K-1 Fiance Visa

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.

This is a very common situation, especially for a lot of our customers from the Philippines. A lot of them are OFWs, “overseas foreign workers”, and it’s not a problem at all. We’ve processed hundreds if not thousands of cases or petitions just like yours.

Just to clarify, if you’re the U.S. citizen, you will not have a medical exam. However, if you’re the alien, you will have a fiance visa medical exam. What they’re primarily looking for is communicable diseases and evidence of drug addiction or abuse.

On a fiance visa, your birth certificate is not required until the end of the process when you go to your medical exam and your interview at the U.S. Embassy. You do have some time to correct this birth certificate. You can go to your local civil office and you can have these documents corrected.

This is a question we get frequently. The fact that you are pregnant with the child of a US citizen while you’re awaiting a K1 visa doesn’t have any affect on your visa’s timeline or process. The fact that you are having a child together may help in terms of evidence that your relationship is bona fide, but will not expedite the processing.