The following extensive list are all terms / definitions related to a Fiance K-1 or K-2 visa. For further information on what these terms are, see the rest of the website (put into the “search” field).

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Adjustment of Status (I-485)

Definition – A complete application, including supporting documents, filed by an immigrant to request Permanent Residency. This application is a combination of forms I-485, supporting documents such as an affidavit of Support, and evidence that the K visa couple has married within 90 days of arrival into the US. The USCIS reviews this application and passes a decision upon adjudication. The resulting permanent residency offers a “Green Card”, or form I-551.

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Administrative Processing (AP)

Definition – A temporary status of a K visa application where the Consular staff review a visa application for eligibility. Under INA 221(g), AP indicates that an application for a K-1 or K-1 visa wasn’t adequate in terms of eligibility or documentation. The Embassy normally provides a second opportunity to fix the issue. Applicants must send whatever documents the Embassy requests, or simply wait if the consulate needs more time to review. Typical reasons for AP are broken into two categories: (1) Missing eligibility documents such as a missing birth certificate translation; or (2) Not enough bona fide proof to convince them of a genuine relationship. There is a maximum of 60 days for the consulate to finalize a decision past AP.

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Affidavit of Support

Definition – Typically in form I-134 or I-864, it’s a formal contract between the US and a primary sponsor in which the sponsor assumes financial responsibility for the beneficiary seeking immigration benefits. An affidavit of Support is required for every K-1 or K-2 visa applicant and a K visa holder who Adjusts status to a Permanent Resident. The purpose of the form is to provide evidence whether or not the sponsor has adequate resources such that the beneficiaries won’t become a public charge.

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Alien Registration Number (“A-Number”)

A unique code issued by the USCIS, given to immigrants who have been in the US in the past OR those who are applying for immigrant benefits or a visa. This is similar to a permanent file number that tracks a particular immigrants history for a lifetime. A record of an A-number can be retrieved from any DHS, DOS, or USCIS letters.

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Beneficiary

A beneficiary is the recipient of an immigration benefit. In K visa procedures, the beneficiaries are a K-1 foreign partner (non-US partner) or any of his/her children applying for K-2 visas.

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Biometrics

Definition – an appointment where the USCIS or US Department of State requests the applicant to appear in person and submit fingerprints or photographs for background searches.

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Birth Certificate

An official form issued by a civil authority indicating where the birth occurred and details of the person. In the US, there may be a “long” or “short” form. Known as “vaults”, some of the US birth certificates may or may not be usable as proof of US citizenship during the K visa process. 

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Board of Immigration Appeals (BOIA)

Under the Department of Justice, this board oversees immigration appeals, interpretation of certain laws, and administration of decisions. When certain visa or Adjustment of status applications are denied, the BIA may be appealed for a review on the decision.

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Bona Fide relationship (Proof of Relationship)

Definition – a collection of evidence which demonstrates your genuine relationship. It may include various types of evidence, including phone records, chats, emails, discussion about the wedding, engagement, photographs, etc. The purposes behind submitting such proof are to prove to the USCIS or US DOS that (1) your relationship will lead to marriage; and (2) there is no immigration fraud or scam. This is required during the K visa interview, but also recommended to be included in the I-129F (“frontloading”).

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Case Number (NVC)

Definition – an alphanumeric code generated by the National Visa Center (NVC) issued to an approved I-129F petition. The code indicates the particular consulate which the case will be interviewed in and when this case number was generated.

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Case Status Online

An online service provided by the USCIS which allows a petitioner to monitor the status of an active immigration petition. It notifies by email if there are any marked changes to the status of the case including “approval”, “denial” or “RFE”.

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Certificate of Naturalization / Citizenship 

Definition – A formal document issued by the USCIS to verify that someone has US citizenship. A Certificate of Naturalization is issued to those who were naturalized as US Citizens after age 18. A Certificate of Citizenship is issued to those under 18 years old, who acquired citizenship through their parents. US-born citizens don’t have either certificates.

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Circumstances of In-person meeting

Question 54 of the I-129F form which requests an explanation surrounding the circumstances of how the petitioner and beneficiary have physically met one another in the preceding 2 years. It’s normally a written statement signed by either party to explain the way they’ve met and supported it with evidence.

