Wednesday 15 June 2011

Can You Marry Your Fiance Without K1 Visa?

One of the most commonly asked question on K1 visa is whether you can marry your fiance(e) without a K1 visa. Can your fiance(e) travel to the United States on other visas and get married while waiting for a K1 visa? Or can your fiance(e) simply get married to you without even applying for a K1 visa?

Pertaining to the last question, if you are already married with a foreigner, then you will need to apply for a K3 visa - the spouse visa. Else, the answer to all the above questions is NO!

Applying for K1 visa is a long and arduous process and thus, some couples may try to hasten this process through other methods. The fiance(e) enters the United States as a visitor, business trip, or even as students. The couples get married and the fiance(e) apply to become a permanent resident. The green card is issued and they live happily ever after...that is until the authorities deport the foreigner back home!

You have to understand that United States visas are very specific in nature. There are terms and conditions to its uses. For business trip, the foreigner has to apply for B1 visa. For studying in the United States, the foreigner applies for F1 visa. For getting married in the United States, the foreigner applies for K1 visa - also known as the marriage visa. There is a whole list of visa types from A to Z - each with its own unique purpose! To use the visa beyond its stipulated purpose is considered committing fraud against the U.S government. Anytime the authorities or state department discover this fraud, they will not hesitate to take action against the offender.

Technically, there is nothing preventing you from doing so. You and your fiance(e) can get married in the United States while he/she is on social visit. Your fiance(e) get even get a "permanent resident" status. However, anytime this fraud is discovered, your fiance(e) will be deported back home and may even be barred from entering the United States!

With such serious penalties in mind, you must act within the legal limits. Applying for K1 visa is a long and arduous process as you and your fiance(e) will be separated for at least 6-8 months while waiting for the K1 visa to be issued. However, you risk wasting more time, money and effort if you try to pursue other illegal methods to hasten the process.

If you are looking to apply for K1 visa, follow this step-by-step K1 visa guide. If you still have doubts and quires, refer to this list of common K1 visa questions now.

Monday 13 June 2011

K1 Fiance Visa - Start Your Life With Loved Ones With K1 Visa

If you are a U.S citizen looking to marry your foreign fiance(e) in the United States, you will need to apply for a K1 visa. K1 visa, also known as the fiance visa, allows your fiance(e) to enter the United States for the purpose of marriage. The visa is a non-immigrant, single entry visa that last for 90 days upon your fiance(e) entry into the United States.

However, the process of obtaining a K1 visa is tough because it entails tons of paperwork and long waiting time. A single mistake or hiccup during the application process will delay your hopes of being together with your loved ones as soon as possible.

To qualify for a K1 visa, you must first prove that you are a citizen of the United States and you and your fiance(e) have the capability to financially support each other in the United States. You and your fiance(e) must also be legally free to marry and must have met each other in person within the last 2 years prior to filing for the K1 visa.

After satisfying the above basic requirements, you may then initiate a petition for a K1 visa for your fiance(e). The petition will be reviewed by the United States Citizenship And Immigration Services (USCIS) and if approved, it will be sent to the U.S embassy of your fiance(e) country. From that point onwards, your fiance(e) will submit the necessary documents requested by the embassy and will have to attend a medical check-up. Lastly, your fiance(e) will attend a visa interview which will ultimately decide whether the K1 visa will be issued to him/her.

As you can see, the process is relatively straightforward. However, the crux lies in submitting accurate and complete information to the reviewing authorities. The most common cause of K1 visa denial is due to incomplete or fake information being submitted. Issues such as criminal records, illness and even poor English skills may also play a part as serve as a basis for visa delay or denial.

The K1 visa is valid for 6 months upon issuance. Upon entry into the United States, the visa will be activated and is valid only for 90 days. Thus, you and your fiance(e) will need to get married within that time period. No compromise will be given as the visa cannot be extended and your fiance(e) will be deported if he/she does not marry you within the this prescribed time.

If you are looking to apply for a K1 visa, follow this step-be-step K1 visa guide now to ensure complete and accurate filing of visa application.

K1 Visa Application - How To Apply For K1 Visa

Is your fiance(e) a foreigner? Do you intend to get married and live in the United States? If so, then you will need a K1 visa. K1 visa application can be a very complicated process as there is a lot of paperwork involved. Very often, applications are delayed or denied due to insufficient information provided. If your applying for K1 visa, follow these steps:

I-129F Petition

The first step begins with the I-129F petition. The form itself is self explanatory and will ask for basic information such name, date of birth, address, etc. All these information should be known to you and you should have no problems filling out the questions. The important thing however, is the supporting documents accompanying the I-129F petition.

Some petitioners submit their application without realizing that they also need to provide the relevant documents to support it. This mistake often results in their application being delayed or even denied. The following items should be provided together with the I-129F petition:
  • Signed statements from you and your fiance(e) declaring the intent to marry
  • Documentary proof of having met in the past two years (photos,etc)
  • Passport size photo of you. Passport size photo of your fiance(e).
  • G-325A form for you. G-325A form for your fiance(e). The G-325A provides biographic information of the individual.
  • Documentary proof that you are a U.S citizen (birth certificate, passport, etc)
All these documents should be sealed together with I-129F petition and sent to the United States Citizenship And Immigration Services (USCIS).

