Top 10 Fiance K-1 Visa Questions & Answers for 2018
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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:
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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)
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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.
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So, there’s no point in asking how long it’ll take for your case. It’s similar for everyone. You can 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.
Click to share this with your fiance or friends on Facebook or Twitter
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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.
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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”.
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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.
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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.
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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. See the discussion on quick relationships being a K-1 visa red flags.
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. For a full in-depth discussion, see “are past divorces red flags for fiance visas?”.
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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.
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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.
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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.
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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.
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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…
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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…
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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.
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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”.
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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 (Is it worth hiring an immigration lawyer for the K-1 visa?).
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?
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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.
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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.
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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.
You can read about the other types of denials at the interview here at K-1 visa denials.
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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”.
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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.
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These were just 10 top questions — which ones do you have for your K-1 visa process?
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Recent Comments from readers…
Hi Prem, thanks for all the great advice on your site.
I have a bit of a dilemma regarding previous addresses. I am a UK citizen, fiance is American, but he was working in Cyprus for several years. I spent most of that time in Cyprus too, but would return to UK frequently and never got a residency permit for Cyprus. Since I was never a resident of Cyprus, should I put that address down (which proves I was living with my fiance, and was my main address), or a UK one, or both – a few months in one then the other? I don’t want this to cause problems, but I see that at the interview stage they require police checks from each country you have lived in, and since I was never a resident, I wouldn’t be able to get one for Cyprus.
Any advice would be greatly appreciated.
Hi Prem,
My case goes like this, while i visited the US on a B1/B2 visa for tourism in 2014, i met a lady who was a Legal Permanent Resident of the US at the time, since then we had been dating. I have had to renew my B1/B2 visa twice after we met and i had always declared that i know her as my girlfriend in all my applications (once every year since then). When asked the reason for my visit at the point of entry, I have always answered, ‘for vacation and to visit a friend’ as the reason for my visit and I have never been stopped.
My girlfriend has recently become a US citizen; she has visited me in my home country twice since we started dating as she is originally from same country as i am. On my visit in Dec. 2017, she got pregnant for me and had the baby in 2018 Sept. I visited at the time as well as my B1/B2 visa is still valid.
Now we have decided to start a home together and i now want to move over to the US permanently to be with her and our daughter.
My question, since my B1/B2 visa is still valid, can i just move over to the US and adjust my status or we have to apply for a fiancée (K3) visa since i now have the intention of immigrating to the US. Will appreciate your guidance in this regard.
Hello Alos,
congratulations on the birth of the child as well as getting started with the visa journey. Your options are to: 1. marry your partner and apply for a spousal visa, or 2. go for the fiance K-1 visa.
Your are not allowed to enter the US on a tourist visa if your intention is to stay and adjust status. That would be considered visa fraud. Instead, you will have to follow the correct channels and apply for an immigrant visa with either of the two options I’ve mentioned. That way you can enter as an immigrant and you can live here permanently.
Which route do you plan on going with?
-Prem
Hi Prem. Thanks for all the useful advise. Please how do we answer if we are asked, if we have any wedding plans? Thanks so much for all
Hi Kay,
Wedding plans are a good proof of relationship and proof of your future wedding. However, most of us don’t make them because we’re unsure when our partners are approved the visa. The answer to that question is simply the truth. You let the officers know whether or not you’ve made plans. And it’s perfectly acceptable to say that you haven’t made plans because you didn’t know how long the process would take.
-Prem
Hi Prem,
Thank you so much for getting back to me. To our surprise we just got today my Approval notice which we were not expecting until mid November so YAAYYYY!!
Congratulations! Di. That’s great news, you’re approved a month earlier than you expected.
Hi Prem,
My fiancé and I are currently in the process of obtaining my K-1 visa, we applied on April and are hoping to hear some good news in November. Right now I’m in the US with my B1/B2 visa and had absolutely no problems when entering the country, I wonder if it’s ok to stay in the US until I have an interview date and have to go back to my country (Colombia) for it. I am allowed to stay in the US for up to six months.
I appreciate your advice,
Diana
Hello Diana,
That’s great news that you had no trouble entering the country through customs even with your on-going fiance visa petition. And to answer your question, yes of course you can stay until your interview date. But keep in mind that you still have to go back to gather up your paperwork — including your medical exam, Police clearance and all others. Gathering these documents can take time, so you should plan to be in Colombia for maybe 1-2 months to prepare for the interview. I hope this helps,
-Prem
Hello Prem,
Does the USCIS conduct background checks on the beneficiary in there country as well or is it just from the police thing that you bring in. How recent does it need to be. cause my country is very slow I don’t want to be stuck .
Hi T,
The USCIS will check both the petitioner and beneficiary. However, the database against which the USCIS checks is different than the ones the NVC checks or the one the US Embassy checks. You are not required to do anything in this part right now. When it’s time to go for the K-1 visa interview, that’s when your fiance will get the Police Certificate.