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Class A or Class B conditions

If there are particular problems during the medical exam, the K visa beneficiary can be labeled as having either a Class A or Class B condition. Class A is a severe condition that’s inadmissible to the US (waivers are possible). The list includes: contagious TB, drug abuse or history, mental/physical disorders, etc. Class B is a condition requiring further evaluation or possible treatment before a visa is granted. The panel physician or civil surgeon evaluates such conditions under 212(a) and provides a report to the USCIS or US Embassy.

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Code of Federal Regulations (CFR)

Code of Federal Regulations, Section 214 (title 8) – the set of laws that regulate immigration and Residency.

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Consular Electronic Application Center (CEAC)

An online platform used by DOS worldwide to accept, process and organize immigration applications including K visas. It can be accessed to retrieve the status of a particular case. Status can read “At NVC”, “In Transit”, “Ready”, “approved”, “Administrative Processing”, or “Refused”

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Consular Officer

Consular Officers are American Foreign Service Officers (FSO) who work in US Embassies worldwide. Their duties are to assist American citizens worldwide and to protect American interests. More to our topic, they’re also responsible to adjudicate visa applications such as your K-1 visa. They coordinate the interview and will grant a pass or fail to your application. They are trained in various ways to spot fraud relationships and fraudulent documents. 

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Crimes of Moral Turpitude

Set of crimes that shock the mind. These include murder, rape, kidnapping, torture, fraud, robbery, etc. and are considered evil in nature and make you inadmissible according to the US immigration system 212(a)(2).

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Denial

A denial is issued by either the USCIS or US DOS to indicate that an applicant is ineligible for the benefit sought. This can be for the I-129F petition, the K visa application, or any other immigration benefit requested. The denial will come in a formal letter by the government. Typical denials for K visa applications are the 221(g) or 212(a).

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Domicile

Definition – a concept which applies to primary sponsors who live outside the US. In the I-134 or I-864 Affidavit of Support application, the sponsor must prove that even though he/she lives outside the US, “home” is still in the US. Sponsors may provide a variety of eligibility proof to support their domicile in the US. Proof include US passports, tax documentation, bank statements, etc.

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DS-160, Form

A “non-immigrant” online application that a K-1 beneficiary files to the USDOS prior to scheduling an interview. This completed application contains an applicant’s biographical information. There are about 19 steps which ask about all types of questions ranging from personal information, contact details, travel history, family information, education and work history, criminal background and a host of other questions. Some questions get into detail while others are basic. The ones dealing with travel history, especially to the US, are very important. 

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DS-2054, Form

During the K visa medical exam, this is a form filled out by a panel physician to list an applicant’s overall medical results and health. In here, they may classify the results as a Class A or Class B condition. This completed form is inserted into a final medical exam report.

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DS-3025, Form

A form indicating which vaccinations, if any, the K-1 or K-2 visa applicant have received during the medical exam. A lack of vaccinations may be waived for the K visa interview. However, it’s required for Adjustment of status (waivers available). A completed form is inserted into the medical exam report.

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DS-3026, Form

A form completed by a panel physician to explain the Medical History of an applicant and help evaluate previous mental, physical and psychological conditions. This form is part of the medical exam report.

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DS-3030, Form

A Tuberculosis worksheet, completed by a panel physician, to diagnose the presence of TB. This form is part of the contents of a medical exam report which the embassy reviews during the K visa interview.

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DS-5540, form “Public Charge Questionnaire”

A supplemental form required on a case-by-case basis to demonstrate that the incoming K visa beneficiary and children will not become a public charge. Important positive factors include having good finances and health insurance. The US Consular officers exercise discretion upon who needs to supply this form and officers decide on the outcome of the application.

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Evidence of Intent to Marry

A requirement in the I-129F instructions. It is any document(s) that prove the US citizen and a foreign fiance intend to get married. It’s usually a written and signed statement where the two parties promise to marry within 90 days of arrival into the US. Several common examples or templates are available to follow and prepare a declaration.

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Expedite Request

An expedite request may be made by a petitioner to the USCIS in order to request a quick processing time. The I-129F form is normally processed as a “first-come first-serve” basis. However, if a US petitioner can sufficiently demonstrate that an expedite is warranted for a particular case, the USCIS may exercise discretion to accelerate the processing schedule. Reasons for expedite include (1) severe financial loss to the petitioner (2) humanitarian reasons (3) of interest to the US government, or (4) clear USCIS error

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Federal Poverty guidelines (FPG)

A list of figures issued by the US Health and Human Services (USHHS) indicating which levels of income are considered in poverty. For the purposes of immigration, the requirement is to be above 125% of the listed figures for K visa sponsors. Some qualified military personnel may be subject to only 100%. When evaluating an Affidavit of Support, the USCIS and US Embassy compare the figures of the minimum to that of the sponsor. The USCIS uses form I-864p to publish these annual dollar figures.

