The 6 most-important factors for the Fiance K-1 Visa in 2020

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The most-important factors for Fiance K-1 visa approval can be distilled down to a few handful.

Before you start worrying about which color pen you should use to sign your name, worry about making sure you’ve got the right paperwork in order, you’ve got financials squared away, and you’ve handled critical red flags. 

And I share this wisdom with anyone who voices a concern for their K visa process.

One time, a young college graduate reached out and asked how should he provide evidence that he’s known his fiance since they were young. He’s got several years worth of proof, photos, text messages and so on. How much and what exactly does he submit?

I gave him a quick and crisp answer to his question, but also took that opportunity to ask him a bigger question which I felt he was neglecting: “Have you started working yet?”

“No” he said and continued, “I just graduated. I know I’ve got to meet the income and I’m trying to get my parents to do that”. He knew about the joint sponsor option– which I was glad to hear — but he wasn’t convinced that his parents would actually go with it. 

So, I told him to drop everything immediately and figure out his financials. The I-134 is extremely important for visa approval and should be his priority even though the interview was months away.

A while later, his parents did agree to help, but only after a prolonged effort. It turned out, they weren’t too happy about taking the risk, but they still came around in the end. 

But now, think back to his original concern of how many pages of proof he should have since he knew his for several years. Compare that to what his real concern should’ve been after we uncovered that his fiance visa was in jeopardy.

Those are the sort of rules for success you should follow. In fact, there are 6 big fish that dominate K visa approvals.

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Rule # 1 – Carefully select between a Fiance K-1 visa or spousal CR1/IR1

This first decision is probably the most important. It’s if you want to (or need to) apply for one visa category versus the other option. Understand the differences between the two options and what they have to offer. Here’s an abridged comparison between the fiance k and spousal visas:

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• ➤ Requirements – for a K-1 visa, you must be a US citizen. However, for the CR1/IR1, you can be a US citizen or a legal permanent resident. In addition, Fiance visa applicants must have met in the last two year face to face. While with the CR1/IR1, a recent face-to-face meeting is not necessary as long as you have a valid marriage certificate.
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• ➤ Processing time – An advantage of the K visa is quicker processing time of 5-10 months. The spousal visa CR1/IR1 goes anywhere from 14-24 months.
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• ➤ Cost – the spousal visa procedures cost less than the fiance with a rough estimate of $2,500 and $3,000, respectively.
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• ➤ Approval rates – statistics generally suggest higher approval rates in the spousal option versus the fiance visa.
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• ➤ Red flags – couples with red flags often see an easier time in the spousal visa path than the fiance visa. However, this is all based upon the strength of your proof of relationship. We’ll talk about this further below.
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• ➤ Work/travel after entry – The Spousal CR1/IR1 allows applicants to get permanent residency, travel and work permission right away. The fiance visa process generally requires waiting 4-6 months for the EAD/AP.

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So, before taking either route, understand the significant differences. Realize, that both the fiance visa and the spousal visa offer their unique advantages and disadvantages. They are suited for different couples.

But no matter what, each pursuit takes time, money, and emotional energy. You don’t want to jump into one of these halfheartedly and end up denied.

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Rule # 2 – Be meticulous with your I-129F Petition

The USCIS goes through your submission packets with a fine tooth comb. 

A good, concise and clean I-129F packet elevates your case to worthy of approval. That’s why all forms must be complete and accurate, all documents are submitted and details match.

Statistics reveal that 25% of I-129F petitions are denied annually. And in my experience and research, this is the result of unclear and incomplete paperwork.

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So, dot your i’s and cross your t’s. It’s important to make sure your paperwork is in order because there are a ton of other benefits of frontloading, preparing and organizing your I-129F packet that meets the eye.

To help you along the way, watch my step by step video on the I-129F instructions. It shows you the different parts for assembly, questions, and answers.

Remember, USCIS and US Embassy officers rely on your packet to check eligibility. Use a checklist to keep yourself on track.

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Rule # 3 – Pay attention to the I-134 Affidavit of Support

Prepare the I-134 Affidavit of Support form and documents to demonstrate that you’ve got enough financial strength for your fiance beneficiary.

Gather tax documents, W2 forms, 1099s, bank statements, paystubs– anything to show your current, stable finances or assets and prove your fiance won’t go on public welfare.

And that’s why the entire discussion is important in the first place. 

The I-134 has recently gotten more important after being rattled up by President Trump on the “public charge” rule. 

