The 5 questions you should ask in your K-1 process
Surprisingly, most K-1 applicants don’t know the answer to these top 5 questions. Knowing them helps you to be confident in approval. See what you’ve been missing.
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It’s good to have tons of questions about your K-1 visa process. You know why you should be asking, reading, and researching everything possible about your fiance visa?
The biggest reason: the more you know, the better decisions you make.
Let’s me share a story so you truly understand.
I once talked to a reader who just filed his I-129F petition and began planning a honeymoon. He wanted to make it “perfect”. And spent days figuring out the trip: hotels, activities and great restaurants. He even asked his boss for vacation time booked all sorts of venues.
He was utterly shocked and depressed when I brought up typical timelines for K-1 process. It’s unpredictable. And it may take up to 10-12 months. He decided to cancel his bookings, and instead, take a flight to spend a week with his fiance in Europe. Then they would wait and see how the case unfolded.
Which was a smart thing to do because his fiance wasn’t approved until 8 months later. If he stuck with his original plan, he would’ve sadly wasted time, money and missed an opportunity.
So, it’s really important to know about the K-1 process. Even knowing just the basic details save you a lot of headache. And also make the difference between success and failure.
We’re going to talk about the top 5 things you should know about your K-1 process. Click to share this with your fiance or friends on Facebook or Twitter
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Question 1
How does the fiance visa work? What is it all about?
Let’s say you, a US citizen, have met someone you really like. It could’ve been anywhere in the world. You could’ve even met online before meeting in person.
If you two decide to get married, one of your options is the fiance visa. It allows your foreign fiance(e) to marry you and live in the US. Following which, he/she applies for a Permanent Residency – Green Card (I-551).
The big advantage in the K-1 process compared to other options is that you don’t have to get married in a foreign country, or have any formal ceremonies, and the process is relatively quick. The last reason is why people prefer this visa.
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Once you’ve decided the K-1 is right for you, check eligibility requirements before you begin. We can break the overall process into three different stages.
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Petitioner submits I-129F petition
After you’ve met in person, the US citizen’s first step is to submit the I-129F petition for an Alien fiance. This is your way of telling immigration services that you’ve got a fiance you want to bring to the US. The I-129F is a formal submission package of necessary legal documents, forms, and evidence of your relationship.
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USCIS processes case
The United States Citizenship and Immigration Services (USCIS) is in charge of reviewing your I-129F petition. They “process” your case to see if you meet eligibility requirements. They can only approve your case — not actually grant a visa. After approval, they forward your case to the Department of State (USDOS).
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NVC and US Embassy process Case
Your approved I-129F petition is reviewed by the National Visa Center (NVC) and then sent to a US Consulate / Embassy / Post. Both review eligibility requirements and make sure that your fiance is eligible for a US visa.
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The foreign fiance applies for a K-1 visa, submits paperwork and undergoes a medical exam. The final step is the K-1 visa interview at an Embassy where a final decision is made by the Consular Officer.
If all goes well at the Interview, an approval grants your fiance a K-1 visa to travel to the US and marry you. Within 90 days of arrival, you two must marry. A denial means that something was wrong in your case and you won’t get the visa.
That was the simple version of the story. There’s a huge deal more we can talk about. But, now that you know the overall sequence, let’s talk about approvals and denials.
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Question 2
What are my chances of K-1 Fiance Visa approval?
What worries most couples is the fear that their visa will be denied or at least severely delayed.
This is understandable because we know that US visas are difficult to obtain. Especially from the horror stories you read online. Then also due to political issues you see on TV and how President Trump is harsh on immigration.
K-1 visa denials or rejections can actually happen at two different stages.
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I-129F stage
When the I-129F petition is being reviewed. The US petitioner is checked for eligibility and paperwork. If there’s a problem, a (NOID) denial may happen. Common reasons for denials are missing documents, Petitioner’s criminal history, or not meeting requirements.
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K-1 visa interview stage
This is where denials often happen. The K-1 interview is where an officer evaluates the entire case, interviews the beneficiary face to face and makes a final decision. If paperwork is incomplete or there’s suspicion of a fraud relationship, the visa is denied.
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So, if you’re wondering what cause denials, here’s the list of 4 factors that determine the success of your case:
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Inadmissibilities or Ineligibilities
These are things that prevent you from applying for a visa — such as immigration violations, banned from the US, some criminal history, etc. Other times, it means you cannot be approved for a visa — such as not enough financial support or no bona fide relationship.
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Meeting requirements
You have to meet requirements not simply “try your luck”. If you don’t meet requirements — such as the 2-year meeting rule or income — you won’t be approved. This sounds simple enough, but you’ll be surprised how often this is the reason for rejection.
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Red Flags
Your goal is to demonstrate that you two are a genuine couple. Prove that you want to marry due to love not a Green Card. What “Red Flags” does your case have? Age difference, language barriers, etc. Address them before the interview.
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Understand the process
Being educated about what’s going on will make the difference between a pleasant journey or an excruciating one. Good knowledge helps you look forward and prepare for all steps. By reading this today, you’re understanding the process.
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Question 3
How long does it take to get a fiance(e) K-1 visa?
Simple answer: it varies for everyone. No case is handled and processed at the same speed. A variety of factors can slow it down.
Surprisingly, even similar cases submitted at the same exact time can have dramatically different timelines. So, realistically speaking, you can only predict a range of possible processing times.
Funny, the K-1 visa process was designed to be a quick replacement to the waiting time spent for typical spousal visas. But in reality, it doesn’t always turn out to be quick (as you’ll see in the timeline).
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Take a look at the timeline of major steps in your K-1 process
USCIS processing
This is the most unpredictable. No telling when the USCIS will process your case. It depends on how backlogged they are. Typical times range from 1 – 6 months. Yes, really… up to 6 months just to get to your case.
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NVC processing
The NVC processes K-1 cases at a steady 4-5 weeks overall. This has been pretty consistent over the years. However, you shouldn’t worry if it goes slightly above it a few weeks.
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Embassy Processing
The Embassy/Consulate can also have several weeks of backlog from other applicants. Most Embassies give you an appointment 1-2.5 months after your case reaches them.
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If you did the math already, you see your total waiting time can range anywhere from 3-10 months. You can read a detailed breakdown of the K-1 process timeline complete with predicted times for each procedure.
When things go wrong in your case, it adds multiple weeks to your waiting time. For example: a bad submission packet, RFEs, problems in medical exam, etc.
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Question 4
Can my fiance(e) visit me during K-1 processing?
Are you newly engaged and wondering: is he/she allowed to visit you in the US during fiance visa processing?
That’s a difficult question to answer with certainty. Even with a legitimate US visa, you may still have trouble entering the country (US). Let me tell you how it can turn out to be an issue.
Remember a visa is intended for a particular purpose. A K-1 visa is for a foreign fiance to enter the US and marry within 90 days. An exchange visitor (J visa) is for exchange students and such. A tourist visa (B-2) is intended for tourism.
If you use a particular visa for an unrelated reason… well you have a problem. It’s called “visa fraud”. And it’s a crime. This is the biggest potential problem when visiting your fiance in the US. You don’t want to be accused of visa fraud if you decide to stay in the US and marry your fiance(e). The US Customs Officers are on the lookout for that.
There are generally two scenarios here:
If your foreign fiance already has a US visa or under ESTA (VWP)
Likelihood of denial at a Port of Entry can depend on the type of visa. If it’s just as a tourist — there might be a rejection because it can be perceived as a deceitful way to enter for marriage. If it’s another visa (let’s say P because he/she is an athlete), then it’s less likely there will be a rejection. Because the foreign fiance is coming due to a reason. Not simply tourism which is easily abused.
ESTA (VWP). You must prove you will not marry and stay in the US since you have a fiance in the country. It’s hard to tell how the Customs officer will perceive your intentions of entering the US. If you’ve already been making frequent trips to the US under ESTA (VWP), it may be a Red Flag.
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If foreign fiance doesn’t have a US visa
Your fiance can apply for a nonimmigrant visa (if required for a particular purpose, example: J, O visa, etc.) if there is a legitimate reason for it.
If he/she applies for a visitor visa (B-2), well expect it to be tougher. You will need to prove that you’re not coming to marry and stay here. There’s no way of predicting if your visa request will be granted or denied. Even if it’s granted, there’s no guarantee that you will not have trouble at the Port of Entry with Customs.
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Question 5
How much does it cost?
The entire K-1 process will run you several thousands of dollars (USD).
It’s not just filing fees that you have to pay. Consider all the paperwork you gather — like police certificates, passports, medical exams, etc. Not to mention traveling for these documents, hotels, and airline tickets once you actually have the visa.
But it doesn’t stop there. After marriage in the US, you have to file for Adjustment of Status — which alone costs $1,225 dollars.
Here’s a more comprehensive breakdown of costs.
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Again, the major costs are associated with the big three: Form fees, traveling (airlines), and Adjustment of status. For a detailed explanation see the k-1 visa cost page.
Overall, it’s likely you will pay about $3,000 – 5,000 USD including Adjustment of Status. If you hire someone to help you, it will add much more.
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You’re already more knowledgeable than most K-1 applicants
Knowing this much of information puts you way above most others or those who make bad decisions.
Now you’re more confident because you understand the different parts of the puzzle.
Remember the story from the beginning? The one with the reader who booked his honeymoon? You don’t want to end up depressed like that if you had to cancel everything.
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Recent Comments from readers…
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Is it compulsory to write a love story (how we met) for the K1 visa application?
Hello Mark,
Circumstances of meeting is a good way to show the USCIS how you and your partner met.
It’s strongly advisable to write them a detailed letter of how everything started with both of you. Dates, venues, people you happened to meet in common, time spent with each other’s family members (if that’s the case), all this counts.
Here’s a guide for you:
https://www.visatutor.com/i-129f-54-or-34a-circumstances-of-meeting/
-Cris (Visa Tutor Team)
Hello there,
My fiance and I have been together almost four years. We started the K1 visa process over a year ago. HIs interview and medical exam were October of last year (2018). In his medical exam, he admitted to using marijuana in the past and was put a one-year ban and given a date to return to redo the medical exam. Do you know anything about this? Will he have to redo the interview as well? His interview went perfectly and the consulate said the medical was the only problem. We have been trying to prepare but haven’t met anyone who had experience with this.
Thanks in advance!
Hello,
My partner is from Mexico, I am a U.S. citizen. He is planning to come to the U.S. to visit for a month this summer (already has both departure and return flights booked), and we planned on submitting the I-129F at that time… I know that once you have submitted it, it is not recomendable for the foreign fiance to come to the U.S. while it is being processed. However, I am wondering if it is okay to sumbit it while he is here? Or will that cause any sort of issue?
Thank you!
Hello Suzanne,
If your fiance is in the US while you fill out the I-129F, then it’s a matter of just disclosing that information to the USCIS in your application. There’s a particular question (38) which asks you to explain that. Other than that, there’s no legal reason to worry about your fiance being in the country while you petition for his I-129F. Hope this helps!
-Prem
Hello my fiance just received his k1 visa it says it was issued on May 21st and expires June 12th from the same year could this have been a mistake? why would it only be valid for 22 days?
Hello Elizabeth,
Thanks for writing. Hmm, well it could be a mistake or it could be intentional.
Normally K-1 visas are valid for 6 months, however, if there is some sort of medical Class B condition, then the visa may be valid for much less. Does your fiance have any medical class noted on the visa?
The other possibility is that it’s a mistake. If that’s the case, you should immediately reach out to the Embassy and ask them to fix it. They are probably going to take the passport back, print a new one and send it back to you.
The best thing is to reach out to them immediately and find out for sure.
-Prem
Hi Prem,
Is it necessary to submit the birth certificate during the K1-Visa Interview as they mentioned mandatory in the checklist. And also can you please tell me how the medical examination works in India?
Hello Shany John,
Yes, civil documents such as birth certificates are required for the interview. If you follow the checklist from the US Embassy in Mumbai, you will get their list of required documents.
Regarding the medical exam, it works the same way as it does worldwide. You will get an examination from an approved physician and bring that report with you to the interview. There’s plenty of guidance and details on this website about it. Feel free to browse and research.
Hello. I just want to ask if you have any idea on how to obtain a police certificate from the US? I was in the US for a year because I was a J1 intern. I read that a police certificate is required if you lived in another country for more than 6 months. Thank you so much
Hello,
A US Police clearance certificate isn’t required for your K-1 visa interview. You may have read that from the K-1 visa instructions sheet. The fact is that they’ve already conducted background checks on you in the US when you were petitioned with the I-129F.
