The K visa is valid for ONLY 90 DAYS. The couple MUST MARRY within that time or else the beneficiary (the person who is coming to the US to marry the citizen) will face termination of her visa and will have to leave the US.

To be eligible for a fiancée visa, the parties must prove that they have a good faith desire to join their lives together, and that their prospective marriage will not be for the primary purpose of obtaining the fiancée’s residence in the US.

The petitioner must also show that the parties met in person at least once in the two years immediately preceding the filing of the fiancée petition.  Proof of having met in person during that time may include affidavits, trip itineraries, plane ticket stubs, letters, phone bills, photographs taken of the couple together, or other evidence which would corroborate the personal meeting.  It is not necessary that the visits be frequent – once is enough.  But this requirement is strictly followed – even going over two days the two year time frame has caused the CIS to reject a petition.

Once the fiancée enters, the parties must marry within ninety days.  The CIS will grant the non-citizen fiancée permission to work at the time of her entry for the ninety-day period of her visa.  After the marriage, the fiancée (now a spouse) will be eligible for employment authorization while her adjustment application is pending. 

 Once you are married, we will prepare and file the adjustment of status application, leading to the adjustment interview and the Green Card.

Tourist visa applications have a very low success rate. Rejection rates exceed 95%. To obtain a tourist visa to the USA, a lady must show that she has sufficient ties to return to her country, such as a child not traveling with her, substantial assets, prior experience traveling to first world countries, a good job, and money in a bank.

Student visas have a higher success rate than tourist visas but have a considerably lower success rate than fiancee visas (K1 Visas). In addition, the student visa usually takes much longer because the applicant must take an English test in her home country (TOEFL Test) and then apply for and gain admission to a U.S. university prior to applying for a student visa.

To obtain a student visa, a lady must also be able to prove that she has sufficient financial resources to pay for one year of tuition, fees, room & board, and all other related expenses at the time of the interview at the U.S. Embassy. Without proof of financial resources she will be denied even if all the above criteria are met. She has no better than a 50/50 chance of success in any case.

In short, fiance visas (K 1 Visas) provide the best combination of high success rate, short processing time, and simplicity.

• You must be a U.S. Citizen. (If not, you must marry the lady overseas and bring her into the U.S. as your wife. This is a very slow process.)

• Both you and your fiancee must be legally able to marry.

• You must have actually met your fiance in the past two years, and can demonstrate the existence of a serious relationship between you. Photos of you and the lady together are required.

• You must demonstrate genuine intentions to marry your fiancee after she arrives in the U.S.

• Your lady must possess an international passport (as opposed to an internal, domestic passport or ID) at the time of her interview at the U.S. Consulate.

K-1 fiancee visa documents to prepare

U.S. citizens and their foreign fiance(e)s frequently use the K-1 fiancee visa to bring their loved ones to the U.S. The K-1 fiancee visa regulations state specific requirements that must be met before the foreign fiance(e) is permitted to enter the U.S.

Generally, the K-1 fiancee visa application must present evidence of the petitioner’s U.S. citizenship, the development of the couple’s relationship, the fact that they have met within the past two years, their status as two people who are free to marry, and their intention to marry within 90 days of the foreign fiance(e)’s arrival in the U.S. Provided that these elements are met, the foreign fiance(e) can enter the U.S. on a K-1 visa.

Processing times at the INS and the overseas U.S. consulates are lengthy as the INS receives thousands of applications daily and the U.S. consulates impose tighter security measures. As of December 10, 2002, over 210 visas were pending at the U.S. embassy in Moscow. These delays are difficult to endure for a couple in love.

In addition, the couple must factor in their time spent gathering personal documents for inclusion in the K-1 application. U.S. citizens will need to submit documents that may be lost or expired. In these cases, they will need to submit requests to other U.S. federal and local government offices such as the IRS for copies of records. U.S. citizens can shorten their own preparation time by obtaining the following documents immediately:

Birth certificate. U.S. citizens who are citizens based on birth in the U.S. can prove this by producing a copy of their state birth certificate. This can be obtained by calling or visiting their regional Office of Vital Records in the state in which they were born.

Naturalization certificate. If the U.S. citizen was naturalized but has misplaced his or her naturalization certificate, they can obtain a replacement.

U.S. Passport.

A US-citizen can also prove citizenship by including a copy of his U.S. passport in the K-1 application. 

U.S. income tax returns. The U.S. citizen will need to demonstrate that he or she has the financial resources to support the foreign fiance(e). This can be shown by producing IRS tax returns for the past three years. Contacting one’s accountant is the easiest method. However, if such records are unavailable, past tax returns may be requested from the IRS. Instructions on how to submit this request are available at http://usgovinfo.about.com/library/howto/htoldtax.htm

By securing these important documents now, the preparation of the K-1 fiance(e) petition will proceed much faster and smoother. The K-1 application process requires some homework; taking care of things now facilitates the process and brings the couple one step closer to being together.

Add A Comment:

Your Name(*):
Email:
Comment(*):
Enter characters from picture:

---

Previous page:

Next page:

Top