-Prem
Hi Prem,
It’s been a long time not hearing from me. It’s been a crucial time for me during my medical, interview and seminar in the CFO. In my medical felt scared and nervous during that time. I repeated my x-ray. That thing bothered on me too much. Only to realized that the first x- ray was blurry. On my interview I got a ten items questions. But sad to say my visa was not approved immediately because I have a 221g documents. I don’t have a CENOMAR. Been explaining in the pre-screening window that I’m a widow and I handed them my marriage contract and death certificate of my late husband and I am very confident not to get a CENOMAR. It is issued only to every single unmarried men/women who are 18 years and above. Aside from that I used my maiden name in the petition and also in my passport and NBI. The consul told me during the interview that I have another name which is my married name. They need another NBI Clearance with an AKA. Those are my 221g documents. Upon submitting them they issued my visa. Another problem arose during my guidance and counseling. I submitted the required documents but I’m lacking of the divorce paper of my petitioner and my flight going to USA was 4 am of the following day. I’m fortunate that during my final interview in CFO they don’t asked for that divorce paper. Right now I’m here in the US for almost 2 months and got married last August 18. We went to the social security and waiting for my social security card within 2 weeks time. Next I’m going to file my permanent residency or adjust status. Thank you for the flowchart you’ve provided.
Once again Prem thank you for the big help in processing our petition in more than 5 months it was approved by the USCIS without any RFE’s. Your article is a great help to us. We didn’t hired any lawyer for our petition. We really appreciate your help and to those fiance/fiancee who wanted to go to USA.
Hello Mirla,
That’s fantastic news about the approval and that you’re well into your new life. I’m glad things worked out for you even though it took a few days and hassle with the K visa interview.
I really want to thank you for writing a descriptive review of your experience. I’m sure there are always going to be a few problems here and there with K-1 visa interview. But with proper encouragement and the right guidance, everyone can be approved.
Please keep in touch and let us know how the I-485 adjustment of status goes for you.
-Prem
Congrats Patty. This gives us hope. Please share your full interview experiences if you can.
Thanks
We are so happy because my k1 visa was granted 4 days ago :). It was easy, she only asked me 5 questions: how did you meet him ? How many times have you met him? Tell me about the wedding plans, have you lived in another country? Where are you from?.
My fiance decided to support me during the interview so he decided to travel to my country and the american officer congratulated us, she was so kind.
Hey Patty,
That’s fantastic news. I’m delighted to hear of your approval. Tell us more about your interview experience. Where did you have it? and what kind of evidence did you present? I’m sure we all want to know so we can prepare the same way.
-Prem
Hi Prem! Thank you for getting back to me. An update: my finance had emailed his local congressman and with a prompt reply, they have informed.us that UCIS is extremely backlogged and with RFEs in particular. We had an RFE that we were issued a couple months ago and we have sent what they needed overnight. Most of the delay letters the send out when inquiring about the delays in processing are usually form letters according to the congressman we spoke to. We are in backlog red tape hell so to speak so there is about a 6 month backlog they are trying to catch up on at the CSC (where our petition is) we are approaching month three of the six month time frame so fingers crossed we get some good news at some point..
This information may be useful to others here that fee like they barely in limbo. It makes me feel better knowing they haven’t forgotten about us and they are working hard to get us all approved.
Cheers guys!!
Hi Jennifer,
Thanks for giving us a heads up. I’m so glad you got in touch with the officials. The congressperson is usually the first stop to contact for info on the USCIS problems. I expected them to reply just like that — how the USCIS is backlogged and cannot do anything about it. And yes, I’m sure lots of us feel like life is in limbo. But it helps knowing that we’re not alone suffering. Keep us informed of what happens later.
-Prem
Hi Prem! Thank you so much for getting back to me and I am concerned as well! There is nothing that should be holding this up. He has and extremely common name first and last name and he had a dwai that was taken care of and cleared a few years ago so no other criminal background, no travel to a country that is flagged. He is squeaky clean, I am squeaky clean so I’m not sure.. Do we contact UCIS to have it escalated or the ombudsman directly?
I’m hoping for some food news soon and we got a new date for the wedding..
Will keep you guys posted!
Hey Jennifer,
I suggest you contact the ombudsman to have it looked at. It’s certainly past the time where you would wait for things to develop. At least with some intervention, you can get some answers. Please let us know the details once you do.
-Prem
So how do you answer I-129F form page 2, question 16.b then? I’m currently employed…
Hello CJ,
You will have to get creative. Either write it in by hand or type it in with a pdf writer. Either way, it’s not good to leave it blank.
-Prem
Hi again Prem! You have been so helpful so far in answering all of our questions and I have another for you or anyone that may be experiencing this. We had submitted a service ticket almost two months ago asking why we haven’t heard a decision of the pending i129f. They sent a letter stating that the are awaiting the security checks to clear..we have heard nothing since and it’s going on month two of being in security limbo( since time of ticket request to now) . We had to move the wedding date again for a third time now. Is the background check done on the petitioner at this stage or me the beneficiary?
What also would the next step be to escalate this to get someone on the case to find out what the holdup is with the FBI I assume?