-Prem
Hello,
My fiance and I have been going through the Fiance process since last May and he has his interview scheduled for April 17th. (Yay!!) I have already filled out the I-134, but was contacted for a job interview yesterday. I would really like to take a new job, but is this frowned upon and discourage the visa? I know when you are buying a house it is always good not to witch jobs, but I was wondering if I am go from my current position directly to a new position, will this hurt us? Thanks for any advice.
Kaylee,
That’s a fairly common question. Switching jobs in the middle of the K visa process isn’t a bad situation. As long as you can provide some supporting information, you should be able to convince them of the details. You can read all about it here
https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/
-Prem
Hi , I,m a British citizen going through the K1 visa process , all going ok DS-160 completed , police certificate done , medical booked , interview not yet , waiting for a medical summary from my GP to take to the medical , once I have this was thinking should be ok to book my interview allowing time for the results to be forwarded to the London US embassy? , coming to my point I had one moment of panic after submitting my DS-160 I noticed it was a non immigrant visa application, my letter says immigrant , but everything led me to the DS-160 , so I called the help at the embassy, gave my case number etc, the guy told me this was right BUT I should also fill form DS-260 , I’ve read the process inside out and nowhere does it say to fill both forms ? Any thuoghts , thanks Tony
Hey Tony,
No, you didn’t make a mistake. The DS-160 is for non-immigrant visas and technically the K-1 visa is a non-immigrant one. The DS-260 is the immigrant visa application and it’s not intended for K-1 visa applicants. The reason for the confusion is because most Embassies categorize the K-1 as an immigrant visa (because it ultimately leads to permanent residency) even though technically they process it as a non-immigrant.
So, moral of the story: The K-1 visa is non-immigrant but many of the steps you have to follow are also the same for immigrant visa petitioners. The DS-260 is not one of those steps.
-Prem
Hi Prem! I have been reading all your posts to calm my anxiety. Sometimes it works.
I have a flight ticket to visit my fiancee in march. We filled the I129 in october, so I am worried that the inmigration officer will not let me in.
On my side I have:
– a job as a sales manager, I have been there for 6 years, and still counting
– Financial obligations, I owe money to the bank
– A flight ticket for my fiancee to visit me a month after a visit her
Do you think that this information is sufficient to let them know that my intentions are to honor the tourist visa?
Also I have a track record of entering US 3 times a year since 2014 and never ever overstaying.
Thanks in advance
Hi there, I hope you can help me with a few worry some questions.
My fiance has an immigration lawyer handling our case but she insists I get the Fiance letter of intent notarized, yet everyone says its not necessary.. I can’t seem to move forward without some sort of answer, and no she hasn’t gotten back to me. I’m the beneficiary BTW.
Medical history does this need translating as I live in the Netherlands, obviously my info would be in Dutch.. Would cost a small fortune to get translated.
Can’t seem to find anything online stating this.. Would make sense to be translated
Hope you can help
Hey Nicola,
The fiance letter of intent to marry doesn’t have to be notarized. You can read all about it here including how to write it with a template: https://www.visatutor.com/i-129f-evidence-of-intent-to-marry/
In terms of the medical report, you do not have to submit this with your I-129F. It’s required for the K-1 visa interview (much later). You can find out about the medical exam her: https://www.visatutor.com/fiancee-k-1-visa/k1-visa-medical-exam/
It may or may not have to get translated depending on the specific rules of the Embassy. Some require translations, others don’t. You can search the USembassy.gov website for specific instructions. It’ll say there how they accept documents.
-Prem
My Fiancee is from the Philippines but is working in Dubai. How will the embasy interview work. Will she have to go back to the Philippines for the interview or cna she do it at the embasy in Dubai?
Hey Mike,
During the NVC stage you can request them to send your case to a particular embassy. Your fiance may or may not have to travel back to her country for the interview.
-Prem
I am looking into starting the K-1 process. I met my fiance the summer of 2018 and we have met in person 3 different times for 10-14 days each visit. I spoke with an immigration attorney on the phone who said we have to have known each other for 2 years in order to get a fiance visa (We’ve known each other for 5-6 months). From what I’ve been reading, this doesn’t sound right?
If there is 12 years difference between our age, is this a red flag?
Will attempting to get a tourist visa so she can visit the US, and if she is denied this tourist visa, hurt the K-1 process?
Thanks
Hey Joe,
Thanks for reaching out. What your attorney has said is incorrect. You don’t have to know each other for 2 years. The requirement is that you must simply have met your partner face to face within the last 2 years. That’s regardless of the length of time of your relationship.
The age difference issue is a very important one. I’ve written much about it. I invite you to read it here https://www.visatutor.com/big-age-difference-a-k-1-visa-red-flag/
If your fiance tries for a tourist visa, it usually doesn’t harm your future K-1 visa. You can read all about it here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
Hi,
My fiance lives in Morocco. We met online in February of 2015. I visited him for 9 days in March of 2016. I filed for our K1 visa in November of 2017. Our case was accepted here then sent to Casablanca, Morocco US Embassy. His initial interview was scheduled for August 30, 2018 but 2 days before the interview the embassy called him and rescheduled his interview for October 12, 2018 which happened to be after our visa application expired. When my fiance brought this up to the guy that called him he was told not to worry about that. He didn’t think it was really the embassy calling him so he traveled 3 hours to Casablanca for the first interview date and when he arrived he was told by the person at the front desk that his interview was changed so again he brought up about our visa expiring before the next interview date and was again told not to worry about that. When he went for his 2nd scheduled interview he ended up being denied for the visa. The guy that interviewed him kept asking him how many days we spent together in Morocco and that’s all he based the denial on. At the end of the interview he handed my fiance a paper that just said that the case is denied and its being sent back to the NVC but did not say what the denial reason was. I contacted a lawyer immediately after the denial but he told me that since our application had already expired there was nothing he could do to help us then said that we had a few options… 1.) Either start all over which means I would have to come up with a lot of money again to travel back to Morocco because every time he filed for a tourist visa to come here he gets denied or 2.) End the relationship completely. Obviously after dedicating the last 3 years of my life to my fiance I’m not just going to give up on the relationship but I also dont have the funds to go back to Morocco either. I also called the NVC after our denial but I was told that they didn’t have any of our information in their computers and to call them back in 90 days or wait for a letter from them. We are both at a loss with this and we don’t know what to do anymore.
Hi Stacy,
Thanks for sharing your experience and I must say it’s not easy to go through something like that. Couples of things: yes, it’s true that your I-129F approval can be extended so the “expiration” date is not a big deal (as the Embassy alluded to several times). So, the I-129F expiration had nothing to do with the interview or the results.
Secondly, the lawyer you spoke to is mistaken about the expiration date having anything to do with denial. If the I-129F expires, it doesn’t affect anything about what your future options regarding trying again, appealing, or asking for a waiver.
Third, when a case is denied (I’m assuming the officer handed your fiance the 221(g)), then it’s given back to the USCIS, not the NVC. So, I doubt the NVC has your revoked case nor would they know anything about it. You must contact the US Embassy and ask them the status of your case. Then you can contact the USCIS and ask about the revocation. Better yet, check the CEAC status, first.
Overall, I suggest you drop the last K visa attempt as it was doomed from the start considering you had only met a few days several years ago. For now, consider building your “resume” with several meetings, meeting family, vacationing, and spending many days together. Yes, I know it’s a huge expense but if you don’t do this correctly, it will fail again. You’re free to try again anytime when you think you’ve got sufficient evidence built up again.
Again, the USCIS, NVC and US Embassy wash their hands after your case is approved or denied. So, it’s useless to try to get anything out of them if they don’t want to respond. If you have further questions, email me.
-Prem
Hey!
First off, this website is great and thanks for updating it so frequently.
My question is, do I need to wait till I hear from the consulate before scheduling an interview?
Yesterday, I received notification that our application was being sent to the consulate and we received our case number. I believe we have all of the info to schedule an interview and I am hoping to get a leg up on the process.
Would this be a problem? Would our interview date be denied if the consulate hasn’t received it yet? (The next available interview date isn’t until January so I suspect we will receive notification before then)
Thanks in advance!
Hey Taylor,
First off, congrats on the approval. Secondly, once you’ve gotten the approval notice, you can check the CEAC status. Check where you case is right now and you will know whether you can start the process or not. I suggest you follow this guide on the rest of the process https://www.visatutor.com/steps-129f-fiance-visa-petition-approval/
In addition, how did you know if there’s an interview date not available? keep in mind that K visas are not treated as nonimmigrant, so don’t base it on a tourist visa schedule.
-Prem
Hi Prem!
My fiancé and I have submitted the I-129F and just received our receipt # just last week. We are now really dreading the waiting period, but I’m getting a bit concerned reading the other comments. Are we not allowed to visit each other once (if) the visa gets accepted? During the waiting time for the NVC’s approval and interview stage?
Hi Addie,
As you’ve just read above, you’re allowed to visit the US as long as you have a valid visa or ESTA, however there’s a potential to be denied entry if/once you’ve got an active I-129F petition going. Think about it this way, by submitting your I-129F, you show your intent to immigrate to the US. Customs/Border Protection want to be sure you won’t stay and decide to marry on a tourist or ESTA. That’s why you may see some hurdles in entry at immigration.
If there’s an denial of entry by Customs, it generally doesn’t negatively affect the K visa interview as long as there’s no inadmissibility (violation). You can read all about that here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
Hope this helps, Addie
-Prem
In one day, all four remaining appointments for December seem to have disappeared at the US Embassy in Ankara. I saw nothing available after that in January of February, if I remember right, and then it suddenly stopped. Our Petition expires January 13th- I’m getting really scared here that I’ll have to start all over but I hear that validity can be extended. What should I do?
Hello Alex,
That’s a common occurrence. Appointments are made, revised, canceled, etc. So you may not see an opening for several days. But you must keep at it and check everyday for an opening. In any case, don’t worry about the I-129F expiration. If you fear that your I-129F will expire by the time you have the interview, you must contact the US Embassy and request them to “re-validate” your I-129f approval. I’ve detailed the steps here Re-validate & extend your expired I-129F
It’s as simple as writing them an email. Check out the above link and you’ll know exactly how to proceed.
-Prem
Hello!
I got engaged 5 days ago with my US fiance (yaaay!) we have been dating for around 3 years. But not yaaay because now i have a goosebumps bumbs and sad face reading about long procedure for fiance visa , as this is next step we will do!
My questions are:
1. I currently live in Malta . There is U.S embassy but as i read on their web site they do not proceed any visas. And nearest embassy for that is in Naples, Italy. Should we mention Malta as place where i apply for visa in petition? Because i think it is up to them to decide which embassy i will need to attend ?
2. How strict things are with addresses? As i have lived in multiple addresses over 5 years ( as I travelled and worked a lot in Europe) should i list alll ot them ? Or it’s enough one per country? For example in Ireland over 2 years lived in 4 different addresses but it is impossible for me to remember all of them now.. but i do remember one (last one).
Looking forward and thanks for everything you do!
Hello Margo,
Congratulations.
1. Yes, you must check the USEmbassy.gov website to see which one processes K-1 visas. That’s the one you’re going to write in your I-129F petition form. Indeed, the embassy is decided by the NVC but it’s almost always the closest one that processes K visas. So, most likely it’ll be the one you mentioned.
2. Sometimes the addresses detail becomes an issue, other times not so much. The official requirement is all your addresses within the last 5 years. If you cannot remember all the details, you will have to provide your best guess. In my I-129F step by step course, I teach you all about that (check it out if you’re interested).
Thanks for reading my website. Good luck in your journey
-Prem
Hello, thanks for all this important informations, my fiancé fill the k1 petition n gets approved from USCIS on October 3rd 2018 n after waiting for a month he checked to NVC the nvc contact person replied that the send it back to USCIS n he never mentioned the reason n after he heard that he contacted the USCIS contact person they say once it’s approved its. It gonna come back there, so to wait more to NVC, we are super confused right now… wat can we do about this is it common for NVC to send it back to USCIS? Looking forward to hear from you… thanks a lot once again
Hi Kukusha,
No, it’s not common for the NVC to return the petition to the USCIS. I’m not sure what the problem is but I suspect it may be an administrative issue unrelated to the merits of your case. If I were you, I probably wouldn’t worry about it, but you should still keep tabs on the NVC and call them periodically to get any updates. I’m sure they will get the petition in a few days and continue processing.