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Fiance Visa (K-1 or K-2 visa)

Definition – a visa granted to an eligible beneficiary for the purposes of a single entry into the US and marriage to the petitioning US Citizen. A K-1 is granted to an adult beneficiary who intends to marry the US citizen. A K-2 visa is issued to a qualified child of a parent K visa holder who seeks to enter the US. The condition of the K visa entry is that the beneficiary will marry the US citizen within 90 days or depart the US.

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Fiance(e)

Definition – Fiance (male) and Fiancee (female) is any person betrothed to another for subsequent marriage. In immigration terms, an “engagement” is any couple who has met one another in the last 2 years and intends to get married. A formal engagement or ring exchange ceremony is not required for eligibility.

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Follow to Join

Definition – a benefit offered to K-2 visa children who wish to enter the US up to 1 year after the parent K visa beneficiary’s visa is issued. The timing may become important if the child(ren) are in school and want to finish their syllabus before departing for the US.

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Foreign Affairs Manual (FAM)

A formal manual followed by US Consular officers in embassies who adjudicate visa applications such as K visas. This manual instructs officers on how to adjudicate cases, lists procedures and proper steps, and how to conduct interviews.

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Frontloading Evidence

Definition – A common strategy employed in the I-129F form to submit an overwhelming amount of quality evidence to ascertain that the adjudicating USCIS or US DOS officer will consider the relationship of the K visa couple adequate and documented. This is normally done when preparing the I-129F petition or even during the K visa interview when submitting bona fide relationship evidence in the form of photographs, visitations, communication, etc.

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G-1145, Form

E-Notification of Petition Acceptance, a form to request the USCIS to e-notify the petitioner that a particular I-129F petition was received and accepted by the USCIS.

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G-325, Form (discontinued)

Now discontinued, this was once a required document for I-129F petitions to disclose biographical details about the petitioner, beneficiaries, and parents.

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Household Size

Definition – The sponsor’s household size is the number of dependents that the sponsor is financially responsible for, including but not limited to: children, spouses, dependents, or other immigrants for whom the sponsor has submitted Affidavit of Supports.

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I-129F Processing Time

The length of time the USCIS takes to make a decision on an I-129F petition. The time starts from receipt of the form to a USCIS Service center, to a subsequent decision (approval, denial). The average processing time is 3-10 months depending on several variables including, but not limited to: backlog, RFEs, and delays in mailing. Applicants may compare the average historic processing time with the posted USCIS estimated times.

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I-129F, Petition for Alien Fiance(e)

A form filed with the USCIS to begin the K visa process. Its purpose is to request the USCIS to recognize the relationship between the petitioner and beneficiary fiance for immigration benefits and approve the application. The packet is mailed to the USCIS and contains various supporting documents, fees, and statements. Petitioner’s must prove the couple has met in-person within the last 2 calendar years, in addition to demonstrating that the couple intends to get married within 90 days of the foreigner’s entry into the US. The USCIS’s task is to accept, review, and make a decision on the case at hand. The USCIS will only accept the current “edition” of the form. Expired forms may still be used as long as the edition date is accepted.

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I-134, Affidavit of Support

This form, along with supporting documents, are required at the time of a K visa interview to prove that the beneficiary and any K-2 visa children won’t become a “public charge”. This formal contract is signed by the US petitioner or a joint sponsor who’s willing to take financial responsibility for the beneficiaries. The income level of the sponsor is compared to the minimum Federal Poverty Guidelines, however, the use of assets is also allowed.

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I-797, Notice of Action (NOA2)

A formal notice issued by the USCIS to indicate the outcome of a specific I-129F petition, usually an approval. Also known as the “Approval Notice”.

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I-797C, Notice of Receipt (NOA1)

A receipt notice indicating that the Lockbox facility has received and accepted an immigrant petition. It contains an individually assigned “USCIS receipt number” along with biographical details of the petitioner and beneficiary. It also formally notifies that the application is awaiting adjudication.

