Top 10 Fiance K-1 Visa Questions & Answers

.

.

What if I told you that during my first few months in the K-1 visa process, I didn’t know the difference between the “petitioner” and the “beneficiary”?

The petitioner submits the I-129F petition. The beneficiary is the one who gets the “benefit” of a K-1 visa. It seems simple now, but back then I was too embarrassed to ask.

We all have these common questions in the back of our minds– and not getting them answered makes us uneasy.

I receive hundreds of emails a week from all over the world with similar questions like the ones I had. And I’m happy to point them to the right place. Here one example:

.

.

Marites was worried that her fiance didn’t get down on one knee to propose, and it’ll be considered a “red flag”– since it’s a fiance visa– it makes sense about proposing to one another, right?

But the reality is that a proposal isn’t required and an engagement ring isn’t required. In fact, an engagement isn’t required either altogether.

The interesting part is you might not even know you have these questions until you actually read them below. So, let’s talk about the top 10 typical questions and answers during our K-1 visa process that we all have. Starting with the question I get almost daily…

(In the end, drop a few questions of your own in the comments section below)

.

.

Question # 1 – How long does the I-129F process take? Why so long? Is there a way to ‘speed it up’?

It’s funny, I get two forms of this question daily.

The first is: “Hey Prem, I’ve read the processing timeline. It takes 5-7 months for most people. But what about MY case? How long will it take for ME?”

Answer: Sorry folks, when we say “most people”, it includes you. The timeline charts from the USCIS are for the majority of cases. Some can be slightly longer or shorter than what’s shown. But it, more or less, falls within that time frame.

.

.

So, there’s no point in asking how long it’ll take for your case. It’s similar for everyone. Read the full discussion on how to figure out your I-129F processing time.

The second question I get daily is: “Hey Prem, the processing table says I-129F visa petitions are being approved in 6 months. For me, it’s been 6 months and 1 day… should I be worried? Am I getting denied? Should I submit an inquiry?”

Answer: You shouldn’t be worried if it’s taking the average timeline. It doesn’t necessarily mean you’re getting denied. It means they haven’t gotten to your case yet. And yes, if you’d like, you can submit an inquiry.

But, if you’re just over by 1 day, then it won’t make a huge difference to inquire. Wait 2-3 more weeks and see if you get some update. If not, then go ahead and submit an inquiry. Because if you submit it several weeks later, the USCIS will probably take it more seriously than if you’re over by just 1 day.

I know it’s difficult to wait even 1 day extra for approval. The long processing times gets us impatient and we wonder if there’s a way to “speed it up”. Sadly, there’s no technique (except for an expedite).

So, instead let’s switch it around. To me, it’s critical to make sure nothing slows down your I-129F petition rather than finding a secret tip to expedite it.

The best way to do that is by avoiding mistakes. Typically, RFEs slow down your case anywhere from 14 days to 2 months. Add that to the normal 5-10 months of the timeline.

Here’s how to prevent I-129F delays and RFEs from the two main things that trigger them in the first place. You want it to be perfect so the moment the USCIS officer picks up your case, it gets processed quickly.

.

Question # 2 – What if I made a mistake in my I-129F packet forms?

Like one of my readers here, sometimes we make mistakes because we slip up or forget something.

.

.

One of the most-common reasons for RFE and delays is sending the wrong size passport photo, as Glen just made the mistake of doing.

If you spot a mistake in your I-129F form, or even in your paperwork somewhere, then you really have two options

.

(1) If it’s a typographic error (spelling mistake) on the I-797c, then you can send the USCIS a request to fix your form. This is primarily to tell them about some mistake they made (i.e. because of USCIS error). But I recommend you try this method even if YOU were the one to mess up. For example, if you misspelled your fiance’s name, then you can try to send a request for a fix. There’s no harm in trying.

.

(2) You must wait for an RFE to correct the error — if the USCIS spots it during their review process. In other words, I don’t believe you can tell the USCIS there’s an error in your I-129F filing unless they ask for a correction (RFE). Until then, you have to hang tight. This includes making an error in your paperwork or even forgetting to include the correct passport size photos like Glen, above.

.

