-hour consultations. If you are thinking about pursuing an immigration process, a consultation with an experienced immigration lawyer is a good investment. Now, happy reading!

Part I: Q&A on the K-1 Fiancé(e) Visa

Part II: K-1 Fiancé(e) Visa: Step-by-Step

Questions and Answers on the K-1 Fiance Visa

What is a K-1 fiance visa?

With a K-1 fiance (also spelled fiancé or fiancée) visa, a U.S. citizen can petition for their fiancée abroad to come to the U.S. so they can get married.

Who can file a K-1 visa petition?

A US citizen can file a K-1 visa petition for his or her fiance abroad. A lawful permanent resident (green card holder) cannot. If you are a green card holder, you will need to either get married and pursue a spouse visa or naturalize before filing the K-1 visa petition.

How long will it take for my fiancée to be able to travel to the US?

Back when I first wrote this article (2017), fiancée visa processing times were 4-6 months. The fiancée visa process became much more popular, USCIS (the agency that processes the initial petition) slowed down, COVID, etc. Now (May 2024) average times just for the first part of the process are around 13 months (see screenshot below). This means, from the date of filing your K-1 fiancée visa petition to your fiancée’s arrival in the US, you are most likely looking at a wait of 1.5-2 years. However, If USCIS finds a problem with your petition or there is an issue at the embassy abroad, it could take much longer to process.

K-1 fiance visa processing time

What if we don’t want to wait 1.5-2 years?

An experienced immigration lawyer should be able to help you brainstorm possible ways to get you and your fiancée together faster. However, in many cases, there is not a good solution to this problem under US immigration law. Because the wait times for the fiancée visa are so much longer now than in the past, many clients are now opting to pursue a spouse visa instead of a fiancée visa. Currently, the two cases process in a similar amount of time (in most locations—this will vary case-by-case) and clients often feel the benefits of the spouse visa process make it a more attractive option than the fiancée visa. However, this is a case-by-case decision that you should make after consulting with an experienced immigration lawyer.

Can I file for a K-1 visa if we are already married but my husband/wife is still living abroad?

No. If you are already married, you will need to file a different visa petition for your spouse.

Why choose a K-1 visa petition instead of other visas available to couples?

Which visa is best for your particular situation depends on your goals as a couple. An immigration lawyer can explain your options and help you make an informed decision. A K-1 visa is often the best choice for a couple when a US citizen wants their fiancée abroad to come to the US but getting married abroad is not practical for the couple. An I-130 immigrant spouse petition is usually a better option if the couple would prefer to get married abroad and have the immigrant spouse travel to the United States with permanent residence (green card) at arrival. As mentioned above, this is a very important decision for your case and future and you should do a consultation with an experienced immigration attorney.

Can my fiance’s child(ren) travel to the U.S. too?

Yes, providing they are still under 21 years of age. A child under 21 whose parent is the recipient of a fiancée visa can qualify for a K-2 derivative visa. This is one of the benefits of the fiancée visa as opposed to the spouse visa—a separate petition for each child is not necessary. Any children under 21 will automatically be included with the initial I-129F petition to USCIS as long as you list them on the form. However, once the petition is approved and transferred to the National Visa Center, each individual traveling to the U.S. must complete a separate DS-160 form and pay a visa processing fee (currently $265). Each person will also need a medical check and, if the child is 16 or older, police clearance certificate.

Note: If your fiancée and the child’s other parent were previously married, most embassies require a legal document signed by the other parent giving permission to take the child to the U.S. to live permanently. Like all documents submitted to the embassy, you will need a certified, English translation of this parental consent document.

What are some of the other requirements to apply for a fiance visa?

In most cases, you and your fiance must have met, in person, during the last 2 years before filing the petition. Keep in mind that you will have to provide proof of this meeting. Examples of proof include flight documentation for a trip to visit your fiancée, pictures of the two of you together, receipts from your time in your fiance’s country, confirmation for hotel reservations, and stamps in your passport.

In addition to having met within the last two years, you must not have met your fiancée through the services of a marriage broker as defined by the International Marriage Broker Regulation Act. If you met your fiance through any sort of matchmaking service or online dating site, it would be a good idea to talk with an immigration lawyer about how to convince USCIS that your your meeting does not fall within the definition of a brokered marriage. NOTE: USCIS has been very skeptical of any couple that meets online. Many individuals who met on social media sites are receiving a Request for Evidence (RFE) asking for proof that they did not meet through a marriage broker.

If either you (the petitioner) or your fiance (the beneficiary) has been convicted of a crime, you may not be able to qualify for a fiancée visa. The immigration consequences of a criminal conviction are extremely complex. If either you or your fiance has a criminal conviction, definitely speak with an immigration lawyer before filing your petition.