-Prem
Hi!!!!!
My fiancé submitted our I-129F on August 10th and we received our NOA-1 on the 16th, since that day we’ve been waiting.
My question is, my fiancé is starting a new job next week, and he will gain more than the poverty line stated in a household of 3 (he currently has one dependent and then he will have me), is this job enough? or he’ll have to show evidence of the other jobs he’s had this past months of 2018???
Can you give me some info about it? What documents does he have to present? A tax form, or a job’s letter to prove he meets this income.
Thanks so much
Hello Ray,
It’s very common to get hired, fired, promoted, quit, etc. during the K-1 visa process. It’s not required to have a job as long as your fiance can get a joint sponsor. If he’s recently hired, he can show evidence of his new job/employment to meet his criteria for the I-134. You can read more here about whether you need a job for the K-1 visa.
In addition, you should check out tip # 3 here at top I-134 form tips
-Prem
Hi…
My fiance in US applied the K1 visa for me. I am single mother of 8 and 5 years old. We are not going to bring the kids with us. I have 2 questions:
1. Should I declare to the embassy that I have kids? If yes and I didn’t declare, would the embassy know that I have kids?
2. If I declare that I have kids, will my fiance know about it? He don’t want me to declare them.
Please help me clarify this. Thank you so much and God bless.
Hello Kaye,
1. You have to declare that you have children regardless of if you want them to apply for a K-2 visa or not. They ask for this information in your i-129F and your DS-160
2. The US petitioner will list the children in the I-129F petition. This doesn’t necessarily mean that they will also get a K-2 visa. It’s just for information. So, there’s no harm in declaring them.
Also for K-2 visa children, certain steps are different (hows-the-process-different-with-k-2-visa-children).
You also have the option of following-to-join
-Prem
Hello. My visa was granted Thanks to Prem. I’ll share my experience here.
1) First of all you need to be prepared. Read articles Upon articles so you know every angle of the fiance visa.
2) Get your surpoting documents ready long before your interview so you dnt get mixed up towards ur Interview.
3) Practice to answer questions of all kinds cz you never know what the consular officer will ask.
4) Don’t lie at the interview esp if you’ve applied before.
5) Be confident
This is how my interview went on. On my interview day I went to the embassy. Unfortunately / fortunately I met this strict lady. Probably one of the oldest consulate worker cz she was training other Officers. She asked me how I met my fiancé. Wen I told her the story she didn’t believe me saying she has heared that story before twice dat same day and she said if I dnt tell her the truth she won’t give me the visa. I told her the same story. And she asked abt my fiancé son then denied the visa saying she doesn’t believe me. I stepped out carrying a big yellow paper and crying and begging. Called my fiancé and he was devastated. Just while I was on the call with him, the embassy called me saying I should come the next day. I thought I forgot some documents since I left In tears. Got home and all my dreams were shattered, my future family, our court wedding, etc all was in vain. The next day I went to the embassy and this same lady interviewed me. She said she’s been an officer for years and ple lie a lot. And maybe I was a victim but she thought of calling me back. She asked me questions like a normal interview with no stress xz she asked me to relax. Here were my questions. They were many than normal but because I was prepared I answered all with no fear.
What does your fiance do
Where does he work
Where did he go to college
What did he tell you abt studying in America
Does he live in a hse or appartment
What does his dad do.
Where is his mom
What abt his siblings
What are ur wedding plans
Who will attend the wedding
Do you hv family in America
Will they attend
How many kids do you want to have
What do you parents think about you getting married in America
Will ur fiance son live with you
Wen u go to America where will you live
Will you go to skull Wen you go to America (please say no. Your main priority is to get married start your family and support each other)
She asked for my passport and told me Wen to come collect my visa. My questions were really many and she asked all of them while smiling and complimenting my fiancé. Please you hv to be prepared. Cz if I didn’t know the answers during my second interview then I could still be denied. Sometimes you might meet a cool officer sometimes you might meet someone strict. Just be ready… Before the interview Atlst hv answers to 80 questions.
Prem helped me real good. He replied every email, he sent me links every step of the way. Thank you Prem.
Pls if you hv any question I’m here to answer.
Goodluck beautiful people.
Alice,
Congrats again. Thanks for the incredibly detailed account of your experience. I hope everyone reads this and realizes how important it is to be prepared, calm, collected and confident in the interview.
To me, it was most important that you were well prepared and had all the documents ready. Because that’s the only reason the officer decided to offer you another chance. If you had gone in with little supporting documents, then you may not have had the second opportunity to get approved.
That’s why I always urge everyone that your # 1 priority is get documents ready https://www.visatutor.com/how-to-prevent-the-1-reason-for-fiance-k-1-visa-denial/
Because only after your documents are 100% complete, then you can have a chance at approval. Otherwise we fight a losing battle.
Congratulations again. See you in the US.
-Prem
Hello Prem.
I had my interview. I met a strict consular officer. she didn’t believe how I met my fiancé after so many questions. So she denied my visa. I stepped out of the embassy and while I was on phone with my fiancé, the embassy called me to come again the next day. I actually thought I forgot my documents since I didn’t have everything back. I went there the next day after crying, devastated, sick and loosing hope. I met this same lady and she explained to me that I could be a victim of the same story ple tell which are fake. But she saw how organized my documents were and decided to gv me a try. But she said that wasn’t enough reason to call me back, she doesn’t know what happened (I believe it was God). She interviewed me again and Dis time around she was all smiles with me especially Wen I gave her answers in details. I was told to pick up my visa on the 4th. I want to tell you thank you for seeing us through. You prepared me in different ways. From organization of documents, to proof, to questions, plus overcoming my red flag (applying multiple times for a student visa 3x)
Thank you very much.
God bless your home for helping others.
Alice,
That’s fantastic news about the approval. I agree, that’s very disheartening to be denied. If I were in your shoes, I’d be heartbroken, too. Only a few times have I had readers tell me about getting called back to the interview after denial and you’re one of the few lucky ones. Congratulations again and thank for sharing your experience.
-Prem
Hi Prem,
your website is extremely helpful with a very deep details, i have a question please if you could share your thoughts, we are a same-sex couple, and together from 2 years, my boyfriend is a US citizen and we are working on me to move to the USA, we were checking all the information and someone advice us to go to some European country and get married there and then come back and apply for spouse visa which will make case more stronger, i want your advice/thought that is it right to do and they will accept a wedding certificate from Europ, i understand you are not a consulate but as per your experience and knowledge advice will be a great help, btw i forget to tell i live in an Islamic country which 100% now allowed same-sex marriage so we have to go to Europ.
BR
Hi Raizee,
Thanks for writing. Your question is fairly common among my LGBT community readers. Your idea of getting married in a third country (which recognizes same-sex marriage) is allowed for the spousal visa. Once you get that marriage certificate, you can go back to your own country and your US partner can petition for your spousal visa using the I-130.
Your second option is to go for a fiance visa and you will not have to travel out your country for that or get married. Your partner can petition you without any ceremony.
You have these two options. Both have their advantages and disadvantages. You can select between them (and more) depending on how you feel comfortable traveling outside your country. Or how comfortable you feel petitioning within your country (because I’m not sure if your country persecutes your orientation as a “crime”).
Good luck and let us know how you proceed.
-Prem
Hello,
i have few Questions
1 – I just divorced and i have two kids with my ex, so i pay the support child each month so that will create for me some issues ??
2 – my US Fiancee is pregnant right now we didnt apply the i-129f yet, in that form they ask if i have children so i know i have to write the names of my kids from my ex but what about the pregnancy shoud i write a paper and join it to that form
3 – For the poverty guideline my US fiancee have 2 boys and she is pregnant so i think ze dont need the Afidavit of sponsor right now but at the interview if our application will be aproved (i pray for that) the Sponsor’s Household Size 3 or 4?? and u have to know that my Fiancee is at her 2nd month of pregnancy so i think i will stil be here in my country when she will have our baby
Thank you for ur time and sorry for my english 🙂
Hey,
welcome, and I’ll try to answer your questions
1- The US Embassy won’t ask for your financials during the K visa interview. So, you won’t have to present any proof of child support.
2 – For children born during the fiance visa you only write down the names of born children not unborn children.
3 – Without knowing much about her financial situation, it sounds like her household size will be 5 (herself, 2 boys, 1 unborn children, and you). You can read more about the I-134 here.
congratulations on everything.
-Prem
Hi!! My fiancé sent the i129-f form for the K-1 visa 3 month ago. He received a Receipt Notice, with a number and supposedly, the instructions on how they’ll process the case, but there were no instructions, just his name and information, payment information and my name, birth and country of birth.
Every time we get online and check our case status is the same, just says “your case was received on June 21st”. Do we just wait? We don’t have a number to call to see if they need more information or if everything is going well… is that how it supposed to be? No information for months? I really appreciate your opinion! Thank you very much!!
Hi Rose,
The response you got is what we all get when we petition. It just means they’re processing your case right now. You will probably wait 7 months before you hear back from the USCIS regarding your case. You can read about it here https://www.visatutor.com/fiance-visas-top-10-questions-and-answers/
It sounds like you’re fairly new to the K visa situation. I suggest you dive deep and research all about it. Start here https://www.visatutor.com/blog/
-Prem
Hi prem,
I am an American citizen who planned to marry my ex thats living in England. I file the I129 on February 8, 2018, got a receipt saying that they received the case and heard nothing since then. I wrote to them in September 2018 and got a reply thats its delayed pending security check. I am worry, because 10 years ago I was arrested for shop lifting and got 6 month probation, but I was able to get my citizen after that and even can vote. would tis affect the case from being approved.
Really worried and concerned
Hey Samantha,
it’s quite possible the reason for delay could’ve been your past criminal incident. It’s hard to tell. But if you filed in February, then it’s been roughly 7 months, which to me seems like you’ve waited the average time. I suspect you will see a reply from them soon enough. However, I highly doubt that your shoplifting record will be a cause for denial.
-Prem
I was issued a k2 visa after my 21st birthday. And I am yet to travel does it affect
Hey Adeomolara,
That’s a very tricky situation. I’m surprised they issued you a K2 visa after your 21st birthday. It means that your k-2 must have started way before. Anyway, you may be eligible for the CSPA and prevent “aging out” of your application process. I have to admit, I’m not too familiar with this and I would say you check this page out for more information https://www.uscis.gov/greencard/child-status-protection-act
My gut feeling is that you can travel to the US on your K2 visa but the Adjustment of status (green card) may have to be done separately.
Please let us know what you find because I suspect I may see this question come again.
-Prem
Hi
We have received a email letter from NVC saying they are forwarding the K1 petition to UK embassy. We have a case number now, and have managed to book the medical.
Can we now submit the DS-160, and book the interview, before receiving the letter from the embassy – this will surely speed things up, as I have read elsewhere that others have done this
Look forward to your response
Ian
Hi Ian,
Yes, you’re allowed to submit the DS-160 in advance because all you need for that step is your case #. You can also book your medical in advance like you’ve suggested. And yes, all of this helps save time so things get wrapped up quicker in anticipation for the consulate interview. The letter from the Embassy isn’t physically required for any steps, in reality.
-Prem
Hello Prem, i went this morning to my interview and had my k1 visa denied. The consular officer stated on a white sheet called THE FOREIGH SERVICE OF THE UNITED STATES OF AMERICA REFUSAL WORKSHEET
dear visa applicant, …………. regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section of the INA
section 212 (a) (9) (B) (I) (II) unlawful presence of more that one year. This ineligibility will expire on May 31 st 2019.
WARNING: if you fail to take the action requested within one year following visa denial under section 221 (G) of the INA section 223 (G) of the act requires that your application be cancelled;
He then told me that my file will be kept there for one year i should rebook an appointment after MAY 31ST 2019 re do the medical and police reports and come back for the visa.
Please explain to me; Thank you very much.
Hello Fatima,
You’ve been handed a denial letter. It’s just as I thought, the officer is holding to your ineligibility until the 10 years are up. Fortunately for you, you’re going to pass the 10-year mark next year. According to the officer, you can reschedule your appointment for the K visa after that date, in which case you will not be ineligible based on the 10-year ban. Furthermore, you don’t have to repeat the I-129F petition because your application will still be valid by that time.
-Prem
Hi Prem,
This isn’t to ask a question but I read your profile. Your story is very inspiring, and I can relate so much!
I met my fiance when I was there in the US for a business trip, and we got the K1 ball rolling, hopefully I can be with him next year. I couldn’t wait!
