Page 3 of the ‘K-1 Fiance Visa’ Category

Here you will find frequently updated information about K-1 Visas and immigrating to the United States to join your fiance. Don’t forget to visit our K1 Visa Overview page if you haven’t already.


How Strict is the K1 Fiancé Visa 2-Year Meeting Requirement?

You can’t apply at the end of 2019. The two-year meeting requirement when you file is extremely strict. In fact, we saw an appeal where a person had gone over by about 28 days. They were over the two year limitation. In other words, it had been basically 25 months, since they’d seen their fiance.

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What If My Criminal History Was Expunged/Dismissed? (K1 Visa)

How does a dismissed arrest (or expunged criminal record) effect a K-1 visa outcome? Arrests and criminal history and convictions are not necessarily a reason for a denial. If you check the box on a K-1 fiance visa that states that you were convicted of a crime, you'll need to supply or provide the court […]

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K1 Visa Background Checks – For Sponsor? Or Alien? Or Both?

During the first phase of the process, the USCIS filing, this process is mostly about the US sponsor. Background checks will be performed on the sponsor at this point. There is no point in trying to hide or cover up any past convictions or even expungements, as they have all the info already.

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What to Expect at Port of Entry When Entering On a K1 Visa

When you go through CBP, Customs and Border Protection, and you come through the port of entry, one of the officers are going to call the alien beneficiary, that’s the foreign fiance, and the stepdaughter, into a room. There, they’ll interview them and collect their documents. Your fiance will be carrying a package including the petition, a medical exam, their passport, etc.

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What Are The Most Common Reasons For Denial? (Fiancé/Spouse Visas)

The number one reason we’re seeing right now is for finances. That’s the affidavit of support. We used to see quite a few RFEs, but now we’re actually seeing denials come in, because they do not meet the income requirements. For a fiance visa, you have to meet 100% of the HHS Poverty Guideline, and for a spousal visa or adjustment of status, it’s 125%, and you can check Form I-684p here.

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K1 Adjustment of Status – Getting a Green Card After Entering on K1 Visa

Once your fiancée enters the United States, you have 90 days to marry. And you need to make sure that you do get married before that 90 days expires. On your arrival and departure record, your I-94, will have that listed. You also will have it stamped and listed in your passport. So make sure you check that date.

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Should I Send Originals or Copies of Supporting Evidence to USCIS?

You should never send original supporting evidence to the USCIS, unless they specifically ask for it. Always send a photocopy. The USCIS won’t return you your original supporting documents back either, so be prepared to never see them again if you send those in.

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My Fiance/Girlfriend is Older Than Me – Problem For K1 Visa?

In most cases in our experience, the age gap has not been a issue. The majority of our customers do have an age gap. In cases where the US citizen petitioner is an older male petitioning for someone younger in Asia or Latin America, age gaps of 20 years are common and not a problem for denial.

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Which crimes are affected by IMBRA? What does this mean for me?

IMBRA mandates that if a petitioner has a record of certain violent or sexual crimes, they are immediately disqualified from petitioning for a fiance visa. Exceptions to these statutes require a waiver. Waivers are often denied.

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2018 Update to Adjustment of Status Process (Medical Exam)

The USCIS announced last week that effective November 1st, 2018, they will require applicants to submit form I-693 Report of Medical Examination and Vaccination Record that is signed by a civil surgeon no more than 60 days before filing the underlying application for immigration benefit. This applies to the adjustment of status or application to register […]

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