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I-864, Affidavit of Support

A form filed to disclose a sponsor’s financial circumstances. It may be submitted to various US agencies, for instance to the USCIS for the Adjustment of Status application. This form, along with supporting documentation such as tax returns, helps the USCIS verify that the beneficiary has a sponsor through whom the beneficiary will not become a “public charge”. A separate form I-864p indicates which Federal Poverty Guidelines (FPG) the sponsor must be above.

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I-94, Arrival and Departure form

An official entry document issued by the CBP to indicate that a particular entrant was inspected at a Port of entry and allowed entry into the US. This is issued to both immigrants and non-immigrants and may be issued in a paper or electronic format. It is required when Adjusting Status to a Green Card.

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Immigration and Nationality Act (INA)

US immigration laws regulating immigration, adjustment of status, and other aspects related to entry / exit of people through US borders. In particular, the INA code for the K visa is 101(a)(15)(K). It clearly explains the requirements and guidelines for acceptance, issuance, and overall processing of all immigration-related decisions.

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Inadmissibility or Ineligibility

Definition – a series of conditions make visa applicants or Permanent Residency applicants not qualified for the benefits they seek. Common reasons for denial of a K visa include: health, public charge, criminal charges, immigration violators, unlawful presence, etc. These are categorized under the INA 212(a) list. There are waivers for some, but not all, of these inadmissibilities. 

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International Marriage Broker Regulation Act (IMBRA) of 2005

A set of guidelines that apply to Fiance K visa applications. It requires that US petitioners with certain criminal records or those who have met through an International Marriage Broker to comply and disclose various background information to the beneficiary before being approved the I-129F petition.

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Interpreter, Preparer

Definition – anyone, other than the petitioner or one seeking the benefit, who prepares the forms or interprets the questions (translates) to the applicant, is known as an interpreter or preparer. For the I-129F form, these preparers, interpreters, or legal representatives must fill out their contact information and signatures. The same applies to beneficiaries Adjusting status or requiring an interpreter during the Green Card interview. There are certain restrictions on who can be an interpreter, preparer or legal representative.

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Joint Sponsor

Definition – For either the I-134 or I-864 Affidavit of Support, an eligible Joint Sponsor is anyone who sponsors the beneficiar(ies) financially. This is common for US citizen petitioners who cannot sponsor one or all of the K visa beneficiaries themselves. They may employ the help of a family member or friend to sponsor the beneficiary on their behalf. To be eligible, a joint sponsor must be either a US citizen or legal permanent resident. The joint sponsor must also qualify with income or assets to overcome Public charge for the K visa beneficiaries.

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K visa interview

The K visa interview is the formal interview a Fiance visa beneficiary has face-to-face with a US embassy consular official. During this interview, the applicant must (1) Submit documents and show they are eligible for a visa; and (2) that they still intend to get married to the US citizen petitioner. Upon the conclusion of this interview, the Consular Officer makes the final decision to approve or deny a visa application. This interview is always held at a US Embassy or post, and must be scheduled with staff. 

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Legal Permanent Resident (LPR)

Definition – the status of an immigrant who may reside in the US legally and is authorized to work for pay, live, receive benefits, etc. indefinitely. A LPR holds a form I-551, commonly known as a “Green Card”, which provides verified identity of the person and their legal status. In order to obtain LPR status, an applicant must apply for Adjustment of Status and be otherwise eligible for LP residency.

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Lockbox facility

Definition – a preliminary facility employed by the USCIS which facilitates the receipt of incoming petitions for immigration benefits. The lockbox facility receives millions of petitions annually, organizes them, verifies signatures + payment, does initial processing of benefits before forwarding the full case to the USCIS for adjudication. For K visa applications, the Lockbox facility is in Dallas, TX.

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Machine Readable Visa (MRV) fee

A fee charged for the issuance of a K visa by the US Embassy in a foreign country. This fee is set in US Dollars and payable to the Dept of State before an interview or approval of a visa. At the time of writing, the cost is a standard $265 for each K visa applicant.

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Medical Exam

A medical examination is conducted on the beneficiary of an immigrant petition. The panel physician performs the exam to accomplish the following 4 tasks (1) check for communicable disease as listed by the CDC; (2) administer vaccinations as per the CDC requirements for immigrants; (3) check for drug abuse or addiction; (4) test for Physical or Mental disorder with associated harmful behavior. This report helps the Consular Officer compare the health of a K-1 or K-2 applicant to the “inadmissibility” criteria.