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The Public Charge concept says that all immigrants must be supported financially in the US — whether by themselves or through a US petitioner. The president made a huge fuss about this and pressured the US Dept of state to implement strict thresholds for approval (e.g. higher minimum poverty limits) so no one ends up on public assistance.

Realize, the I-134 was a big concern to begin with. But now, you’ll have to pay special attention. Understand the option of using joint sponsors or assets. Understand how you’re going to comply. 

And understand the totality of circumstances because it grant officers indefinite freedom to decide your case or interpret your situation… taking into consideration factors such as: Age, Health, Family status, Financial status, and Education and skills.

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Rule # 4 – Recognize how important the Fiance K-1 interview is

The Fiance K-1 visa interview is one of the most-important steps in your journey.

You must appear in person for an interview at a US Embassy. Hopefully, by that time, you’ll be armed and ready to show paperwork, demonstrate a bona fide relationship, and answer questions face to face.

Remember, this is the culmination of months of hard work, preparation, and waiting. A consular officer decides your fate while reviewing your paperwork and interviewing you. That’s why the K-1 visa interview is a really big deal.

In addition, it turns out that the USCIS places lots of faith in the decision that the Consular Officer makes during the interview because they know that officers have real-world experience in plucking out fraud. 

MOST decisions that the officer makes are taken at face value and not overturned. If the officer says you’re approved, then you’re approved. If they say you’re denied, even the USCIS will back them up and say you’re denied. 

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So, you should be very well prepared to impress officers during the interview. Have documents ready, have proof of relationship ready, rehearse your questions/answers and be prepared to address any last-minute issues should they arise. 

To help, here are the best tips for K-1 visa interview I recommend following to make sure your interview goes smoothly.

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• ● Tip # 1 – Follow up with the NVC to make sure they don’t forget about you.
• ● Tip # 2 – Discuss important medical-related questions to avoid a surprise denial
• ● Tip # 3 – Keep your DS-160 up to date with the latest and greatest information.
• ● Tip # 4 – If you foresee delays getting your Police clearance, begin early.
• ● Tip # 5 – Civil documents needs to be accurate. Make them your top priority.
• ● Tip # 6 – Get your translations/notarizations from authorities OR a competent person.
• ● Tip # 7 – if your fiance has travel history to the US, bring all supporting paperwork.

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Rule # 5 – Avoid stressful Fiance Visa myths

There are 7 recurring myths which stress a lot of applicants out.

Myths are “bad information” or misguided things people say. And it usually leads to us panicking unnecessarily that we’re missing something or going to get denied. (read the full list of fiance visa myths that get you in trouble).

Here are summaries of those top 7:

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❒ Myth # 1 – Submit lots of evidence to be approved

It’s not necessary to submit lots and lots of evidence to be approved. But still, many people stuff 500 pages of text messages in their I-129F packet thinking it’ll help.

However, this is the wrong approach because too much evidence makes you look untrustworthy, desperate, and delivers low-impact poof. It’s easy for the officer to look at a big volume of text messages, roll their eyes, and push it aside. 

Instead of all of that hard work for no benefit, you should focus on delivery high quality evidence. Think “primary evidence” over secondary proof of relationship.

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❒ Myth # 2 – A “high fraud risk” country means denial

“High fraud risk” is a popular term given to a country where people suspect they’ll be unfairly denied because of the prevalence of fraud in their country. 

This is a complete myth. I done the background analysis on the statistics and found no correlation. So, don’t complicate matters or stress out about things you can’t control.

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❒ Myth # 3 – They’re constantly spying on us

While it’s true that the US Department of Homeland Security can sieve through social media platforms and public records to dig up dirt on applicants, it normally doesn’t happen to fiance visa applicants. 

Social media vetting is normally reserved for high risk cases or suspected criminals. However, you shouldn’t allow that to get you sloppy or careless. Be sure your social media and your paperwork / proof are all saying the same thing.

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❒ Myth # 4 – small tips and tricks will get me approved

It’s easy to get caught in small tips and tricks for fiance visa approval. But tips like: use colored paper and bring a binder or photo album, are strategies that do little in the long run. They waste your time without adding any benefit.

Instead of spending precious time printing out 785 pages of whatsapp messages, focus on the three core ingredients for approval: paperwork, proof of relationship and preparations. 

In addition, when rehearsing for questions at the visa interview, realize they won’t trick to intentionally catch you in a lie. They’re just trying to verify if you are eligible for a visa.