Thank you for putting this up!
Hello Angela,
Thanks for the kind words. It’s a pleasure to have wonderful couples like yourself benefit from my experience. I wish you the best of luck in the K-1 journey. Be sure to sign up for my email newsletter for some wonderful guidance. Feel free to drop a comment/question anywhere on the website, or email me if you have questions.
-Prem
hi prem im from philippines and my fiance is from us. we got noa1 last march 10, this year and no word from them up to now.. my question is i am single parents with my 3 kids and all of them were in legal age.. do i need to present their birthcertificate with me in my interview? cuz my fiance include them in our i129f packet. even they are all in legal age as my personal information. hope you can my concern…thank you and God bless!..
Hello Karen,
The average processing time for I-129F is anywhere from 5-8 months. So, you’re well within average right now, Karen.
As for the children, I’m not sure what you mean by legal age- you mean over 18? Regardless of age, children who apply for a K-2 visa must present a birth certificate the time of the K visa interview at the consulate.
-Prem
Hey there prem! sorry for the late response, I now have my K1 Visa in my hands along with the envelope that i cannot open, and will be flying out to America on the 27th August and getting married on the 22nd of September. After my interview, my medical was sent to them the following day where it took a week to process. After that was sent my email letting me know that it was with the courier.
as a little word of warning to those with a past of mental health problems as many do, I cannot stress how important it is for those to bring their full mental health medical history to the medical with diagnosis and treatments all there, also please bring a highly detailed letter from your doctor stating that you no longer suffer from mental health issues and that you are not a threat to yourself or others. If you don’t this may cause further delays and make it difficult for you to pass your medical as I know that more often than not this information is not very clear
once again thank you for the advice 🙂
– kaitlyn.
Hey Kaitlyn,
Congratulations. Things are falling into place!
Thanks for the recount of your experience regarding mental health and the medical exam. Indeed, the best way to tackle the mental health w/ harmful behavior inadmissibility is to prove to the panel physician that you’re no longer a threat. The best way to do that is to have your primary treating physician write a letter indicating that your condition is resolved. The panel physician is more likely to believe your primary physician and/or a professional evaluation of your condition. Thanks for your insight.
-Prem
Hi
My fiancée filed I-129F in California, and they received it on 22nd Jan, we have not heard anything as yet. its now 6 months and we would like some advice on timeline from now on in. I am in UK and as you can imagine its becoming frustrating!
We have planned to marry in November, which we were told would be a sensible timeframe
Any advice etc welcome
Thank you
Hello Ian,
Yes, the timeline is unpredictable. If you’ve filed at the end of January that leaves roughly 10 months before your wedding time. I would say that’s cutting it close to your approval time. But the average is anywhere from 8-10, so I wouldn’t be surprised if you held to that date in the end. In hindsight, it’s not safe to assume when you’ll be married as immigration is always in flux.
You can read more about processing times and join the conversation here: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hi Prem,
Thank you for sharing all your info and knowlegde, it nice to have a place to turn to.
I have a question I hope you´ll answer,
My fiance (US citizen) and I are planning to sent of the petition in mid August, but we also could sent it in end september after my fiance have visited me here in Denmark. My worry is that the I-129f form from the usgov website expires August 31. And we now dont know if it would be better to sent if of now before it expires or wait till the new form. We do have enough meetings and proof to sent it off now.
Do you think it´s okay to sent it so close to expiration date? or should we wait? or if we wait will we risk getting a “harder” form and more demands?
I know you can´t give me an answer on how the new form will be, but I would appreciate heearing your thoughts about it.
– Josephine
Hi Josephine,
Thanks for getting in touch, I hope VT will help you during your future K visa process.
In terms of submitting your I-129F, as long as it’s postmarked before the date the form expires, your case will be accepted. If it’s postmarked after the date, you may have issues depending on whether or not the USCIS has actually uploaded a new form for us to fill out.
In my experience, the USCIS issues a new form well in advance of the older one expiring. So, I’m expecting the new I-129F to be uploaded any day now. Which means at that time both forms will be accepted until the August expiration date.
If I were you and I had all the evidence I needed, I wouldn’t wait for the new form. But if you feel like you want more evidence before you submit, you can wait until your meeting is complete. Following which I’m sure there will be a new form waiting. Hope this helps.
-Prem
Hi Prem. I am looking seriously into applying for the K1 visa for my fiance, who is Brazilian. Our problem is that our daughter is due in February, in 7 months. Obviously I would like for him to be in the U.S at this time. Is it possible to apply for both a tourist visa and a K1 at the same time, as a sort of back up plan? I don’t want to focus only on the K1, in case it takes longer and he misses this important event. He currently only has a passport, and has never applied for a U.S visa of any kind. I have read on here that it can be risky to visit with a tourist visa while applying for the K1, but I really don’t see any other way for him to be able to come in time. If he applied and received a tourist visa for that specific date first, and we then started the K1 soon after, would that work? Thank you so much for this site and the work you do, it’s really amazing. 🙂
Hello Zoe,
Yes, it’s absolutely possible to petition for separate K visas and b1/b2 visas. However, you have to realize that once you submit a fiance visa for him to move permanently to the US, the Embassy and the Customs/Border Protection will know that he’s intending to emigrate to the at one point. That’s why it gets difficult for K visa couples to apply for tourist visas. You can read more about it https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
But it’s up to you. You can give it a shot to see how it works out. In addition, if he gets denied a tourist visa, it usually won’t negatively affect his K visa application.
A tourist visa is granted on the applicant’s own merit and interview. There’s hardly anything you can do (as a petitioner) to help him during the tourist visa interview. If he explains his story, perhaps he can get approved and be there for your child’s birth.
Thanks for stopping by and please help spread the word about this site if it helped you.
-Prem
Hi there,
I have questions for you please.
NVC got my K1 file in mid March 2018 and still not sending it to the embassy. They’re not telling me why other than AP and it’s getting so frustrating. I did bring my ex husband with i-130 over 13 years ago and was divorced over 4 yrs ago. My question is what is some reasons NVC will hold a file this long? any advise for me please?
Thank you!
Hi Maree,
Yes, I can see your frustration. 4 months in AP is a long time. But the problem can be any number of things. It’s hard to speculate what it can be without knowing your case. I doubt your previous marriage / divorce has much to do with it as it was a long time ago. Do you suspect any other reason for the delay?
-Prem
if my child father applys for a k1 /k2 visa ffor my kids and they get denied.
my question is can I apply for a B1/2 visa for my kids if I have my B1/2 visa.
Hello Racquel,
You’re question is a bit confusing. I’m not sure I quite understand. Are you the petitioner or beneficiary? Have you been denied a K-1? visitor b1/b2 visas are a separate case from fiance K visa. Regardless of if you already have a visitor visa, you children must apply separately. Have you read the tourist visa article here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/? Let me know…
-Prem
Hey there ,
i just wanted to say a big thankyou for the advice, i had my interview yesterday and my K1 got accepted!!!!!!!!!!!. The interview was nothing like i expected, i put 4 folders together of info and ironically enough they didn’t really look at any of them .. all they needed was my i-134, my birth certificate, my ds-160 and my police certificate… they asked me like 5 basic questions and then gave me my visa … the whole thing took 30 mins including waiting .. if anyone i worried about your medical not getting there in time failing you don’t worry its not important . mine hadn’t reached them yet and they simply told me as soon as we get the medical we will call you to let you know we are processing the visa
Hey Kaitlyn,
Congratulations. I’m glad to hear the great news. Thanks for sharing your experience with us. So, does this mean you’re in AP right now? When is your medical supposed to show up?
-Prem
Hi, me and my fiance have set our wedding date for may 2019, we’re thinking about filling the i-129 and everything else by the end of July, based on our date, do you think we should start sooner or do you think that would give us plenty of time?
Hello Valverde,
To me 11 months seems like a reasonable guess as to when you will be approved. Of course, we can’t predict when exactly, but it’s routinely taken 8-12 months for most people. If you file by next month, that should be enough time for even the worst case scenarios. Although I usually recommend that couples don’t set a date for their wedding as it’s highly unpredictable, but a year of waiting is not a bad start. If you email me, I’ll give you a more detailed breakdown of how you can extend your application process if you happen to be approved earlier than expected.
-Prem
Hi,just want to inquire regarding the requirements for k1 visa interview.i worked in saudi as a nurse up to 2006 but i was not able to get the police clearance because i thought i dont need it in the future. now,i searched from google how to obtain the p.clearance outside the kindom. it’s really complicated since i lost my old passport and i have no copy of my residence permit(iqama) in saudi.im worried that they might require it during the interview..Besides,im. currently here in oman. can u pls give me some advise of to do for this case
Hello Olivia,
I’ve looked up the civil reciprocity table for Saudi Arabia. Toward the bottom it says that PCC are not available to non-residents who currently don’t reside in Saudi Arabia anymore. To me it seems like you’re exempt from requiring one for the interview. What have you researched so far from other sites?
-Prem
Its been more than two weeks since we submitted the 221g documents ? i am just so desperate for my fiance to come
Hey Stephanie,
I remember your fiance got the 221g for the PCC related documents, right? You still haven’t heard back after two weeks. Well, the best we can do is routinely email them and ask about the progress. I’m sure they’ll reply with a generic “your case is in administrative processing”, but it’s good to keep up and remind them.
-Prem
How long does the 221g take after submitted all documents ??
Hello Stephanie,
If you’re given a 221(g) you can respond and submit the documents that they require. Typically they’ll respond within a few weeks. You can read here https://www.visatutor.com/fiance-visas-top-10-questions-and-answers/ Take a look at #9 from the common questions and answers about the K visa process
Hey prem,
So I’ve been getting mixed messages online saying that u don’t need tax returns unless ur self-employed and others saying you need them regardless.
Will I still need our joint sponsor’s tax returns as he is not self-employed
I’m very close to scheduling my medical and my interview so some insight would be really helpful. my other documents are solid and I know I have the interview in the bag because after 6-7 years of dating u know more than u would like about the other person… but its just the last few areas of the affidavit I’m concerned about
I have so far
– 2 filled out affidavits of support for joint sponsorship averaging out at 46,000
– 2 bank statements for each affidavit
-2 employment letters
-1 W2 for our joint sponsor
-2 birth certificates and ID’s
-1paycheck for fiance
-1 most recent paystub for joint sponsor
Hello Kaitlyn,
That’s a good question. The truth is this: the US Embassy wants you to prove that your sponsor has enough income/assets to financially provide for you in the US. One of the best ways to do that is to show a trail of tax returns showing at least minimum income. Technically, tax returns aren’t required. But, realistically, they’re almost always required for every K-1 visa interview. Because most consulates prefer to use them to evaluate your financial strength. That’s why you’ve been getting mixed messages online because it depends on the Embassy and the individual case.
To answer your question, yes, you still should show tax returns for all sponsors. Especially one that has a W2 and works for an employer. If you’re using a joint sponsor, then yes, you should get the tax returns. Check out the I-134 section for guidance there https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/
Also, I might be misreading you here, but it sounds like you think you can “add together” the incomes of your primary us petitioner and the joint sponsor. Just to be clear, the joint sponsor cannot add incomes together. The joint sponsor’s is the sole I-134 they’ll look at if your petitioner’s finances aren’t enough.
-Prem
Prem,
So for the I-134, I will complete the form and gather all the supporting documents for that and send it to my fiance in the Philippines? And then and there in his interview, it will be processed by the consul? I am a little confused, so please correct me if my understanding is wrong. Thank you!
Krystyl
Yes, you gather up and prepare your I-134. Send it to your fiance for him to take to the interview. They will review the I-134 during the interview.
Prem
Hi Prem,
Good day! I already received an email from NVC that they already forward our papers to U.S embassy in the Philippines. We will apply DS-160 online and will set a schedule for an interview. However, for the I-134 will it take too long to process? I am scared it might not be processed until the interview date.
Krystyl
Hey Krystyl,
Congratulations on being approved and ready for the next step. The I-134 is not something that gets “processed”. You simply fill it out and take it along with you to the interview. They will review it then and there. You will have to prepare for all of it though with all supporting documents for the interview.
-Prem
Thank you. And, is it possible to set out our honeymoon in New York City as soon as I arrive in San Francisco as K1 Fiancé Visa?
Hello Arriane,
Yes, as you know travel within the US is unrestricted. So, you don’t need a visa to travel within the US from state to state. You can have your honeymoon after you arrive in the US with a K-1 visa.