Waiting Game

Once you have submitted the package, the waiting game begins. Waiting for approval from the USCIS takes up a huge majority of the time in applying for K1 visa. The entire review process can take up to 4-5 months!

Once everything is in good order, the USCIS will send you a notification informing you of the approval. Your petition will now be handed over to the U.S embassy of your fiance(e) country.

Visa Review

The U.S embassy will send your fiance(e) a package containing all the forms that needs to be filled up. Your fiance(e) will also have to schedule a medical examination. Once all the forms are submitted, your fiance(e) will have to attend a visa interview which will decide whether to award him/her the K1 visa. If everything proceeds smoothly, the application will be approved and the K1 visa will be issued to your fiance(e).

With the K1 visa, your fiance(e) may use it to enter the United States within 6 months. After gaining entry, you and your fiance(e) will have 90 days to get married. Failure to do so will result in him/her being deported.

As you can see, K1 visa application need not be difficult. If you are able to provide all the necessary information, your petition will be flawless and will be approved without any delays or rejection. Use this K1 visa checklist now to determine whether you will be successful in your K1 visa application.

K1 Visa Denied! Lesser Known Facts About K1 Visa Application

Is your fiance(e) k1 visa denied? Have he/she fulfilled all the requirements? The sense of indignation as your k1 visa application for your fiance(e) gets rejected. While there is much information on how to apply for k1 visa, there are also some lesser known requirements that is not so well publicise.

The basic requirements of k1 visa is the need to prove that you and your fiance(e) have met for the past 2 years, and that both of you are legally free to marry. However, there is also a requirement on your financial status - a requirement that is not well known among applicants.

In order for your k1 visa to be approved, you and your fiance(e) must prove that your income is above 125% of the national poverty level. This is done through Form-I134, affidavit of support. The purpose of this requirement is to prove to the U.S government that your fiance(e) will not become a public charge. Being a public charge means being dependent of the government for long term financial aids or medical care.

To prove that your fiance(e) is not at risk of becoming a public charge, your fiance(e) will have to prove that he/she is able to financially support himself/herself. You can also prove that you are financially capable of supporting your fiance(e) should the need arise. To prove all these, you can submit evidence of past work history and future work opportunities. Documentation such as tax returns or bank statements should also be submitted.

So what happens in the event that neither you and your fiance(e) are able to support each other financially? In that case, you will need to find family members or friends to fill out Form-I134 and to prove that they are willing and capable of providing financial support.

Apart from financial stability, another unwritten requirement of K1 visa is the proficiency in English of your fiance(e). Very often, poor language skills from your fiance(e) can result in K1 visa being denied. This aspect is tested during the visa interview. The interviewing officer will pose some questions and how your fiance(e) answers them will give an indication of his/her English skills.

If your fiance(e) is not able to communicate effectively, the interviewing officer will have every reason to doubt your relationship. The relationship may not be bona fide and it is likely that you and your fiance(e) are not communicating effectively and do not known each other well enough. Lack of English skills will also mean that your fiance(e) will not be able to integrate into the society.

The above are the 2 lesser known requirements about K1 visa application. Before applying for K1 visa, it is best to learn more about the common questions regarding K1 visa so that your application does not get rejected and all your time and effort wasted!

K1 Visa Application and General Guideline

The k1 visa allows your fiance(e) to enter the United States so that both of you can marry and live together in the United States. To apply for a k1 visa, you and your fiance(e) must be legally free to marry. The following are the legal requirements for k1 visa:
  • Lawful citizen or of the United States Of America. Permanent residents are not allowed to apply for k1 visa.
  • Met your fiance(e) in person within the last 2 years prior to filing for visa. You must also prove that the relationship is in good faith and both of you are serious about the relationship.
  • You and your fiance(e) are of marriageable age. Both of you have expressed genuine intentions to marry each other and will do so within 90 days of your fiance(e) arrival in the United States.
  • You and your fiance(e) have met the minimum income requirement - 125% above the poverty level.
  • Your fiance(e) is a lawful citizen and possess no immigration or domestic law violations. No criminal records.
  • Your fiance(e) posses an international passport.
If you and your fiance(e) fufils all these requirements, then you may obtain a k1 visa by making a I-129F Petition to the United States Citizenship And Immigration Services (USCIS). The following items should be included with your I-129F petition:
  • Check payable to the Department Of Homeland Security. Do not make payments to USCIS as it is under the Department Of Homeland Security. Payment fees are for visa application processing, medical examination and other administration fees
  • Prove that you are a citizen of the United States (birth certificate, passport, etc)
  • Documentary evidence of your relationship with your fiance (photos together, passport stamps, etc) and also statements from you and your fiance(e) expressing the intentions to marry each other within 90 days of your fiance(e) arrival in the United States
  • Biographic information of you and your fiance(e). This is done by filling out Form G-325A
  • Evidence of you and your fiance(e) financial status (tax payments, bank statements, etc)
  • Passport size photos of you. Passport size photos of your fiance(e)
Additional documents or information may be requested by the reviewing officer but generally, the above are the standard items required for most cases. Assuming the application proceeds smoothly with any hiccups, the length of time from the start of application to finally getting the k1 visa is about 6-8 months. This time can be delayed if applicants does not submit the relevant information or submit incomplete information.

The above are the general guidelines to k1 visa application. Learn more about the K1 visa application process now and the frequently asked questions pertaining to k1 visa.