Both you and your fiancée must be free to marry. What does it mean to be free to marry for immigration purposes? It means that you can provide documentation that any prior marriages were legally terminated by divorce, death, or annulment. A marriage is usually valid for immigration purposes if it was entered pursuant to the laws of the jurisdiction where it took place. For example, if you got married in Spain and your marriage complied with Spanish law, your marriage is valid under U.S. immigration law, even if Spanish marriage requirements are different from U.S. marriage requirements. The same is true for divorce. If you or your fiancée were previously married and then got divorced, the divorce is only valid if completed according to the laws of the place where the divorce was filed.

Both you and your fiancée must be able and willing to marry within 90 days of your fiance entering the U.S. Usually, this one is not a problem! However, it is very important that you not use the k1 visa in place of a B1/B2 visitor visa. Some people will apply for a fiancée visa after a partner is denied a B1/B2 visa, without the intent to marry upon the partner’s arrival to the US. This is a big mistake and could have serious consequences for any future immigration petitions. If you and your partner do not intend to marry within 90 days of arrival to the U.S., it is best to wait and not file a K-1 visa petition, or at least speak with an immigration lawyer prior to filing anything.

As the U.S. citizen petitioner, you must be willing and able to provide for your fiancée and convince the government your fiancée will not become a public charge (depend on the government for support). In order to do this, you must provide documentation of either sufficient income, assets, or a combination of both. Here are the official guidelines for 2024.

The K-1 Fiancée Visa Step-by-Step

What is the K-1 visa process?

Now that you know a bit about the requirements for filing a k1 fiancée visa petition, here is an overview of the steps involved in the process. Of course, no article is going to explain the process as well as a consultation with an experienced immigration lawyer. Reading the following will give you an idea of what’s to come and provide you with questions to ask during your consultation.

Step one: Determine eligibility

The US citizen should begin the process by meeting with an experienced immigration lawyer for a consultation. During this consultation, that lawyer should help determine whether you and your fiancée can qualify for a K-1 visa and discuss the potential alternatives if the K-1 visa is not the best fit for your situation. If your fiancée has any minor children, the lawyer should also explain the K-2 derivative visa process for your fiancée’s children.

Step two: Gather documentation

The evidence required to create a successful K-1 visa petition is different in every case. Generally, USCIS requires: valid passport, birth certificate, divorce or death certificate of any previous spouse, proof that you two have met in person during the last two years, proof that you two intend to marry within 90 days of your fiancée’s arrival, and ample proof that your relationship with your fiancée is real.

Once USCIS approves the petition, there will be other documentary requirements for the embassy abroad including a police certificate from any place your fiancée has lived since the age of 16, a medical examination, evidence of support financial support (click here to learn about common affidavit of support mistakes), and additional evidence of your valid relationship. This last item is often the most difficult for individuals to obtain. An experienced immigration lawyer can help you determine what evidence will be the most effective for your situation. Here are some of the common types of evidence used to prove a valid relationship:

Photos of the couple together with date, time, and location stamps
Flight tickets/confirmation for trips the couple has taken
Hotel reservations
Receipts from restaurants
Chat screenshots/logs
WhatsApp/Facebook/Skype call logs
Money transfer receipts
Signed letters of support from friends and family members with a copy of the letter writer’s photo ID

Step three: File the petition & USCIS processing

Once you are satisfied that you have created the best possible K-1 visa petition, you must file your petition with USCIS. You will get a letter in the mail from USCIS when they receive your petition and process the filing fee and again when it is approved and forwarded to the National Visa Center (NVC). If USCIS needs any additional documentation to process your petition or if they think there is a problem with your petition, they will send you a Request for Evidence (RFE). An RFE is a written request to provide documentation for some part of your case. You must respond to the RFE within the required time or your petition will be denied. RFEs can slow down processing and cause delays in getting your fiancée to the U.S. Sometimes, RFEs are unavoidable but the best way to avoid them is by submitting a lot of quality, well-organized evidence to USCIS with the initial petition. NOTE: I meant it when I say well-organized evidence. The officers who review K-1 visa petitions do not want to sift through hundreds of pages of disorganized evidence. If you want USCIS to consider all of the evidence you submit, make sure it is organized in an accessible manner.

Step four: NVC receives the petition

When the NVC receives your petition, you and your lawyer should receive notices in the mail and/or email. At this time, you should log in to the non-immigrant visa application (DS-160) and complete a visa application form for each individual traveling to the U.S. If it is only your fiance traveling, you need to complete one form. If your fiance has any children traveling as K2 derivatives, each child requires a separate form. Be careful when completing the DS-160 form. The consulate officer reviewing your case will have access to your answers. Incomplete answers can cause delays in processing. Making a factual misrepresentation on any immigration form (including the DS-160) is a serious offense that could result in denial of your petition and permanent ineligibility for any U.S. visa.

Step five: U.S. Embassy receives the petition

When the NVC has determined that all the required documentation is included in your petition and you have completed the DS-160, the NVC will forward your petition to the U.S. embassy in your fiance’s country of residence or the closest embassy that processes K-1 visa petitions. To find the embassy closest to your fiance’s place of residence, click here.