-Prem
So we are working on our I-134 affidavit of support and as I previously mentioned my fiance’s father will be our joint sponsor. Does my fiance have to fill out a separate I-134 or does my fiance’s father just do this? My fiance recently got a job, however, he has only been there for a month and has not got a w-2 (bare in mind this is his first job) and therefore wouldn’t have the supporting documents his father has.so in summery
Do we need to fill out 2 i-134’s?
if so does he need these supporting documents
Thankyou 🙂
Hello Kaitlyn,
That’s a good question. The requirement for the US petitioner to fill out the I-134 is actually based on the Embassy policy. Some require it while others don’t. You will have to dig into the USEmbassy.gov for your consulate and read their instructions. However, just to be safe, he can have his I-134 filled out as well just in case you’re asked to present it. Let us know what you find!
-Prem
Hello there! I have a question, my application for I-129f is currently being reviewed. It was received around January 4, 2018. I know processing times varies for everyone but it could range from 5-7 months for initial review nowadays. My question is, since my fiance still has an active tourist visa. Can she visit the US while our case is being reviewed for a short time? Will it affect the outcome they found out about her visit? Thanks!
Hello Juan,
That’s a very common question, Juan. The answer is yes, she can visit. But the answer is not so simple. You two need to be careful how quickly you visit and how often. I suggest you read this article about this very question here: https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
My fiance went to the interview today and was denied because i did not go with him. What can i do now? Do i have to re apply and then go to the interview this time? Is there anyning else I can do?
Hello Stephanie,
I’m sad to hear that you two were denied. I’m not sure what the problem was, but it’s certainly wasn’t because you weren’t there. The US petitioner is never required to attend. Why don’t you take a look at the letter. What does it say? 212g or 221g? And send me an email, we’ll discuss this offline.
-Prem
Hi Pkumar. I’d like to ask, is it possible to petition my parents and my fiancé’s parents in the USA at the same time during my pregnancy for moral support?
Hey Arriane,
First, congratulations on the pregnancy. Are you asking if you can petition for your parents (IR5 visa) and your fiance’s parents (visitor b1/b2 visa) to come to the US?
If so, then yes, you’re allowed to petition for a tourist visa while your K-1 visa is pending. Although the likelihood that it’ll be approved is based entirely on their eligibility for the b1/b2 tourist visa. So, I can say you can try your luck and it will not adversely affect the K-1 visa situation. Was that what you were asking?
-Prem
Hello,
I am currently going through the k1 process in England after being in my relationship for 6 years and engaged 1year and have recently had my fiance’s petition come back approved.
Due to my fiance not having a high income, my father in law to be is filling out my affidavit as my sponsor, as he meets the income requirements. Alongside the I-134 I have a copy of his W-2 Wage and tax statement, a copy of his driver’s license and his most recent tax returns it says in the NOLO book us immigration made easy that I should supply a bank statement however due to the book being published in 1990 I am concerned the info may be slightly out of date.. would this be sufficient proof of financial support or should I supply a statement from his bank?
Hey there Kaitlyn,
I’m very familiar with the NOLO book on fiance visa. I have many of the older + the newest edition. I can tell you that they haven’t changed much regarding the K-1 details. However, to answer your question, yes, you still should have a statement from your bank to help prove sufficient financials. I suggest you take a look at this page https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/ to help answer your questions about the Affidavit of Support.
-Prem
Dear pkumar,
I just want to ask what if I got convicted 22 days in jail dubai 5 years ago due theft. My boyfriend is from from USA and he plan to apply fiance Visa for me. My question is my previous record can affect on my application? Possible I can go to the USA? Please advise sir.
Hello MsLoi,
The beneficiary’s criminal history (if any) are checked during all stages of the K-1 visa process. However, the major check is when you go for the K-1 visa interview. You will have to present a Police Clearance Certificate from the UAE for your crime/conviction while in that country. This PCC will disclose the information for the US Consulate to figure out if you are admissible to the US. Your approval or denial will be based on if you fall under the 212(a)(2) criminal history. I suggest you read the 212(a)(2) here https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html You will have to do some research and figure out if this applies to you depending on the details of your case.
-Prem
Hi There,
I am a U.S citizen and I met the love of my life almost 4 years ago in Mexico! In june it will be our 4th anniversary together. We have met each other and seen each other about 10 times, 10 trips That i have done. He has never been to the US, nor been near the border. Neither one of us have any criminal records. I have a lot of pictures from the first time I met him to the last time I saw him, my only biggest issue is that I threw away some of my oldest flight tickets and I was only able to find email confirmation from when I bought my tickets. Another of my biggest concerns is the fact that we do not have a ring yet, but we do have the intention of getting married and having kids. In fact, we were debating about having kids and after getting married but I do want him to be there when I have my kids. I am worried that I will get denied due to the evidence of a ring. What do you suggest?
Hey Lizette,
You’ve got plenty of meeting time together and that counts for a lot. In terms of meeting evidence, keep in mind you’re not required to prove that you’ve met more than 2 years ago. If your first meeting was 4 years ago, then technically, it’s okay not to present such old evidence. However, you must show recent (within last 2 years) evidence of having met… such as flights, immigration stamps, photos, etc.
And don’t be disheartened by not having an engagement ring. Being engaged or having an engagement ring is nice to have, but not required to file. If you don’t have one, don’t worry, you can still file the I-129F.
-Prem
Hi prem,
Myself Anil from India and my girlfriend is from America we both met in India twice in the fast five years, she came India the only reason to see me and my family, now If I go to Dubai and let her come there to get married in Dubai, thereafter am I able to get or apply for K1 or Or K3 visa from Dubai or USA by my girlfriend. Please advise me the right way to proceed us. Kindly email me your number or email to get your visa Process service. [removed personal info]
Hello Anil,
Welcome to VisaTutor. I’ll be glad to help you through the K-1 process. However, I don’t routinely offer personal coaching without talking to you first. I believe you’ll benefit immensely from taking my courses and reading the free material I have to offer. If need be, you can email me directly for information.
-Prem
Hello ! This is Mia again , from Azerbaijan if you remember)
Well, USCIS approved !!!
We were so happy !!!
and now another Step (NVC)
We’re already waiting for letter from NVC about 4 weeks and still nothing…
I found out that they will send me instructions by email and letter to my fiancé who’s in America.. is that true? Or everyone should get a real letter from NVC ! I have no idea what to expect..
and I wonder how long it will take to wait for my interview in Georgia, Tbilisi…because I have to travel there from another country and it makes everything so complicated..
Hello again Mia,
Congratulations on the approval. I’m delighted to hear that.
The NVC doesn’t send instructions for K-1 visa applicants. They only send the approval letter. For other visas, like spousal, they will send instructions. But, for us doing the fiance visa, our cases are forwarded directly to the consulate to process. You can read more about the future steps here: https://www.visatutor.com/steps-129f-fiance-visa-petition-approval/
Once the Embassy is ready for your case, you can fill out your paperwork and schedule an interview. That way you’ll know how much time you need to travel.
-Prem
Hi. My fiance in the US filed for K1 visa. Received date was March 29, 2018 and the notice date was April 3, 2018. We already received the NOA1. We have age difference and im older than him. Im 45 and he is 30. but we have a child. We lived together for almost 5 yrs. Our daughter is already a US citizen because we filed her CRBA. What are the chances of approval? DO you think it will process quicker?Pls reply.Thank you.
Hello Evangeline,
It’s hasn’t quite been a month since you filed your paperwork. So, you’ll probably be waiting a while to hear back from the USCIS. The chances of approval depend on individual case circumstances and it’s difficult to give you a blanket answer on approval without really delving into the details. However, if you don’t have any other major red flags and you’ve got a “clean” record (immigration and criminal), then I don’t see why not you should be approved. Keep in mind that everyone is processed the same way. 99% of applicants have to wait just like everyone else. Having a child will not get your case approved faster. You must wait in queue like everyone else. I hope this clarifies your questions,
-Prem
Prem,
Thank you for your help. Yes it does make sense. For my piece of mind, I will be availing myself of your petition review option in the next 2-4 weeks. I would like to have a second pair of experienced eyes look over my petition to boost my confidence level and reduce my stress on the petition.
Hey John,
Sounds good! I’ll be happy to review your stuff.
-Prem
Hi Prem,
First I want to thank you for helping both myself and many others wade through this ocean of information, uncertainty, procedures, and fear.
I am nearing the end of the completion of my I-129f petition and packet. I have assessed that I have 2 potential red flags. 1) IMBRA 2) length of time from divorce to filing K!.
IMBRA I believe I have the needed evidence to overcome the burden of proving that the website my fiancee and I met is not an IMBRA.
The second red flag I am more concerned about. I intend on filing the K! very soon after I receive my final divorce decree. Despite the fact that I will file right after the divorce. I have evidence from when I filed the divorce that our marriage had broken down in October 2016. I met my fiancee in late August of 2017 and filed for divorce in November 2017. The delay in filing from time of break down of marriage to filing divorce was due to foot dragging and the creation of a separation agreement. Do you think this evidence will be sufficient to eliminate this potential red flag?
Hey John,
thank you for taking the course, and I’m glad it’s been a fantastic experience so far.
You may remember from the course, I cover IMBRA requiremnts. So, if you’ve followed that, then you should be set with complying with all requirements. But if you’re still unsure, I suggest you read this additional article further https://www.visatutor.com/meeting-k-1-fiance-imb/
Your second concern is very common. Since US divorces take long to wrap up, it may easily span several years, in which case we can move on with relationships. You can read about it here: https://www.visatutor.com/quick-k-1-visa-relationship-red-flag/ In a section of this article, you see that if you can show a “separation” date for you and your ex, it helps put your current relationship into perspective.
So, I suggest you go back to your Circumstances of Meeting letter and discuss the dates of separation/current relationship using your divorce documents as proof that separation happened during Oct 2016. That way you can show the two different ones didn’t overlap. Make sense, John?
-Prem
Hello Prem
We are waiting for our 129f petition to be approved, it has only been 3 months since it was received. My question is what could be the ramifications if my fiance would come to the United States to live for 179 days (180 days allowed by her US Visa) return to her country for 30-45 days then return to the United States for another 179 days. Her visa for the United States is good for 3 years. We miss each other very much and want to be together , but we do not want to jeopardize our petition. Thanks for your opinion, Adam
Hello Adam,
as you’ve read in this article, it’s a hit or miss deal. There’s no telling if Customs is perfectly fine with her visit or they don’t consider it a good idea. You never know until you show up at their desk.
If you want her to visit you, just be sure to have plenty of evidence that she has “strong ties” to home. Because if she’s planning (as you say) to stay several months on end, then it’s difficult to convince a Customs Officer that she has “strong ties” and will return home after the visit. Do you see the problem?
Even with a valid US tourist visa or ESTA, it should be used sparingly and not ‘abused’. Just be careful. Regardless of her being allowed entry or not from Customs, it will not adversely affect her k-1 process (unless there’s an inadmissibility). Read the full article here: https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
What do you plan on doing?
-Prem
Hello Prem,
My NOA2 got approved last March 19. The USCIS said that they forward my paper to the NVC. Do you think how long it will take again to process and if ever what requirements we need to prepare? Thank you in advance.
Hi Krystyl,
Congratulations on the approval. Here’s what you need to know after approval https://www.visatutor.com/steps-129f-fiance-visa-petition-approval/
-Prem
Hi P. Kumar,
You are doing a great job helping us along this tought process. Congratulations for your blog ang thank you a lot for your kind replies. I have a question, I’m in Ecuador now, we sent the file 1 month ago. My fiance is a self employes in US, since the wait is very difficult for us he is considering to move here until we get approved and then go and marry in USA, Do you think this will eventually affect the our process? Can we do that without problem? thanks again and God bless you
Hello Maria,
Thanks for stopping by. I’m glad to help everyone in their K-1. It’s great that your fiance has the option to come and live with you during the waiting time. I wish I had the same opportunity. But, most of us US petitioners are working so it’s unrealistic to take time off and live in a foreign land for months. But anyway, Yes, he’s allowed to do that and it’s a great way for you to gather further evidence of a bona fide relationship. That will help your case tremendously.
But you have to keep in mind, that because he’s self-employed, his income depends on him working. Will he be able to maintain that income and report it that in the I-134 affidavit of support during the interview? I’ve written extensively about living abroad while submitting the I-134 affidavit of support for your k-1 fiance. You can read the details here: https://www.visatutor.com/k-1-visa-i-134-domicile-requirements/
In short, just be aware that the I-134 affidavit of support may be affected. And you two can figure that out.