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❒ Myth # 5 – The US Embassy is impossible to talk to

Many believe that the US Embassy sits behind a large, concrete wall where no voices, pleads, or requests permeate. Almost like saying it’s impossible to talk to anyone or get things moving. And this myth is voiced by those who have witnessed unfortunate, infrequent and negative experiences. 

But the truth is that it’s well worth contacting the Embassy with your problems. They’re responsive and often help to resolve issues directly… even while many of us get impatient and get politicians involved in fiance visa cases.

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❒ Myth # 6 – We’ll have problems at the Port of Entry with a K-1 or K-2 visa

Despite horror stories of Customs and Border Protection (CBP) officers looking through people’s cell phones and denying entry, it seldom happens to fiance visa entrants. 

Normally, officers will look through your medical report, scan your fingerprints and say “welcome” all within 25 minutes. 

It’s no use worrying about the possibility of problems, denial of entry or visa cancellation. Just be sure you’ve got all your documentation ready for a smooth entry.

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❒ Myth # 7 – Adjustment of Status I-485 is difficult

The Adjustment of Status (I-485) gets your foreign partner a Green Card as long as you’ve married within 90 days of entry into the US.

 Many fear this paperwork and procedure is just as difficult to do as getting a fiance K-1 visa. But in my opinion, it’s easier and less stressful to get permanent residency because you’re already accustomed to government paperwork, submitting evidence, and being patient by this point.

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Rule # 6 – Fix Red flags to improve your chances of approval

Red flags, if you’re unfamiliar, are circumstances that shed doubt upon the legitimacy of your relationship. Red flags can be things like: big age gaps, different languages, different cultures, or not having met family or friends, etc.

Red flags may spark a sense of fraud to officers who are in charge of interpreting your fiance visa case. Are you a genuine couple seeking to get married in the US? Or are you scamming the US immigration system for a visa and green card? 

Dispelling these misconceptions is your responsibility. You have to go out of your way to offer bona fide relationship to prove you are indeed a real couple.

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There are tons of common red flags, but let me pick a few randomly:

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Red Flag example 1 – Is my past divorce a red flag in my current fiance visa?

If you were previously married — either recently or even 20 years ago — does that affect your fiance visa? What if that past marriage was to a foreigner who got a green card and quickly filed for divorced? 

Past marriages are sometimes, but not always, seen to indicate potential fraud and a “green card sham marriage”. So, it’s important to compare if your circumstances have the markers used to match suspected red flag or scam cases.

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Red Flag example 2: I send money to my partner, is that good proof?

Only a few of us DON’T send money or gifts to our partners as a sign of love, companionship and trust. So, it’s odd that this would be a red flag. But there is a reason for that. Some couples send huge sums of money to one another, and to an officer, this may indicate money exchange due to a sham relationship.

For that reason, it’s a good idea to keep money out of the relationship. And if money is involved, you don’t necessarily have to volunteer and advertise this information up front if you feel it may be misconstrued. 

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Red Flag example 3: What if I divorced my ex while dating my current fiance?

Since divorces are often long and stressful in the US, many petitioners find themselves in a new relationship while divorcing or separated from their ex. (read dating your fiance while divorcing your ex).

This won’t impact the credibility of your K visa process as long as you show that there’s no deceit… that your current fiance is aware and still willing to maintain a relationship with you while you’re undergoing procedures. 

There’s a high probability that during the K-1 visa interview, officers will notice an overlap.

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The rules for fiance visa approval

These 6 factors affect your fiance visa case outcome. And I know it’s easy to get caught in details and lose sight of the big picture. That’s why it’s vital to remember the following:

First, be careful to select your route: whether it’s the K-1 visa or CR1/IR1. 

Then if you decide to go with the fiance visa option, be sure you’re meticulous with the I-129F paperwork. In addition, pay attention to the I-134 affidavit of support and how well you prepare for it because it’s important for the K visa interview — which happens to be the most important moment in your entire immigration procedure. 

Along the way, you’re going to be challenged by myths, mistakes, and wrong turns that slow you down. Steer clear of those misconceptions and bad information. 

And if red flags infest your case, be sure to address them head on because they directly impact how the Embassy officers interpret your proof of bona fide relationship.

For more guidance on your fiance visa, sign up for my email list and I’ll send you a free checklist and step by step guide to completing your visa process.

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How do I put my Fiance Visa (I-129F) application together?

Download my free checklist
(PDF) of the 14 documents 
you need in your I-129F 
for a strong approval

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