At this point, some embassies will prepare a packet of documents and send it to your fiance by mail. Others may call your fiance or contact either or both of you via email. Sometimes, the embassy will do nothing until you or your lawyer contacts the embassy to schedule an interview. Some embassies require payment for the k1 fiance visa proessing (currently $265) before scheduling the interview. Others prefer payment in cash at the time of the interview. To avoid delays in processing your petition, it is very important that you familiarize yourself with the procedures for the particular embassy processing your fiance’s case.

Step six: Documentation for the embassy

Your fiance will need to gather the documents required by the embassy processing the case. The requirements are similar for each embassy but some require additional documents. Here is a list of documents required by every embassy:

DS-160 confirmation page;
A medical check by a physician approved by the U.S. consulate. For a list of the approved physicians click here;
A police clearance certificate or certificate of no arrest for each person over the age of 16;
Fiance’s birth certificate with English translation;
2-4 passport style photographs;
Proof of termination of prior marriages;
Proof of relationship.

Note: this is not an exhaustive list of the documentation required for a k1 fiance visa interview. As mentioned above, different embassies have different requirements. You must familiarize yourself with the requirements of the embassy handling your petition.

Step seven: The interview

On the day of your fiance’s interview, (s)he should arrive at the embassy well ahead of the scheduled interview time. Every embassy has different security protocol and it can take a long time for your fiance to actually get inside and check in. If your fiance has not paid the fiance visa processing fee ($265), (s)he will have to do so inside the embassy.

Preparation is very important for the K1 fiance visa interview. The documentation you provide will influence the consular officer’s decision but so will your fiance’s answers to the officer’s questions. Make sure to review common interview questions with your fiance prior to the interview. If you are nervous about your fiance’s level of preparation, consider hiring an immigration lawyer to help prepare your fiance for the interview. An experienced immigration lawyer will point out the weak points in your fiance’s answers and better prepare him/her for the consular officer’s questions.

Providing everything goes well in this interview, the consulate will either approve the K-1 visa immediately or send it out for further administrative processing. Administrative processing usually means the consulate needs more time to review all of the evidence you provided before making a final decision. Depending on the consulate, your fiance may be able to pick up his or her passport with the visa in person or may need to have it delivered through a courier service.

Step eight: Travel to the U.S.

Your fiance may now travel to the United States using his/her K-1 fiance visa! At the port of entry, (s)he should present this visa to the immigration officer. Your fiance should travel with a letter prepared showing your name, address, and contact information. This is important because U.S. Customs and Border Protection will want to know where your fiance is going and who will be there. Your fiance may not remember all of the details after many hours of traveling or may not be able to effectively communicate those details in English. Presenting the border officer with a concise letter is much easier.

Step nine: Marriage

Once in the U.S., you and your fiance should apply for a marriage certificate together. You have 90 days from the day your fiance entered the U.S. to get married but it is best not to wait until the last minute. Remember, you must marry within 90 days of your fiance’s arrival. If you decide not to marry, your fiance will have to depart the U.S. within those 90 days or risk violating U.S. immigration law.

Step ten: Adjustment of status

After getting married, your fiance will have to adjust status to conditional permanent residence. This is the process of changing from non-immigrant status (like a K-1 fiance visa holder) to immigrant status (permanent resident).

Good luck and thanks for reading!

May 13 2017

4 Most Common Affidavit of Support Mistakes

Cole Affidavit of Support, English, Family Visas

It is very frustrating to have your family visa petition held up at the National Visa Center because of mistakes in the I-864 or I-134 Affidavit of Support. This post will help you avoid some of the most common errors. Good luck!

1. The Wrong Form

Generally speaking, the I-864 is for immigrant relative petitions (like an I-130) and the I-134 is for non-immigrant petitions (like an I-129f). Make sure to use the correct affidavit of support for your petition type! Using the wrong type of affidavit of support can seriously delay processing in your case.

2. Not Enough Forms

If you are filing multiple I-130 petitions, you need a separate I-864 for each person! You cannot include all your relatives on one I-864 affidavit of support. For example, if you are petitioning for your wife and daughter with two, separate I-130 petitions, you most likely need to file two, separate I-864 affidavits–one for each of them.

3. Not Enough Income

To sponsor a someone for a visa, you have to show the government you make enough money. Click here to see the income guidelines. If you do not meet the income requirement, you can try to use assets in addition to income or get a co-sponsor. Remember, if you choose to use a co-sponsor, you still have to file an I-864 and your co-sponsor needs to complete a separate I-864.

4. The Wrong Documentation

The instructions for the I-864 and I-134 affidavits explain what documentation you need to provide with each form. Make sure to provide a copy of your most recent tax returns or tax transcript. You can order tax transcripts from the IRS for free . You will also need to provide proof of US citizenship or permanent residence and proof of employment. Make sure to check the instructions (I-864, I-134) for other documentation requirements for your particular petition.