-Prem
Hi Prem,
I already sent my RFE last week. Do you have any idea how long will it take for the USCIS to respond?
Hello Krystyl,
The USCIS is quick to respond to RFEs. Typically 1-2 weeks after you mail it in, you should get a response. Hoping for the best!
-Prem
Please us there any way i can get fiancé visa we haven’t met in person before?
Hello Nathaniel,
One of the major requirements to getting your petition approved is to have met within the last 2 years. You’re asking about a hardship waiver – which means that the US petitioner or Beneficiary claim that it’s nearly impossible for them to physically meet one another. You have to persuade the USCIS that your circumstances are so dire that you cannot meet. Only then, will the USCIS approve a case where the two haven’t met. What kind of hardship do you have?
-Prem
Hi. I live in turkey. I am 30 years old. my fiancé is 47 years old. my fiancé and I have been together for about 3 years. we met face-to-face 3 times during this time. we were engaged 2 months ago. We have many photos and letters. and phone calls. gifts. photos with family. photos of our rings and photographs of our engagement ceremony. bus and plane tickets. e-mail. and WhatsApp. and our facebook shares are old and new. we want to apply for the K1 visa in May. Do you think the age difference is a problem even with so much evidence? because it scares me. we really love each other very much. If you think that age difference is a problem. take my fiance decided to move to Turkey. Do you think the age difference is a problem even with so much evidence?
Hey,
Age difference is a red flag, but it’s also subjective. To some officers a difference of 15+ years may not be a problem if it’s easy to see that there is plenty of bona fide relationship evidence.
On the other hand, couples with a minor age difference can be denied if they don’t show that they’re a genuine couple. (Read how to address the age difference red flag in the fiance visa)
So, don’t fixate on the issue too much. If you can clearly show you two are serious about marriage and the relationship, and you have documented evidence to back it up, then you will not see a problem. Be sure to read up on this article about “no commonality’ as a red flag here https://www.visatutor.com/fiance-k1-visa-no-commonality-red-flag/
-Prem
Hi there,
First of all, I find that your information is very useful indeed. Thank you! I have some questions I would like to ask you but first here are some background info. My girlfriend is from the Philippines and Is currently working in HK. I have met her online since August, 2017, we have been chatting either by text or phone calls everyday. I am a US citizen and I have travel to HK in October 2017 and February 2018 to see her and we have plenty of pictures, plane tickets etc to show as proves.
The questions I have are that when is too soon to apply for a Fiancé visa? We are planning to file in August 2018, is that too soon or is there a minimum time you have to know each other before applying in order not to get red flag? Also can you send me a list of evidence or documents that I need to submit when I apply for the visa, please?
Your help and advice is much appreciated.
Regards
Tony
Hello Tony,
Thanks for stopping by. You visited/began your relationship August 2017, which sounds like a decent amount of time and a relatively stable relationship. I suggest you read about the “quick relationship” red flag article https://www.visatutor.com/quick-k-1-visa-relationship-red-flag/ in which you can compare what kind of “red flags” generally accompany those with quick relationships. Although, I don’t think you fall into this category.
It sounds like it’s already been 8 months since you met. I don’t think it will be risky to file the I-129F right away, but you’ll have to consider if there are any other “red flags” weighing your case.
I also suggest you sign up to my free email list to help assemble your I-129f paperwork. It contains all that you need to file a complete case with evidence. You’ll find the sign up box around my page and the main page.
-Prem
thanks for the reply my pervious question.
We will apply for K1 around Oct, 2017.
My fiance (US Citizen) had met the 125% income this 2016/17 year, but he is changing his jobs and such…there is a chance he won’t make 125% in 17/18 year which is the time when we have to fill the I-134 form and interview for K1 and there is no one can co-sponor us.
Can I use my own saved money 20kish to proof that I can support myself in US? Which form I can fill?
Thanks for the help!
Hey Suki,
If your fiance switches a job in the middle of your petitioning, take a look at this article I recently wrote:https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/
It will answer your question about what happens to your affidavit of support then.
-Prem
Hi
My fiance and I sent the i-129f away last week. I’m from Germany and we included train tickets from Germany (which are in German). One can clearly see the travel dates and names etc. We didn’t let them get translated. However,we explained what’s written on them in English below.
Might that be an issue?
Hello Jackie,
Ideally, I would suggest you translate the entire document that’s not in English. However, I think you did the next best thing, which is to explain what the evidence is. If you’ve already submitted your I-129F, then I don’t suspect you will have an RFE issue. However, it’s a possibility that they want a full translation. But, if you haven’t submitted it yet, I suggest you translate the entire document by yourself. Let me know what you decide to do.
-Prem
Hi Prem, yes! They asked me to print out some of our conversations and call logs that should be translated into English. I don’t know why but that is what stated in the letter they sent me.
Hey Krystyl,
They’re taking your text messages and conversations as proof of relationship/communication. Likewise, everything that’s not in English must be translated before it can be accepted as proof. Yes, do as you’re requested in the RFE and provide translations for your conversations.
-Prem
Hi my bf is in US and he planning to file for K1 visa so soon.. we’ve been searching internet regarding filing like evidence and etc. My question is that does he need a photocopy of my passport before he can start the process? Because I lived in Philippines and we have to set an appointment to get a passport but unfortunately no slot at this time.. we don’t know what to do. I hope you can help us.. thanks and Godbless
Hi Hannie,
If you’re the beneficiary, then you don’t need to have a passport to file the I-129F. Your fiance can file the paperwork before you get a passport. However, just be sure that all the information will match in both sets when you go to get your new passport. Make sense?
-Prem
Hello, last week I received a request for additional evidence. One of the requirements is a copy of conversation, but my problem is our conversation is in Tagalog and not English. Do I need someone to interpret our discussion or can I pass it as it is without any interpretation?
Hi Krystyl,
Anything not in English must be translated by a competent person. This competent person doesn’t need special certifications or degrees. Even you can do your own as long as you certify that you’re competent to translate from Tagalog to English.
I’m surprised they asked you for a transcript of your chat history. Is that correct?
-Prem
We have filed the K-1 and I received notice that it was received on Dec 12, 2017 at the California Service Center. I checked USCIS website and it was updated yesterday. They are processing requests as of Sept 1, 2017. When will they process our request.
Hello Jim,
The processing time varies case to case. For the best look at how to predict your processing time, I suggest you read this: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hello !
I’m citizen of Azerbaijan , and my fiancé US citizen… we applied for fiancée visa k-1 almost 6 month ago and still waiting to be approved !
I worry very much , because we were waiting for this moment for a very long time.. we are together a little bit more than 2 and half years , and he visited me in Azerbaijan 5 times.. I have a kid , k-2 visa.
I just wonder about our chances, we have a lot of pictures together in different seasons of year , our love story is beautiful, but who knows what immigration will decide..
we applied to visa with the lawyer help.. so I’m sure everything was correct.. maybe you know someone who was from Azerbaijan? Because to my interview I have to travel to another country , it makes everything so complicated..
Hello Mia,
Your 6-month wait is average for most couples. In fact, you might wait another 1-2 months before seeing an approval. It also depends on the complexity of your case and if there are any issues (RFEs). I’ve never dealt with anyone from Azerbaijan. So, I’m afraid I cannot connect you with anyone who’s been through it. In any case, where do you have to travel for the interview?
-Prem
Hello,
My bf is American, and I’m Chinese from Hong Kong. We met online at 2010 and will be 8 years this year.
We only met 3 times, which is “2014, 2016 and 2017” each time is around 2 weeks, but all 3 times is me travel to US, he never travel to Hong Kong to visit me, will this be a problem? And we met 8 years and only met 3 times, will this be a problem?
We want to marry next year in Oct 2019, is that we should start filing at around Oct this year?
thank you very much!
Hello Suki,
Glad to hear you’re taking the step to start the K process with your fiance. It doesn’t matter who comes to meet whom. You could come meet him in the US or your fiance can meet you in HK or anywhere else in the world. The requirement is to have met face-to-face in the last 2 years. Which you’ve done in 2017 and 2018. You’re eligible to file.
On average, the process takes roughly 6-8 months from beginning to end. Once you approved, keep in mind, you typically have 6 months to use the visa to come to the US. Use that to figure out your schedule and when you should file.
-Prem
Thanks for all the info I notice you said something about age difference denial. I met a Vietnamese woman I want to marry she is 28 and I am 50 we will meet at least 3 times before i file for the K1 visa do you think there will be any problems with the age difference??
Hi Michael,
Age difference is not an ineligibility. In other words, regardless of age difference, you two are still eligible to file. Age difference becomes a ‘red flag’ where officers may suspect the motive for immigration is purely for a green card rather than a genuine relationship. Your proof will have to support your claim of a legitimate relationship.
-Prem
Hello,
I am a UK citizen. My fiancé (we got engaged 6 months ago in UK), is a US citizen.
We’re not a I guess you could say ‘conventional’ couple, which means we don’t pose in front of mirrors taking selfies together, or kiss and hug in front of a sense everywhere we go. We have maybe one picture together taken by my mother during Christmas last year which is last time I saw him face to face.
We have receipts, flight tickets, train tickets, pictures we took of one another separately (scenic photography).
I have collected every letter, every card, gift, I am pretty sentimental (thank goodness in this case…).
Is this okay and is it enough?
Thanks
Hi Leva,
In terms of eligibility, you can file the I-129F because you and your fiance have met within the last 2 years. And the airline tickets, one photo at Christmas, flights, trains, etc. are enough to say that your fiance was “present” with you during the 2-year in question.
Now, the other side of the coin is that they’re going to probably want some more proof that you two have met face to face. Keep in mind, airline tickets, train tickets, etc. prove that your fiance was in the UK during his trip – it doesn’t necessarily prove you’ve met. That’s why photos are very important. You have one photo — which is enough for eligibility but probably not enough for proof of a bona fide relationship.
You can probably file the I-129F now (although a bit risky) and in the meantime (during processing) you can gather more photos. At least by the time of your K-1 interview, I urge you two to have more photos than just one. What do you think?
-Prem
Does my fiancé have to mention all of his children at the appointment even though i did not put them on the l-129 application?
Hello Stephanie,
Only children applying for a k2 visa are required to be present during the K-1 interview. If your fiance has children who aren’t apply for a K-2 visa, then they don’t need to fill out the DS-160 or come to the interview.
-Prem
hello there,
i would just like to ask regarding on wether my boyfriend need to propose me first to be his
fiancee before applying for fiancee visa as a proof?
or can he apply right away in US for k1 visa even without proposing me yet?
Hi Analyn,
The requirement for a K1 is that you must have met within the last 2 years and intend to marry one another.
Getting engaged, proposing, exchanging rings are great for your proof of relationship, but they’re not required. If you didn’t have an engagement or proposal, then it’s no problem. You can still apply for a K-1 and have no trouble with your process.
-Prem
Hi, I already filed a petition for my fiance in the Philippines, and for now, we are waiting for NOA2. I am just worried because I don’t have work for three years because I resigned and I went back to school to finish up my degree. I am really worried that we would get denied. Do you think they will allow me to use co-sponsorship in the embassy of Philippines?
I mean, do you think they would allow me to use co-sponsor? Because from what I heard and read, Philippines don’t allow co-sponsorship for a K1 visa. Thanks in advance!
Hi Krystyl,
Welcome. I see you’re well within the K process and worried about the I-134 situation.
As you know being able to use a joint-sponsor is actually up to the discretion of the Embassy Officer. And the Philippines is no different. They technically don’t “allow” joint sponsors, however, it’s a case-by-case basis. Many have successfully used joint sponsors in the past, while others were denied this option.
To me it seems that if you present them with convincing evidence that you need a joint sponsor, they’ll be accepting of it. The best thing to do would be to directly email them and ask. You’ll be surprised how helpful they are.
-Prem
Hi! Thanks for the great article.
I’m a US Citizen living outside of the US for some time now. However I work for a US based company.
I am currently in a 5 year relationship and we are planning on moving to the states and get married. Can I file the I-129F from here, and wait for the process here or would I need to move back to the USA to do so?
Thank you for your insights!
Hello Belen,
Thanks for stopping by. To answer your question: YES, you can file the I-129F while living outside the US.