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Misrepresentation

Considered an immigration violation, 212(a)(6), committing misrepresentation means an applicant has now or previously been found guilty of lying, using fraudulent documents, and/or intending to deceive a US government official in order to get immigration benefits. Waivers are available for those qualify.

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Multiple Filer

If a US citizen has filed for a Fiance Visa in the past, he/she may be a multiple filer. An MP is anyone who has filed two or more I-129F petitions in the past in the last 2 years or someone who has filed more than 3 in a lifetime. A multiple filer must request a waiver at the time of the I-129F filing before being qualified to submit an application. A multiple filer with criminal history may need additional waivers.

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National Visa Center (NVC)

The agency, under contract with the US DOS, which performs several background checks and visa availability. Their other main objective is to process various immigration petitions and generate “case numbers” to each. Following processing by the NVC, an approved I-129F is forwarded to an Embassy or post abroad in the beneficiarie’s country.

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Notarization

A notarized document is one where a public notary or official certifies that the signature made was from a person who appeared in person and validated their identification. Some documents in the K visa process may be notarized, however, the vast majority don’t need to be.

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Panel Physician or Civil Surgeon

An approved panel physician (a doctor outside the US) or a civil surgeon (a doctor within the US) are the only approved physicians qualified to perform medical examinations on visa or Green card applicants. For K visa applicants, a panel physician performs the medical exam and generates a report for review and assessment by a consular officer during the applicant’s K visa interview. For Adjustment of Status applicants, a civil surgeon performs a similar medical exam for review by the USCIS.

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Parental Consent (K2 visa)

Parental consent is formal permission from the other parent allowing the K visa beneficiary to permanently relocate any minor children in order to emigrate to the US on a K-2 visa. The consent must be in the form of a custody agreement, legal court order, or written permission from the other parent.

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Petitioner

The US-based individual who files for an immigration benefit for a foreigner relative. In the case of a K visa, the US petitioner is the US citizen who seeks to marry the foreign fiance. The petitioner is responsible to submit the I-129F petition to the USCIS.

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Police Clearance Report

A report from any country’s civil authorities where the beneficiary has lived for a certain time. It contains criminal records, if any, of the beneficiary and it’s used to compare the beneficiary’s past to “inadmissibility” criteria, INA 212(a)(2). All K visa applicants need a Police Clearance Certificate(s) with the possible exception of young children. There may even be a need to get multiple PCCs depending on where the beneficiaries may have lived in the past. Each country issues a different styled PCC with different formats, information, and the type of criminal history that the Police department provides is up to their discretion.

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Port of Entry (POE)

Definition – Any airport, marine terminal or border crossing (such as driving into the US from Canada) where an immigration official, usually a CBP officer, may inspect the K visa applicant seeking entry into the US. Normally, during entry, the CBP officer reviews the applicant’s medical exam report, captures fingerprints, and briefly interviews the applicant about details before permitting the K visa holder to enter the US.

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Primary Sponsor

The qualified individual who is sponsoring the foreign beneficiary with an Affidavit of Support. In terms of the K visa process, the primary sponsor is always the US petitioner (citizen). A secondary sponsor, or a joint sponsor, may assist the primary in fulfilling the public charge evaluation.

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Public Charge

Definition – INA 212(a)(4), a long-held immigration law requiring the incoming foreign immigrants to be self-reliant or sponsored by a US-based individual. The purpose is to prevent any foreigners from becoming a financial burden on the US social system by using means-tested benefits such as SNAP, TANF, and so on. The government requires that sponsors who fill out the Affidavit of Support promise to financially support the K visa beneficiaries from becoming dependent on the US for sustenance. In order to assess the sponsor’s ability to support the beneficiary immigrant, the USCIS and US Embassy require the submittal of an acceptable Affidavit of Support. 

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Receipt Number 

This receipt number is an alphanumeric code generated by the USCIS to identify a particular immigration petition. In the case of I-129F petitions, it identifies the specific case being adjudicated. Applicants and petitioners may use this reference number to check the status of their application or make additional requests.

