K-1 Fiancé(e) Visa

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DS-160

Online Nonimmigrant Visa Application (DS-160)

 

Required Documentation

You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your intervew. 

A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).

Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor

Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)

Medical examination (vaccinations are optional, see below)

Evidence of financial support (Form I-134, Affidavit of Support, may be requested)

Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements

Evidence of relationship with your U.S. citizen fiancé(e)

Payment of fees, as explained below

Note: The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

Proof That You Intend to Marry

Your plans to actually marry are a crucial part of showing the you qualify for a K-1 fiance visa. Some possible documents to present to USCIS with the visa petition are:

copies of cards and letters between you discussing your marriage plans

copies of phone bills showing that you called each other

wedding announcements, and

evidence of other wedding arrangements (such as a letter from the judge or religious leader who will perform the ceremony, contracts for food catering, photography, rented chairs, dishes, or other equipment, flowers, and musical entertainment).

receipts for engagement and or wedding rings.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants.  Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Fees

Fees are charged for the following services: 

  • Filing an Alien Fiancé(e) Petition, Form I-129F
  • Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
  • Medical examination (required for each K visa applicant; costs vary from post to post)
  • Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
  • Filing Form I-485, Application to Register Permanent Residence or to Adjust Status

For current fees for Department of State, see Fees for Visa Services. For current fees for USCIS, see Check Filing Fees on the USCIS website.

Rights and Protections - Pamphlet

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé(e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.

How to Prepare for Your Consular Interview

 Preparing for Your Interview

The key to a smooth interview is preparation. If you haven’t looked at the forms we have sent to the government in a while now is a good time to look at them.  Please let us know if there are any changes or corrections that need to be made.

What to Review

In order to prepare for the oral part of the interview, your most important homework task is to review your paperwork. Look at the questions and answers on every form that you’ve submitted or that has been submitted for you, including the ones filled out by your U.S. citizen fiancé or spouse. Though they seem to contain only boring, dry bits of information, this information is loaded with meaning to a consular official. The dates of your visits to different places, the financial figures, and your immigration history can all add up to a revealing picture in the official’s eyes.
After you’ve reviewed your written work, spend some time with your fiancé reviewing the facts and circumstances surrounding your relationship, such as where you met, how your relationship developed, how you’ve corresponded or visited and when, and why you decided to get married.
If you’re applying for a fiancé visa, be ready to explain your plans for your wedding and subsequent life together. If you’re already married, recall what occurred at your wedding and how you settled into your marriage. The officer will ask you about these details in order to test whether you are truly establishing a life together, not just committing a fraud in order to obtain a green card.

What to Wear

The interviewing officer’s decision rests almost entirely on whether he or she believes that you’re telling the truth. You’ll come across as more sincere if you’re dressed neatly, professionally, and even conservatively. Avoid T-shirts or jewelry with slogans or symbols that might make the officer wonder about your lifestyle or morals. We suggest that you dress as if you were going to visit your grandmother or church. Think about what you’ll wear to your interview earlier than the night before, so that you’re not up late with your ironing board.
Sample Interview Questions

These are sample questions to help you prepare for your interview, whether it’s a consular, adjustment of status, or marriage fraud interview. Remember, there is no guarantee that the interviewer will ask you all or any of these questions (though many of them are drawn from actual interviews). But these should give you and your spouse an idea of the types of questions that may be asked.

1.       Development of Your Relationship

  • Where did you meet?
  • What did the two of you have in common?
  • Where did you go for dates?
  • When did your relationship turn romantic?
  • How long was it before you decided to get married?
  • Who proposed to whom?
  • Why did you decide to have a [long, short] engagement?
  • Did your parents approve of the match? Why or why not?

2.      Regular Routines

 
  • Who gets up first? At what time?
  • How many alarm clocks do you set in the morning?
  • Who makes breakfast?
  • What do each of you eat for breakfast?
  • Does your spouse drink coffee in the morning?What do they put in their coffee?
  • What time do the working spouse or spouses arrive home?
  • Who cleans the house?
  • What day is your garbage picked up?
  • Who takes care of paying the bills?
  • Do you have a joint bank account? Where?
  • Do you have any pets? Who feeds it? Who walks it (or cleans its kitty litter box, cage, etc.)?
  • Do you and/or your spouse attend regular religious services? Where?Where do you keep the spare toilet paper?

 

3.      The Cooking

  • How many times a week on average do you eat out?
  • What is your favorite restaurant for special occasions? For weekly outings?
  • Who does most of the cooking?
  • Who does the grocery shopping? Where?
  • Is there a particular food that you eat every week?
  • What is your spouse’s favorite/least favorite food?
  • What color are the kitchen curtains? (questions on colors are not asked very much anymore)
  • Do you have a barbecue grill? Do you use it?

4.      Other Family Members

  • Have you met each other’s parents? (very common)
  • How often do you see each other’s parents?When was the last time you saw them? Where? For how long?
  • On important holidays, do you buy individual gifts for your parents-in-law? Do they buy individual gifts for you?
  • How do each of you get along with your parents-in-law?
  • Which other members of your spouse’s family do you see frequently? When was the last time you saw them? What did you do together?

5.      Home Technology

  • How many telephones are in your house? Where are they?
  • Do you have an answering machine on your telephone? Who checks the messages?
  • How many televisions are in the house? In which rooms?
  • Do you watch shows together, or separately?
  • Name one show that you always watch together.
  • Do you record any television shows? •
  • Do you subscribe to a DVD rental service?
  • Does your spouse listen to the radio? What station?
  • How many cars do you have?
  • Do you have a garage? Who parks in it? Do you use a garage door opener?
  • Do you have a camera? Who uses it most often? Who takes pictures at important family occasions?

6.     In the Bedroom

  • What size is your bed (Twin, Queen, or King)?
  • Do you have a regular mattress, futon, or waterbed?
  • How many windows are there in your bedroom?
  • What color are your spouse’s pajamas?
  • Who sleeps on each side of the bed?(give a point of reference)
  • What form of contraception (birth control) do you use?
  • Where do you keep your toothbrushes?
  • What kind of toothpaste, soap, and shampoo does each of you use?
  • Do either of you read or watch television before going to sleep?
  • Do you have lamps next to your bed?
  • Have you ever had an argument that resulted in one of you sleeping in another room? Who, and which room?

 

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed.

Ineligibilities for Visas

Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.

How Long Will It Take to Get My K Visa?

For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.

Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.

After You Receive a K-1 Fiancé(e) Visa

If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas.

With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Entering the United States - Port of Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Adjustment of Status, Working in the United States, and Traveling Outside of the United States

Information for K-1/K-2 visa holders about adjustment of status, permission to work in the United States, and travel outside of the United States is available on the USCIS website under Fiancé(e) Visas.

How to Apply for a Social Security Number Card

To learn about applying for a Social Security Number Card, visit the website for the Social Security Administration.

When You Are a Permanent Resident

Coming to the United States to live permanently, you will want to learn more about your status as a Lawful Permanent Resident. See Welcome to the United States: A Guide for New Immigrants to review information on the USCIS website about living in the United States.

 

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IRS Tax Transcripts

Please get the last three years of Tax Return Transcripts

 

Statement of Intent

This letter is from each of you to USCIS showing your intent to marry

 

Free E-Book Visas & Green Card For Your Fiancee or Spouse

The fiancé(e) visas and green card process are absolutely critical for you to know and understand, because these are the processes that will allow or keep you from bringing your loved one to the United States.

 
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