Mistakes are the primary cause for Request for Evidence (RFE) that ultimately slow down that put us on the path to denial. Mostly it’s because we made the mistake. Other times, these mistakes aren’t our faults.

You see, the USCIS I-129F petition for a fiance visa is actually full of technical errors — things like unclear instructions or vague questions that force us to make mistakes.

I’ve documented 20+ of these, but let me give you just an example.

Go to the I-129F form page 2, question 16.b and look at where it asks you to provide your work history within the last five years. The last part says to fill out your “employment end date”.

.

.

Sounds simple enough. However, there’s no way to state that you presently work for this employer — which is the case for most of us. We currently work — so there’s no “end date”. How do we tell them that instead of putting a date on it?

Again, incorrect answers may causes an RFE, confusion, delays or even denial. That’s why you must carefully check the I-129F form and instructions. Be certain you really know what you’re writing.

Which is why I discuss some of the technical errors with the I-129F about the different mistakes, vague instructions, and contradictions I’ve found in the I-129F form.

.

Question # 3 – I met my fiance while we were undergoing divorce. Is it okay to file the I-129F as soon as it’s finalized?  

US divorces take a long time and burn people out. So, it’s not unusual for us to start a new relationship while we’re separated or undergoing divorce right before the K-1 visa process.

I agree– “why waste time for a divorce to finalize and then start a new relationship? Why can’t I start one right now?”

Many couples file their I-129F petition right after the divorce is finalized. And it’s natural to fear, is this “a Red flag? Will they think we’re not sincere because we’re jumping from a divorce to a new relationship?”

Let’s answer that fear. Technically, as soon as you’re free to marry (i.e. the day after your divorce is finalized and you’ve got the document in hand), you can file the I-129F for a fiance visa. There’s no waiting period.

.

.

Realistically, you’ve got to compare the timeline. Is this new relationship too fast? How much time elapsed between your first and this one?” These might be seen as a red flag. 

My advice is for you to be absolutely clear that you were separated from your ex-spouse with the full intent to divorce before you began your new relationship. That way there’s no question on your integrity during the K-1 visa interview.

To me, it’s important to clearly state that within your written statements. Additionally, you should mention that you and your fiance both knew about the ongoing divorce when you two began the relationship.

Of course, this questions pops into mind: does it harm your K-1 visa approval if you’re recently divorced or had an overlapping relationship?

No, not really. Again, technically you’re allowed to file the I-129F the very next day. But remember your timeline. A quick relationship may be seen as a red flag especially if there’s a confusing timeline and overlap. See “are past divorces red flags for fiance visas?”.

..

.

Question # 4 – What if the US petitioner has a criminal record? What about a misdemeanor?

If you haven’t noticed already, I don’t write/comment on criminal history for US petitioners too much. I don’t talk about it for several reasons.

The primary being that the USCIS rules for criminal history are very obscure. Most of the time, nothing is cohesive and laws are open to interpretation. And I won’t offer any advice if I’m not sure it’ll actually help you. Quite frankly — no one’s an expert on this.

I can cite some cases that have had similar criminal histories — and ended up with dramatically different results. The results (approval or denial of I-129F) is based on the USCIS officer’s interpretation of the rules and the strength of your arguments/evidence in your favor.

That’s a difficult pill to swallow especially if you’ve had some sort of criminal background before you file the I-129F petition.

.

.

But the good part is that most cases (except for Adam Walsh Act related convictions) are not automatic denials. For the most part, we just have to submit certified documents from court showing the past convictions, results, arrests, police reports, sentences, and any therapy.

This is somewhat explained in the IMBRA policies. In which petitioners with certain convictions (criminal background) are regarded as risky partners to K-1 visa fiances. So, if you have a history of violent offenses, assaults, domestic assault, sexual or drug abuse, then you must disclose these details to the USCIS.

Keep in mind that simply being arrested or charged with a crime means you must comply. Even though you were later discharged, exonerated, or your case was closed, expunged, etc. for a criminal offense. 

My best advice is for you to gather up all the documents related to your previous criminal history, write a summary statement, and then send it within your I-129F packet. It’s probably better for you to take the extra steps to get all court documents, police reports, etc. rather than risking the USCIS getting “hits” from their own criminal search and then suspecting you of hiding facts.