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Red Flags

Red flags are circumstances which make fiance visa cases look suspicious in the eyes of the Consular Officer. They may seem out of the ordinary for a genuine and typical couple or give a reason for doubt. These are mainly based on intuition and the officer’s gut feeling of a case. With proper proof of a bona fide relationship evidence, couples may overcome the burden of proof that they’re not circumventing the immigration system for a visa (i.e. no fraud involved). The common types of red flags include a big age gap, no shared language, different culture / background / religion, etc. 

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Request for Evidence (RFE)

A Request for Evidence is correspondence from the USCIS to request further information/documents from the US petitioner. This generally results from improper filing of application or missing documentation. The USCIS pauses adjudication of the application until the RFE is answered. There is normally a 30-90 day maximum response period provided. 

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Service Center (USCIS)

Service Centers are the US Government’s base of operation to adjudicate immigration petitions. There are a total of 5 Service Centers which oversee petition processing and four of the five adjudicate K visa petitions (including K3/K4). They are located throughout the country and their main function is to adjudicate petitions and make decisions on the I-129F petitions, waivers, or other appeals.

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Totality of Circumstances

Definition – “Totality of circumstances” are factors that consular officers use to assess if an applicant is likely to become a public charge. These include (1) Age – is the applicant of working age? What are the prospects for the immediate future? (2) Health – what about the beneficiary’s health? Will a disease be costly? unaffordable? (3) Family status – How many are dependent are reliant on the beneficiary? (4) Assets, resources, financial status – what are their financial resources? sustainable? (5) Education and skills – what are the beneficiary’s education/skills? is he or she employable? The combination of these factors help officers evaluate an appropriate decision for a K visa application.

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Translation

If a document is not in English, it must be translated into English with an accompanying certification from a “competent person”. Note that certain consulates accept documents in non-English languages based on their specific policy. 

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US Citizenship and Immigration Services (USCIS)

The agency responsible for all immigration-related matters with adjudicating benefits, overseeing naturalization, and Adjustment of Status. For K visa applications, the USCIS is responsible to review the I-129F for eligibility and grant a decision (approval or rejection). The USCIS is also responsible to authorize temporary work privileges or Advance Parole to travelers while awaiting adjudication. The USCIS also conducts Green Card interviews for married K visa couples.

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US Customs and Border Protection (US CBP)

The agency responsible to protect US borders and evaluate visas on arrival at a Port of Entry. For K visa entrants, the CBP performs background checks, reviews the medical report, captures fingerprints and interviews the K visa holders before allowing entry. The CBP also generates the I-94 form.

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US Department of Homeland Security (US DHS)

The department of US government responsible for many functions including immigration. It oversees all other immigration agencies including USCIS, DOS, CBP, etc.

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US Department of State (US DOS)

The agency under the DHS which oversees and operates visa processes worldwide. The US Embassy and Consulate operate under the US DOS to adjudicate visa petitions, interview applicants, and facilitate security checks necessary for approval. K visa applicants must interview with an immigration officer, under the DOS, prior to approval of a visa.

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US Embassies / Consulates / Posts

Branches of the US DOS which oversee visa application. They interact with applicants, obtain their applications, capture biometrics, perform interviews, and facilitate the visa process. They utilize USTravelDocs or AIS.USVisa-info for applications. Consular officers render a final decision on the visa application: approval, denial, or Administrative Processing.

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US Immigration and Customs Enforcement (US ICE)

Under the Department of Homeland Security, ICE is responsible to enforce immigration laws and decisions including and up to deportations, fines, etc.

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Waivers

“Certain immigration inadmissibilities 212(a) are waivable, using form I-601, while others are not. Among the following available waivers, Consular Officers exercise discretion regarding which they offer: 

1. 212(a)(1) Health grounds; depends on the prognosis. 
2. 212(a)(2) Criminal history; depends on the type of crime and severity.
3. 212(a)(3) Security related.
4. 212(a)(6) Illegal entrants and violations – 

   (c) Misrepresentation. May be a forgivable offense if the officer sees it appropriate.

   (e) Smugglers. Certain smuggling inadmissibility may be forgiven.

5. 212(a)(9) Aliens previously removed, overstays, applying to both overstays with 3 or 10 year bars.”

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Wet signature

An original signature made by the individual seeking an immigration benefit using a pen on an original document. The USCIS requires a wet signature on the I-129F petition (as opposed to a photocopied version containing the signature).

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