K-1 Fiance Visa

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.

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.

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.

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.

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.

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 […]

For K1 they require 100% of the poverty level, but that does go up to 125% once you get here and apply for the adjustment of status after you get married.

The best evidence is 3rd-party evidence, such as W2s, pay stubs, tax transcripts, etc. Anything that is impossible to generate yourself and is provided by a reliable 3rd-party is going to be the best evidence.

In the case of a fiance or spousal visa, it usually can take two to three months for the embassy to send your case back to the National Visa Center (NVC) and then the National Visa Center sends your case back to the USCIS where they’ll review your case again.

If you do not adjust status, your former fiance/current spouse is going to be in unlawful status. That doesn’t necessarily mean that she is going to be in any trouble, but you do want to apply for an adjustment of status as soon as possible.

When it comes to meeting the income requirement for a K1 fiance visa, some people opt to utilize assets to supplement their lack of income. This question is relating to whether or not one can use the petitioning alien’s assets towards meeting this income requirement.