.

Question # 5 –  My fiance was denied a US tourist visa, does it harm our K-1 visa chances? What about other types of denials?

Past B1/B2 visitor visa denials (or most other visa denials) usually don’t affect your K-1 visa negatively unless there was some sort of inadmissibility. A similar rule applies to ESTA.

It’s fine if your fiance went to a visa tourist visa interview and was denied after saying “I’m going to visit my fiance”. That’s because almost everyone is rejected for no “strong ties to home”.

Consular Officers normally suspect that you got tired of waiting for the K-1 visa, and plan on getting married in the US with a tourist visa. That is why many K-1 visa couples get rejected for visitor visa.

.

.

And it’s usually not a problem for future K-1 visa applications. Not unless there was some inadmissibility or ineligibility involved. In other words, there’s been some past immigration violation. Those can bar you from the US or be automatic denials for future visas.

The things that can get you barred are: (1) Inadmissibility or ineligibility – for lying (misrepresentation) or hiding materials facts. (2) Using fraudulent paperwork during the application or interview process (3) past overstays or bans, deportations, etc. from within the US.

A similar rule applies if you’ve gotten refused entry by Customs and Border Protection. Lots of times people get denied entry even with a legitimate tourist visa. Does it harm your future K-1 visa process?

Again, the answer is the same — it depends on if you’ve had some sort of inadmissibility or ineligibility. And this applies to most other types of visas: student, visitor, exchange, athlete, etc.

Read the full discussion on how past tourist visa denials affect K-1 visa cases.

.

Question # 6 – Can we get married before entry with a K-1 visa? What’s the harm?

Interesting question, right? If the whole point behind the K-1 visa is to get married, what’s the harm in marrying before entering the US on a K visa? After all, you were going to get married anyway…

The answer is a flat – NO. Even if your K-1 visa case is pending or approved, marriage outside the US is not allowed.

This might be especially hard to accept if your traditional culture prohibits an unwed man/woman from leaving home. And you feel pressured to have a wedding before departing your country.

But, keep in mind the requirements of a K-1 visa: to be eligible, you must remain unmarried before entry to the US to get married to the US petitioner within 90 days.

Don’t get impatient with the long wait time like one of my readers here. I encouraged her to stay the course…

.

.

That’s because getting married before coming to the US is not allowed and this includes any kind of marriage: religious, cultural, or civil. If you do get married, then you have to withdraw your K-1 visa application or I-129F, and start fresh for a spousal visa. Which means the months you waited and money you spent are all gone out the window.

Don’t lose heart though because there is a remedy. You’re allowed to have “small events” to celebrate during the K-1 visa process. However, you must keep it short and simple — nothing that resembles marriage. Read the full discussion: can you marry before entering with a K-1 visa.

Now, don’t be tempted to ignore this advice and take the risk of marrying. If caught, you can be denied the K-1 visa at the interview. And if you manage to slip by there, you will be caught by Customs during entry when they question you. Trust me, they have their ways of finding out…

.

Question # 7 – If I don’t make enough money for the Affidavit of Support (I-134), what can I do?

The US Consulate wants to see that the beneficiary (your foreign fiance) will be taken care of financially in the US. You should probably have a job with a high enough income during this time (Do I need a job for the k-1 visa?). That way you don’t run into trouble.

However, if you can’t afford to financially support your fiance, then it’s called a “public charge” inadmissibility. Which leaves you with two options to avoid denial: (1) use assets if you don’t have enough income to make up the difference, or (2) use a joint sponsor who meets the minimum income requirements as set in the I-864p.

.

.

Most of time, you’re going to use a joint sponsor to help — mom, dad, uncle, or sibling, etc. But, there’s two things you must keep in mind when using a joint sponsor.

.

(1) Not all US Embassies allow joint sponsors to help. For instance, the Philippines US Embassy in Manila is known to only allow joint sponsors on a case-by-case basis. So, you need to stop by the Embassy’s website to find out if they allow joint sponsors. Most of the time, they do.

.

(2) The US petitioner is always the primary sponsor even if you’re using a joint sponsor. Therefore, some US Embassies may require you to still fill out the I-134 and submit it along the interview even though it’s not meeting requirements. So, as best-practice, the US petitioner should always fill out the I-134 with supporting documents just in case they ask for it during the interview.