I am really getting frustrated of the waiting and getting nowhere it seems..any info if we just just sit and wait or of we can escalate to an ombudsman to see what is going on?
We will be at a year in September still at the petition stage. Petitioner (finance) American and I am Canadian born and raised..
Getting discouraged now…
Thank you for all your info 🙂
Hey Jennifer,
Thanks for writing and letting us know your situation. To which I feel distressed. I mean 10 months already is a long time. If I were you, I would definitely escalate the request to an ombudsman.
To answer your question, I’m not sure what triggered the ‘security background’ search that’s taking so long. You know your case better than anyone — is there anything security related in your (both of you) background that the US government may be interested in? example: travel to disputed areas of the world? training in military? specialized knowledge/skill like a nuclear scientist? there’s a bunch of things that interest them during the background scans. So, you will probably be able to tell.
Secondly, I’d say you should rethink about the wedding date. This is a moving target, you never know when an approval will come. I hope you get answers soon. Keep us all up to date on your progress, Jennifer. Thanks
-Prem
Hi Prem,
Another question arise. If ever I pass the visa interview (I’m sure I can since I followed your advises, instructions and informations in Visa Tutor) it is required to attend the Pre-Departure Orientation Seminar? How and where?
Mirla
Hello Mirla,
I’m assuming that you’re referring to the Philippine requirement to have the CFO seminar? Once your K visa is approved, you’re going to have to attend a class and get the sticker. After that, you can fly out to come to the US. You will have to set up a date with the CFO after approval.
-Prem
Thank you for the information. Does my petitioner needs these documents to be mailed here or just send these to my email.
Hey Mirla,
Aside from the I-134 affidavit of support, nothing else has to be the original. So the documents are allowed to be electronically sent to you. You can print it out from your place.
-Prem
Hi Prem it’s very confussing about the affidavit of support in page 4, part 3, item no. 38 can you please explain this if my fiance will going to mark I intend to have specific contributions to the support the person (fiancee) and if I don’t intend to have specific contributions to the support the person (fiancee). Which is the best answer on this item.
Hello Mirla,
You may select “intend”. But, it usually doesn’t matter which option you select. The form I-134 is used by other visa petitions for which this question applies. Where others sponsors a foreigner and provides for their living expenses and all. For K-1 visa petitions, this question doesn’t apply because you’re not sponsoring their visit to the US. Actually, you’re taking full responsibility of them. So, this question doesn’t apply to us fiance visa applicants. You can write “n/a fiance visa petition”.
-Prem
Hi Prem,
Thank you for all informations and instructions you shared with us. Our petition was approved by the USCIS for
less than six months without any RFE’s. It’s simply because we followed your advise. I’m the beneficiary and waiting for my interview visa on 14th of June 2018. This week i’m going to undergo a medical examination. I’m worried if dental examination is included. I have problem in my teeth. They need a tooth filling. I’m planning to go to the dentist before my medical examination.
The US embassy in the Philippines sent a notification earlier that I’m going to set an appointment for my interview
visa which I did. They give me some of the requirements which I already prepared. But I’m curious about the Affidavit of Support which they didn’t mentioned as one of my requirement. My fiance has no notification from the NVC about the Affidavit of Support. Will I go for my interview visa without that document or shall I ask my fiance to send me that document.
Great News Mirla,
I’m so glad you got approved without a single RFE or delay. The best of luck on the 14th and please let us know how it ends up.
Regarding your toothache, typically dental is not considered for the examination unless there seems to be a severe problem. A tooth filling won’t count. But, it’s up to you to get if you want to get it sorted before the medical exam. Are you sure you will be able to talk at the medical exam once you got a tooth filling? 😐
The affidavit of support I-134 is required at the K-1 visa interview. The NVC doesn’t ask for it (Not for K-1 visa applications. For other visas, the NVC is responsible for it). You will have to get your I-134 and bring it with you to the interview. Do not go to the interview without it. You can learn how to fill it out here: https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/
-Prem
Thank you for the clarification.
Welcome Joe. Let us know how it goes after the birth of your child and which route you take
Hi,
I sent my form in and received the notice it’s in process. My fiancée is pregnant and base on the average timeline (up to 7 months), she might be given birth. If she did, how does that affect the the petition? Will I fill another one? How does having a kid while waiting for approval get handled?
Thank you
Hey Joe,
That’s a great question. If a child is born to a couple in the k-1 visa process, then there are two options (1) your unborn child may be a US citizen by birth because you (the US petitioner) are the biological parent. You will have to verify if you/your child qualify for US citizenship upon birth. If yes, then you can apply for US citizenship and a passport after he/she is born. In which case, no visa is required for the unborn child. (2) Your second possibility is to include the child within your fiance’s k-1 visa application. When you’re ready for the interview, you can inform the US Embassy that your fiance gave birth to a child. Then you can add on the K-2 application with hers. Don’t worry — this happens often and it’s nothing to fear.
Thanks for asking this question — I’m thinking of writing a whole big article on this question because I get this often.
-Prem