K-1 visa

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A K-1 visa is a United States nonimmigrant visa benefiting fiancés and fiancées of US citizen petitioners.

Contents

The Application is made by the petitioner in the US on a USCIS form I-129F filed by mail at a USCIS Service Center. The petitioner must provide detailed information and supporting documentation to prove that both parties are legally free to marry, have met each other within the last two years, intend to marry, do not have disqualifying criminal histories (so-called crimes of moral turpitude), and proof of identity and citizenship. Recent changes to the Law also limit the number of petitions a Petitioner can make, and the Petitioner must not have a criminal history of sexual or partner abuse. Other recent changes in the Law also severely limit the role of "marriage agencies" in the introductions, and any involvement of such agencies must be disclosed.

If approved (eight months is about normal, though this varies based on processing time, and to a degree the relevant embassy), the Application materials will all be forwarded to the National Passport Center for processing. Then the whole paper file wrapper is sent to the US embassy or consulate in the jurisdiction in which the fiancé(e) resides abroad [1]. The Embassy will contact the fiancé(e) and schedule an interview date. In the meantime, the fiancé(e) has to have a medical examination at an approved clinic, to screen for certain infectious diseases like HIV, Tuberculosis and Syphilis. The Embassy staff will question the fiancé(e) and ask for additional documents, to determine the authenticity of the relationship (amongst other things, that it is not an attempt to skirt 'the proper channels' of US immigration law), though the preliminary questioning in this regard is fairly straightforward and brief. If the interview goes well, the visa is granted immediately, but the fiancé(e)'s passport may need to be kept for a few days for processing. The fiancé(e) then has six months to enter the US, and 90 days after that to marry the Petitioner. The fiancé(e) cannot marry any other person, and must return if not married to the Petitioner. If the fiancé(e) has children, and they were properly identified in the original petition, then they will be issued K-2 visas. Such K-2 visas depend on the parent's K-1 visa.

After marrying, an "Adjustment of Status" (using a USCIS form I-485[2]) must be filed that will convert the K-1 fiancé(e) and K-2 children status to that of "Conditional Lawful Permanent Resident Status", e.g., a green card. It can take as long as a year after the filing of a correct I-485 to be invited to a local USCIS Office for an interview of the Petitioner, K-1 fiancé(e), and any K2 children. The interviewer is essentially interested in ascertaining if the marriage is legitimate, and will ask questions a genuine couple should have no issue answering, for example, "Who normally does the grocery shopping?", "What night does the garbage go out?", "When was the last time your spouse took the day off work?". If the interview goes well, the I-551 "green card" will arrive in the mail in a few weeks - although post September 11, this time has been increased due to a backlog in CIA processing of background checks. If the Petitioner or the fiancé(e) does not attend the Interview, the fiancé(e) will lose legal status and must leave the US.

The Conditional Permanent Resident Card can be converted just before the two year anniversary of issuance to unconditional status by making another application and attending a second interview. Otherwise, the Conditional Permanent Resident Card will expire, and the applicant will be subject to exclusion from the United States. Again, the interviewer will be looking to see if this is a legitimate marriage, however, if the couple has split up and a history of spousal abuse can be documented to the USCIS, the fiancé(e) alone can apply for the unconditional status. In other words, the power of the Petitioner to coerce and intimidate the fiancé(e) is reduced and the fiancé(e) will be excused by the USCIS if it can be shown the separation or divorce was the fault of the Petitioner. This ties back in with not granting K-1/K-2 petitions to US citizens that have a history of violence or sex crimes. The foreign spouse may apply for US citizenship three years after the issuance of the Conditional Permanent Resident Card if married the whole time to the US Citizen, or otherwise five years after the issuance of the Conditional Permanent Resident Card.

The foreign spouse may obtain a social security number upon arrival in the US on a K-1 visa. A document called "Advance Parole for Travel" must be applied for to travel outside the US and return whilst the adjustment of status (I-485) is pending. A work authorization card (EAD) is occasionally issued at the port of entry (although more and more rarely, but can be obtained before the green card is in hand, the usual process being to apply in concert with the Adjustment of Status document.

Summary: a Petitioner must wait, on average, 8 months before the USCIS processes the request, then more time until the NVC processes that application, then wait until the Embassy schedules an interview for the fiance(e), then wait until that interview occurs. This is significantly longer than before 30 January 2007, because before that day, US citizens were allowed to file I-129F petitions not just at the USCIS, but also at US Embassies and US Consulates.

[edit] Designed for Ease of Entry

The K-1 visa was introduced as a bureaucracy-reducing measure for US citizens desiring to marry foreigners. It allows the fiancé(e) to enter without first obtaining the green card, which can then be obtained while in the USA. It can still be cumbersome in that the same steps must still be performed (just without such a long wait in the foreign country). The validity of the relationship/marriage is potentially subject to immigration scrutiny at several different times - including when the original application for the K-1 visa is made, at the interview at the US Consulate abroad, and then later after marriage when it is time to file for Adjustment, and once again near the end of the 2-year waiting period. It has the advantage that it allows the foreign fiancé(e) to enter the US with the intention of marrying a US citizen within 90 days.