.

And don’t worry, using a joint sponsor doesn’t reduce your chance of a K-1 visa approval.

Although the Embassy prefers the US petitioner be the financially responsible one, for a lot of people a joint sponsor is the only way to get approved.  Read about the I-134 form for the K-1 visa interview where you can also learn about using your assets to help “make up the difference”.

.

Question # 8 – How long do they take after you respond to an I-129F RFE?

I remember getting an RFE for some odd thing when I submitted my I-129F — something about not checking a box. And I remember getting very angry at my lawyer for messing it up so badly.

I also remember that once I sent back my RFE response, I worried it was going to take a long time to get them to respond. Because I had already waited 8 months to hear back from the USCIS. How much longer would it be now?

.

.

You’re probably on the same boat, right? Well, fortunately the average time for the USCIS to receive and process your I-129F RFE response is fairly quick. In my experience, it’s anywhere from 1-2 weeks. That’s because they’ve actually got your file open right now and they’re waiting for you to respond so they can continue.

So, if you’ve gotten an RFE and you sent the response back, then it’s time to be optimistic.  Your case is currently being adjudicated and you’ll see a response soon. Just be sure to give them what they ask for.

.

Question # 9 – I got a 221(g) letter at the visa interview. What is this? Did I get denied?

During the K-1 visa interview, it’s possible to be denied for three (3) reasons.

The first is if you don’t provide enough paperwork evidence to show that you’re eligible for a K-1 visa.  For example, imagine you didn’t bring your birth certificate to help prove your identity. For that, the Consular Officer would issue you a “denial” 221(g). This is sometimes known as the “blue slip” or “pink slip”.

In this letter, it’ll say that you should submit the birth certificate (perhaps even a translation) to them as soon as possible. Following which they will continue to review your case.

.

.

Think of this as a “temporary denial”. It’s temporary because the Officer can approve you, however, they’re waiting for you to submit some documents before they do. So, consider yourself lucky that you’re given an opportunity to fix the error.

In almost all cases, you just gather the documents they’re requesting and then send it to them. It’s as simple as that. And usually once you do, they respond within a 1-2 weeks time frame. Then you can check the CEAC website for the updates.

But for some rare cases, the Embassy may take months to respond. Those are usually for cases that have some kind of security/criminal issues involved. But for most people, the response time is quick.

Read about other types of denials at K-1 visa denials.

.

Question # 10 – What if they find something wrong in the K-1 visa medical exam?

The medical exam for your K-1 visa interview checks for some basic things — physical health, mental health and blood works. Most of the time, people have no issues with this part of the k-1 visa process.

But others can get into a bit of trouble. Whether it’s an existing condition that you’re worried about or something they picked up during the exam, let’s talk about how it affects you and what you need to do.

First of all, there’s only a particular set of conditions which are checked. Some STDs, mental health, drug abuse, etc. not all of which are automatic denials. In fact, many diseases are not even checked.

For instance diabetes or high blood pressure isn’t a concern unless it’s severe. In that case, they might make an exception. But most chronic illnesses aren’t an issue.

The other issue is if you decline the optional vaccinations — which is no problem, but you have to keep in mind that later on (during the I-485 AOS) you will need to revisit this.

The worst problem in the medical exam is to have a “Class A” or “Class B” condition. Class A or B conditions are anything which are a “threat to  to the property, safety, or welfare of the alien or others”.

.

.

Let’s take Tuberculosis, for example. If the X-ray picks up scar tissue on the lungs, then it means you have to see a specialist for further testing.

If that specialist finds you have active and contagious TB, then you’ve got Class A Tuberculosis. If you have inactive TB and not contagious, then it’s most likely Class B. But if they suspect you have TB (and not confirmed by tests), then you’re still Class B.

The entire process is complex if you get flagged with a medical problem. Every disease/condition is treated differently. So, the best I can say is to work with your physician on how to get treated. For example, TB treatments can range up to 6 months. Sometimes they refer you to a secondary professional or specialist.

.

These were just 10 top questions — which ones do you have for your K-1 visa process?

.

.