However, there are two things you have to be aware of:
1. There’s no direct filing the I-129F outside the US. All your fiance visa related paperwork to the USCIS must go to the Dallas Lockbox facility. Here’s the info: https://www.uscis.gov/forms/direct-filing-addresses-form-i-129f-petition-alien-fiancee
On this USCIS page, it clearly says that petitioners inside or outside the USCIS must mail their paperwork to the Texas facility. This means that you have to get it here somehow (perhaps have a family member or friend help you?)
2. Secondly, since you’re living abroad, you will have to show domicile within the US (if you’re filing the I-134) during the K-1 visa interview. Now, you mention that you work for a US-based company. That alone won’t be enough unless you can prove that this company is eligible for domicile requirements. Read the full guide here: https://www.visatutor.com/k-1-visa-i-134-domicile-requirements/ (coincidentally, I published this article just a few days ago). Use either one of the three options to help you prove domicile.
Hope this helps.
-Prem
I wanted marry my American girlfriend i am in love with her for the past five years i am a Indian 32years old and I live in India. i would like to go to USA with tourist visa once and come back to India then i would start applying for K1 visa. the point is my girlfriend is elder than me i mean 20 years. my parents like her she came once to meet me and family there is no problem with my family and her family as well. please tell me what should i do to get successfully K1 visa
Hello Anil,
You’re free to try a tourist visa but the probability that it’ll be approved is slim especially when you reveal that you have an American fiance. In addition, your age difference is a huge red flag. You will have to present some compelling evidence in your favor to support your case. It all depends on the proof of bona fide relationship. Couples with even larger age differences have been easily approved once they provided good proof. You will have to do the same.
-Prem
Well as you said bonafide our relationship and clearing redflag about age difference…? Could you please precise it clearly what you mean step by step . Before I apply for the K1 Visa I need to know it, in May I am going to visit her once I come back we gonna start K1 Visa
Hi Anil,
Well that’s a very complex question and there’s no straight answer to it. There’s no magic cure to “fix” red flags. It has to be a combination of evidences you show: like spending time together, visitation, photos, etc. All this evidence must show that you two are sincere about the relationship and want to get married.
I suggest you read up more on red flags here: https://www.visatutor.com/fiancee-k1-visa-red-flags-of-denials/ You’ll find some resources on this problem. But if you have a particular situation you’d like to ask about, we can discus it further.
-Prem
My fiancé has 2 children but only one has his last name the other is not declared in birth certificate. Will that be a problem when he goes to the appointment and they ask? Will he have to declare his last name to the other child?
Hello Stephanie,
For a K-2 visa, the parent is supposed to present a birth certificate for all children. Now, you say that the second child doesn’t have the father’s name on it? I’m not sure if this will be a problem. Does the child have a passport yet? what does it say there?
In summary, I don’t know if it’ll be a problem. I believe the intent is for the parent to show parentage of child, not necessarily that they have to have the same last name.
-Prem
Hello, i am currently working on my fiancé visa process and still waiting for a answer. When my fiancé comes we would like to have a wedding overseas. I know that he cannot go out of the U.S. unless he gets his green card, do you know how long does that process takes? Also is there any other way we can do to marry overseas? So glad I came across your website. Thank you for your time and help! 🙂
Hey Sarah,
I see you two want to get married overseas. Well, that’s a difficulty. You see, the K-1 is meant only for an unmarried fiance to come to the US and get married to the sponsoring US petitioner. Marriage outside the US voids the visa and the process. I’ve written more about it here: https://www.visatutor.com/can-k-1-fiance-marry-coming-us/
The second part of your question is how long must you wait. You are given the opportunity to apply for the Advance Parole when you submit the I-485 for adjustment of status. Typically this is approved 3-5 months after I-485 submission. And it’s allows you to travel outside the US while you wait for the green card. You can read more here https://www.visatutor.com/fiance-k1-visa-adjustment-of-status/
To answer your question, unfortunately, there’s no legal way you can get married outside the US and still have a valid K-1 visa. However, you’re allowed to hold any other ceremony that you want. Perhaps a reception party or some celebration outside. Does this help?
I’m glad my website has helped you. Please spread the word and feel free to contact me with any questions
-Prem
Thank you for answering.Sorry it was my fault I did not clarify my question. How long does the green card process take after the fiancé visa ? I want to have a wedding overseas. Once you get the green card you can leave the US as soon as possible right? Thank you once again! 🙂
Hello Sarah,
The process for a green card is the adjustment of status. Like I mentioned in the earlier response, you can see the timeline to figure out how long it’ll take. On average, the green card takes roughly 12-16 months after submitting your I-485 adjustment of status. https://www.visatutor.com/fiance-k1-visa-adjustment-of-status/
But you don’t have to wait for the green card to be able to leave the US. You can travel with the AP/EAD card. Which takes roughly 3-5 months after submitting your I-485. In reality, you can leave the US to have your foreign ceremony once you get your advance parole documents.
-Prem
Awesome ! Thank youu soo much for your time answering these questions! 🙂
I applied for a fiancé visa in August, and just waiting for the approval. It’s been 6 months now. He is from the Middle East does not have to do with the long wait time ? Any one is free to share any comments, is there anyone who applied in August ? And did you get a answer yet, how long did it take? Thank youu 🙂
Thanks Sarah,
Being from the Middle East unfortunately bears the burden of heavy review by US Department of State. Especially if the beneficiary is a male or educated/involved in security-sensitive matters. For example, some of my readers are educated in certain security-related backgrounds (chemistry, physics, security, cyber-security, etc.) and are “under review” by the US DOS and their cases take slightly longer.
I’m not saying it may apply to you. The fact of the matter is that certain parts of the world see more scrutiny than others. But, keep up the faith. Approval will come soon enough.
-Prem
Hi
My fiancé (US Citizen) has filed the I-129. I am British. We understand there will be a wait for it to be processed. Once it is granted my understanding is that we have three months to marry after entering the US. My concern comes from one of the questions already posted about leaving the US after entry under a K1 Visa. My question is – after getting married in the US is it possible to leave the US to either go on holiday or visit family? We have friend’s getting married in Europe next year and big family birthdays in the UK. Would I not be able to leave the US while my application for adjustment of status is being processed or until the green card has been issued? What about in circumstances of family illness or emergencies?
Thank you so much for you help. This is an extremely useful forum.
Hi Kathryn,
Yes, you’re right, after marriage you file the I-485 Adjustment of status. While your case is processing, you’re not allowed to leave the US because that constitutes your abandonment of the application. So, do not leave the US until you either get an Advance Parole (I-131) or your Green Card (I-551).
The advance parole is granted if you apply for it with your I-485 application. While your AOS is being adjudicated, they will send you a temporary EAD/AP card to grant you permission to work in the US and travel outside. This happens roughly 3-5 months after you submit your I-485.
So, in reality, you may be waiting 3-5 months after submitting your I-485 before you’re allowed to work/travel. I suggest you take a look at the Adjustment of status timeline https://www.visatutor.com/fiance-k1-visa-adjustment-of-status/
As a side note, since many people are asking this same question, I’ll write up a nice article explaining it in depth.
-Prem
Hi there,
I have a quick question for you. I was married when I was so young 11 yrs ago and brought my husband from back home. It didn’t work out and got divorced after a few years. But now I met my childhood friend and fell in love while I was back home for my cousin’s wedding. I submitted my I-129 but i was wondering if my previous marriage will affect my current chance. I was divorced over 3 yrs ago.
Hi Marta,
That’s a tough question and there’s no simple answer. There’s nothing that disqualifies you from getting a K visa for your fiance. however, as you already suspect, there may be some red flags that can get you in trouble. It depends on your situation.
I suggest you take a look at the ‘red flags’ page and see if you fall under any of them. Remember, even if you are, it doesn’t mean an automatic denial or problem. It just means you must be extra cautious stepping there. Proof of relationship is always best for these kinds of situations. https://www.visatutor.com/fiancee-k1-visa-red-flags-of-denials/
Also, you want to be sure that your case isn’t perceived negatively. You mention that you got divorced 3 years. That’s not recent, so I wouldn’t be worried about a past marriage being a deal-breaker. However, I still urge you to take a look at “quick relationship” red flag article and see if they can hurt you in any way. https://www.visatutor.com/quick-k-1-visa-relationship-red-flag/
These two articles I recommend are just suggestions. There’s probably more you need to look at. I think you should get into “research mode” and figure out what things can/may hurt your case and how to prepare for it.
Best
-Prem
Hi. I have always been a student. I have no employment experience. What should I write in the employment history on the form I-129F?
Thanks!
I forgot to say I am the beneficiary. Thanks!
Hey Andy,
That’s fine if you’re a student with no employment history. I see you’re the beneficiary. You two can simply leave it blank or write “student” under employer name.
-Prem
They received my i-129 on july 5 2017 for me to bring my fiance and now 7 months i haven’t received anything else? I am desperate to bring my man here to live with me im tired pf waiting. Is this happening to anyone else ???
Hi Stephanie,
Unfortunately, it’s happening to everyone. We’re seeing 6-8 months of waiting for I-129F processing and it’s getting ridiculous. The worst part is that we can’t do anything but wait for an answer. Just keep tabs on your e case status updates. Be ready to for the next step once you get an approval. That’s the best we can do for now.
-Prem
Thank you ! Next day after this post i received a letter from them saying that my fiancé needs to write a statement saying he intents to marry me within 90 days . I am excited but does this have to be notarized and does he have to send it to my country for me to send it with the letter they just send me ?
It doesn’t need to be notarized nor do you need the originals. It’s acceptable to scan and email a copy of the original to yourself and print it out.
But does it has to be signed??
Yes! of course. It’s a statement so it must be signed.
My case was approved after 6 months, now it is already 2 months and a week there is no update. Is this normal?
Hi Anna,
Have you gotten a notice from the NVC? or checked your status in the CEAC case status tracker? https://ceac.state.gov/CEACStatTracker/Status.aspx
Let us know what it says
-Prem
Hi,
Thanks for reply.
Tes, I tried but it doesn’t bring any data, it seems it doesn’t identify it.
A typical problem is choosing the wrong type of visa. Be sure “immigrant visa” is selected. Although, technically the K-1 is a non-immigrant visa. Give it a try
-Prem
I tried. That website doesnt work for me. There is some error.
Hi Anna,
I’m not sure what the trouble is with the website if it’s not giving updates. Your alternatives is to call (or email) the NVC and ask them about the status.
-Prem
I called the NVC . They didnt even receive it yet, and it is close to 3 months.. after approval
That’s a big Congregations… Just be patient, you will be contacted very soon, PR better still, visit the NVC website and contact them. I got most of my advice here too when I was doing mine and as I write this comment, I will be airborne to Texas in two days time. USCIS approval is about 60 percent your visa with you, provided you have and complete every other major requirements especially photos of two of you fog within the last two years. Congregations also in advance of your visa is less time to come.
Thank you. Hope I get some news.
Hello,
When I filed my i-129f form we were sort of confused about the I-94 form. Since we didn’t want to cause confusion because again we gave them her passports (which has her days of entry and exit) we did not submit the form. Do you think this can cause an issue or would they just ask us to send that in to them?
After some time passed my fiance looked into this and was able to retrieve that form, but in our minds at the time we didn’t really know what that was referring to.
Hi Caleb,
If your fiance has traveled to the US, then it’s important to submit evidence in the form of the I-194. If you didn’t, then it’s possible the USCIS may look up the records on their system or they may ask you to submit it. If I were you, I wouldn’t worry too much about it. Just wait to see if you get an RFE, and if so, then you can submit the I-94 records
-Prem
Hi,
I (US citizen) will submit the I-129F form next week. Can I visit my fiancée in Australia while we wait for the whole process to run its course?
Hi Pete,
Yes, you’re free to meet your fiance anytime. The k-1 doesn’t restrict any kind of travel. It’s up to you.
In fact, I think you have a great idea. You can wait with your fiance overseas. It helps with proof of relationship. You can also lend a hand when it’s time for her K1 interview.
-Prem
Does having a felony conviction automatically preclude a petitioner from being able to file for a K1 visa?