The first step in applying for a K-1 visa is for the American citizen to file an I-129F petition with one of the four U.S. Citizenship and Immigration Services (USCIS) Service Centers in the United States, located in California, Texas, Nebraska and Vermont. The K-1 visa is similar to processing an immigrant visa petition in that civil and financial documents are required.

Visas fall roughly into two classifications, non-immigrant (for visitors, employees, and missionaries, for example), and immigrant (permanent visas for things like the visa lottery, families intending to move permanently to the USA, business investment, and new marriage partners). The K-1 visa is in a bit of a grey area: although it is officially called a nonimmigrant visa, applicants intend to apply for immigrant status after arriving in the USA.

==What documents are required for the K1 fiancee interview? What documents are required for the fiancee' K-1 visa interview?==[1]

1. Original Appointment Letter 2. DS-156, 2 Each (1 with proof of payment) (with two - 2 X 2 Passport photos) 3. DS-156K, 1 Each 4. DS-157, 2 Each 5. Birth Certificate from NSO 6. Cenmar (Certificate of No Marriage, not more than 3 months old) 7. NBI Clearance, very recent. 8. Certified copies of divorce or annulment documents (if any). 9. I-134 Affidavit of Support. 10. U.S. Federal Tax Returns. 11. W-2. 12. Pay Statements. 13. Bank Statements. 14. Evidence of Genuine Engagement, Pictures , Plane Tickets, Receipts of Stay, Phone Bills.

It is 100% the consular officer's prerogative to allow or disallow you in the interview room. In all cases your participation is not required or desired unless the officer asks you something in particular. The purpose of these interviews is to judge the fitness of the foreigner for entry/residence in the US and to satisfy the examining officer that the foreigner is entering into the arrangement with full knowledge and free will. If you come on too strong and 'eager" it could look 'fishy" to the officer. You should sit down in person or over the phone or computer with your fiancee' just prior to the interview and go over names, dates facts on the petition itself and your background papers .. so everything is fresh in your minds ... whether you are attending the interview or not.

[edit] Legal Philosophy of Visa

A US citizen may marry any foreigner under the law of their desire, with the fewest exceptions necessary. Human rights laws, international law, and US constitutional law together create the right of a US citizen to marry a fiancé(e) of their (mutual) choosing, no matter what the citizenship (national origin, race) of the fiancé(e). The legal philosophy behind the bureaucracy (forms, interviews, and proofs) of K-1 visas (along with visas for spouses and their family members) is that the government can limit human and constitutional rights only if there is a compelling state interest, or, in other words, an overriding concern that affects the rights of other citizens. And the USA has established a large list of reasons: national security, controls against "subversives", crime, etc.[citation needed]

[edit] Problems with K-1 Visa

In a time of great controversy over foreign residents, the legal immigration process is considered slow and underfunded. A review of 1,899 K-1 Visas showed that the average wait from initial filing to a Consular interview is 181 days[3], with more delays possible after the interview. However, this is considered an improvement over the old-style spousal visas.

[edit] What are the main reasons a K1 visa is denied?

"According to Filipina Fiancee Visa, K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of bona fide relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.

Some common reasons for denial include:

1. Missing documents 2. Incorrect paperwork 3. Insufficient income/savings of the U.S. citizen sponsor 4. A very large age difference between the couple can cause concern. However, there is no specific age limitation. Yes, a beautiful 22 year old Foreign lady really can fall in love with a 55 year old American man. We have seen this happen many times. Foreign woman tend to be less concerned with superficial attributes than American women. Most Foreign woman are looking for a loving and stable man who will treat them well. They are much less concerned with the age of the man and more concerned with the quality of his character. 5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country 6. Poor English skills of fiancee 7. Couple hasn’t spent enough time together in person 8. Couple lacks sufficient evidence of recent day-to-day contact 9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen 10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making 11. Fiancee was previously in the U.S. and overstayed the visa 12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status 13. Fiancee has a criminal record, drugs, assault, battery, sexual assault 14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.) 15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer) 16. Petition includes a document that is deemed to be fraudulent"[2]

[edit] Problems Using Other Visas to Get Married

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A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency.

Some fiancé(e)s think they might want to get married, but are not 100% certain, and need more time to get to know each other or to adjust to the new country. The fiancé(e) may qualify for a visitor visa if the intention is not to get married in the USA (but to come and go and get married in another country, to return again on an immigrant visa). However, by applying for a K-1, the foreign fiancé(e) may be much more open about their intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90 days to get married, with the idea of living and working legally after marriage. If the intent to marry is made clear enough, and something does happen that makes the couple decide not to marry, then the fiancé(e) may leave the country without repercussions. However, in the case that the couple marry after entry on another type of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and immigrant status granted to the foreign spouse, but sometimes the foreign spouse risks being deported. Limitations have also been put into place to discourage marriage by visitors on other visas. For example, in some cases a K-1 visa may not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans will be scuttled at the last moment by a denial of admission.

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program.[4][5]

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