Hello Chris,
having a felony doesn’t automatically bar you from applying for a k-1 visa. Some, like the Adam Walsh Act convictions, are automatically disqualifying. However, the majority of convictions/records are exempt. Nonetheless, they still present problems. I urge you to read this article and take a look: https://www.visatutor.com/129f-k1-fiance-visa-criminal-records-petitioners/
-Prem
Hi Prem,
I am applying for my fiance to come here so we can marry, however he applied for a b2 visa in August 2017 and was denied, bc he could’t prove that he would return to his country. He was coming to visit for his brothers graduation in August. I went to visit in November for 2 weeks and we got engaged. We tried to marry while I was there but I had trouble obtain the no impediment to marry. However I was able to email the Embassy and was told to come for that document. we went to the court however the 21 day waiting was waved but I was scheduled to leave the next day and had to wait another 24 hrs for the paperwork. I was then told by the lawyer to just apply for him to come as a fiance. would any of this prevent him from getting approved for k-1 visa? also can he go for a medical exam before the interview? should I include that document in the paperwork?
Another question he lives in Kenya and doesn’t have a physical address , can i use his mailing address instead? they receive all mail at a p.o box. and the same for his employment he is self employed , he has a retail shop where he sells common goods like milk bread etc. so no address for that either? also should i put Na in places or just leave blank ?
Thanks
Hello Tina,
Having been denied a b2 visa doesn’t bar (or affect) a k-1 visa application. They’re two different “types” of visa. So, don’t worry about it affecting your fiance’s future chances of approval. You’re free to apply for a k1 visa.
A medical exam can only be conducted once your I-129F is approved and you’re scheduled for an Embassy interview. So, you cannot jump to it immediately. And you don’t need to include medical forms in the I-129f form.
I’m familiar with the situation, where in Africa, many nations don’t have a mail/address system and they rely on a postal address. That’s fine to use. However, for a home address, be sure to list the “most appropriate” address available. Check his official documents (such as IDs) to see where his home address is listed. You may use that.
The same answer goes for his work address. Don’t leave it blank. Be sure to input the most “appropriate” answer.
-Prem
Hello,
My fiancé (US resident) and I (UK Citizen currently living and working in Australia) are looking to get married at the tail end of this year.
If we submitted the visa forms ASAP, what would be the likelihood of a K1 being approved by late October?
Also in this time that the visa is being processed, could I visit the US? I currently have an ESTA and have plans to give her the ring in March of this year. Would I be stopped from entering even though the K1 visa is still processing and we can prove the wedding wouldn’t be until October?
Thanks.
George
Hello George,
In my best estimate, if you filed the I-129F immediately, you would probably be in line for an interview by the end of the year probably by October. Now, of course, it all depends on how well you prepare and submit the I-129f petition to avoid delays or denials.
You’re free to visit the US on an ESTA (as you read from this article), and the likelihood that you’ll be stopped at the border depends on a variety of things including how well you can convince them you’re here just to visit your fiance and will return to Australia.
However, my word of advice, you shouldn’t be committed to a particular date/time for your wedding. You see, you never know what kind of timeline your case has and if there are any hiccups along the way. Hope this helped. Does it make sense?
Cheers
-Prem
Hi
My fiance overstayed his tourist visa last year by about a month and was denied entry into the U.S. last week when e tried to return using that visa. We want to apply for a fiance visa, but we’re not really sure where to start. Can I do it online? Also in your opinion is it going to be hard to get a visa given his previous visa violation? Thanks
Hello Syndee,
Sorry to hear your fiance was denied entry. It’s because he overstayed his last entry. You can still apply for a fiance visa, however, at the time of the interview, you’re going to have to file for an inadmissibility waiver.
The Fiance visa is not done online, you must fill out and complete the I-129F packet and send it to the USCIS for approval.
Again, his overstay will be a slight problem because he violated a US immigration law. However, he can apply for an inadmissibility waiver when it’s time for his interview at the Consulate.
-Prem
Hi. The USCIS received our case for fiancé visa on July 17, 2017 and we haven’t heard the feedback until now. I’d like to ask if the embassy will deny us if they found out that my fiancé ended his 2-year job on December 21, 2017 and he hasn’t found a new job yet? I’m very worried because my interview notice will go first before my fiancé lands a new job. Please help.
Hi Arriane,
Having a job is not required for a K-1 visa approval. You don’t have to be employed. Although you need some kind of income/assets to prove that you meet poverty limits. Are you the US petitioner or foreign fiance? Depending on which one, it may not even matter what your current employment situation is.
-Prem
I’m the foreign fiancé. Thanks, Prem.
Well, in that case your fiance is the US petitioner. He needs to have an income/assets to meet poverty limits when it’s time for your K-1 interview. That’s when he’s going to fill out the I-134 Affidavit of Support. If he cannot provide enough income/assets, he can look into if he’s allowed to use a joint sponsor to do it in his place. Do you think he’ll have a job by the time you have the interview?
-Prem
Actually, he’s still applying jobs online and we’re hoping to get a new job soon prior the interview.
Also, he doesn’t want to ask help from others as for my support to get there. He has saved some money in his bank account and in stocks.
How long do you have until the interview? Maybe you two can manage to get a job and show enough income by that time.
Kumar, am I allowed to go to outside US for honeymoon after my arrival in San Francisco, once my visa approved and get married soon? This is about my Fiancé Visa application.
I’m worried that the US govt would allow me to go outside the country because it’s in the US immigration policy for fiancee visa that once an application got approved, he/she has to stay in the US for 2yrs. I’ve just heard about it from my friends wherein their loved ones doing the same way.
I don’t know what to answer with the case officer for my interview on April-May 2018. I just received my NOA1 on Feb 6, 2018 and we’re now preparing our documents for the interview stage.
Your quick response is much appreciated. Thank you.
Hello Arriane,
Unfortunately, your K-1 visa is valid for single entry only to the US. From the day you arrive to when you get married, submit the I-485, and get your EAD/AP card or Green card, you cannot leave the US. That may or may not be several months after arrival/marriage.
You may travel within the US freely, however, you cannot travel internationally for the time being.
The rule isn’t to stay in the US for 2 years. You can travel outside the US as soon as you get Advance Parole (i-131) or a Green card (i-551). The 2 year rule that you’re talking about is how soon after getting married you must renew your Green Card (i-751) removal of conditions.
My advice is not to plan a honeymoon internationally. Because no one knows when you’ll get AP or a Green Card before you can start traveling.
If/when the officer asks what your plans are: you simply tell the truth. If you don’t know, you don’t know yet. If you’ve planned something, let them know you’re planning something. Officers are well aware that this K-1 process is unpredictable, so they won’t require you to show them plans of a wedding or honeymoon, because not everyone does it.
If you have further questions or still confused let me know
-Prem
It’s not NOA1, it’s NOA2 that I received on Feb 6th. Your advice is very clear. Thank you very much for the help. My fiancé andI really appreciate answering customers’ doubts like us. Have a great day ahead.
Wow, wow, wow… I had my k1 interview on third of this month.
I really gathered a lot of knowledge from visatutor, Prem was always there whenever I email him.
Confidence, yes… Confidence as you answer the consular, I bet you are good to go.
Prem advised I make sure to see gave to face with my fiancee and I arranged our meeting in Dubai and that evidence shot my approval to me. I will say again, confidence is another key, don’t panic. In fact, there was a time I asked the consular to listen toe while I narrate all I have been saying cos she tried to play with my intelligence.
Hey Pita,
Wonderful news! And thanks for the interview tips
Hi Prem,
All our chat/texts on Viber are in Vietnamese. Do we need to have a certified translation for those screen shots that we would like to provide for our relationship proofs?
Thank you again,
Hello Alisa,
Most couples text/chat/email each other in a foreign language. The USCIS instructions in the I-129F say that all non-English documents must be translated. However, I feel that this translation requirement is more suited toward official documents and not so much the relationship proofs. Nonetheless, I advise most of my readers to self-translate a sample page. That way you’re not spending money hiring a translator and you’re not going overboard with a gigantic volume of text message translations. Let me know what you think about that
-Prem
Hi Prem ,
Im trying to gather all documents for my I-129F application. I just found out i lost my Naturalization certificate. Can i only provide a copy of my US passport pages?
Thank you,
Hi Alisa,
Yes, the US passport is perfectly acceptable to use in lieu of certificate of naturalization. Just make sure it’s unexpired and still valid.
-Prem
I understand that when you first apply for the K-1 Visa you need to send in the $535 with the packet. Now what about all the other expenses – will i be able to pay for those online when that time comes? Like for the application fee, the medical exam, the police records and so on. Then I have another question – if my fiancé was to get police records before the interview – is that allowable? is there a time frame that it is only good for? 6 months or a year?
Thank you –
Hi Darci,
That’s a great question about the fees associated with the K-1 process. For the most part, fees are not payable online for the visa, medical exam or police certificate. Each department that you deal with will have their own way of accepting payments. It’s not a central place where you can go and pay your fees. For example, when you have the medical exam, you will pay the physician for the exam. Whether this physician accepts online payment or cash is up to his/her practice.
You’re allowed to get the PCC before the interview. Generally there’s no “expiration” date on them. But two things affect the validity of your PCC. (1) although it’s not official, any PCC over 1 year is considered expired. (2) if there’s anything that happens between the time your fiance gets the PCC until the date of the interview (i.e. any criminal incident), your fiance will need to get a new PCC. Does this make sense?
-Prem
My fiance applied a petition for me and I applied for K1 visa. I have 2 kids. A 15 yrs old and 12 yrs old. They are included in my application t for K1- Visa. Is it possible that they can go with me as soon as I have an approved K1 Visa? We really need to go together because I have no someone trusted that to look after them.If not is there an another option like getting them a student Visa?
Hi Rosanna,
When it’s time for your K-1 interview, your children will most likely be present with you. Once you’re approved the K-1, your children will receive a K-2 visa each. Since they’re both under the age of 18, it’s not going to be an issue. However, just realize you’ll have to do their medical exam and police certificates in addition to your own. Read more about the K-2 visa on VisaTutor
-Prem
Hello There,
Im waiting my k1 visa interview but im worried about my previous(2015) b2 visa denial may effect me.
I also never mentioned my fiance on b2 the interview cos of she wasmy girlfriend not fiance back then.do you think some critical circumstances may bring ? How do i prevent it? Man! This is my life,im about to start a family.i cant afford there suspicion here and there overmy life! Pls help.
Thanks.
Hi Bruce,
Fortunately, a non-immigrant visa denial (such as B2 tourist) doesn’t affect your eligibility. All you’re going to be asked to do is bring the documentation of your previous visa application (according to the DS-160) to the K-1 interview. The officer may ask a few questions related to the previous visa application. However, it will not affect your eligibility.
You should’ve disclosed this to your fiance. However, it won’t affect your outcome now, either. Again, the main thing to remember is to bring all your paperwork from the previous visa application and answer any questions that the officer may have. Is there another reason why you’re concerned?
-Prem
The lady had her interview on the 15 of september in other words two months ago and still waiting for her visa is it normal to wait that long to get her visa now because it was much faster not to long ago. What is ur personal expiriance about this.
Thanks
Hi John,
You say your fiance had an interview several months ago but haven’t heard back. Well, did the officer say she was approved? or was something missing and the officer requested documents?
I would suggest you go to CEAC website and check the status of your case. It may be possible that your case is currently in Administrative Processing (A.P.) and they’re either (1) waiting on you to submit documents or (2) they’re still performing their review of your case. In which case, it may take as long as it needs to.
I do have personal experience and have worked closely with some readers who’ve gone through similar situations. Typically, unless the officers tell you that you’re denied, you have to wait until they finish their background checks. You should email the US Embassy and ask for any updates. Shoot me a quick email and we can figure out what could’ve possibly triggered AP.
-Prem
I am a RSO convicted 2004 1-count “lewd & lascivious acts 14
I plead no contest no jail or prison
5yr probatione 1yr Sex offense
I have no other conviction or police contact
I met the woman of my dreams 6 months online, I traveled to Thailand to meet her & she took pics to verify our meeting. We want to marry & I retained a lawyer to file K-129f Fiancé Visa the Lawyer will file K-129f this month my case is under AWA I was warned. Is there any possibilities for a successful outcome???
Hello Adrian,
It’s possible for Adam Walsh Act (AWA) cases to be approved – but being brutally honest, it’s a long shot. Most cases get denied and no recourse of appeal. The K-1 IMBRA rules are specifically designed to bar RSO and others with related offenses toward minors. Nonetheless, a great K-1 visa lawyer can work hard and get an approval. I’ve seen it happen. But, again two things must be working for you: (1) great evidence that you’ve “changed” and are no longer a threat to anyone. Supported by good character references and proof. (2) An experienced lawyer who can work with you to get results. Not just collecting his/her fee.
-Prem
Please note, this is my opinion, not legal advice. See full disclaimer