I 23 years single US citizen,female and I am dating someone from india from last 4-5 months on skype,whatsapp. I want to get marry with him and bring him to US.
Can I do this ? if yes, then what are documents/proof required to file k1 fiance visa ?
I did finish my graduation and going to start my job soon.Do I need to have any full-time job to show his tax return ?
Do we need to meet with him before filing K-1 visa?
What are the important documents/proof needs for this process ?
File a K-1 fiancee visa. Some of the requirements are you need to be a US Citizen, engaged to the fiancee, intend to marry within 90 days of arriving in the US, be free to marry (any prior divorces have been finalized), and have met within the last two years prior to filing the K1. K1's are quite straight forward but surprisingly have many hidden requirements. I would speak to an immigration attorney just to be safe and weigh your options for possibly getting married and filing an adjustment of status instead.
First, meet him in person. Second, either you or someone else must do an affidavit of support at the consular stage. See a lawyer regarding evidence required.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
First, a meeting would be needed. Second, talk to a qualified immigration attorney who can go over the documents you need for the k1 visa. You can do a search on avvo.com. good luck here.
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Officers looking to see if finance's have a basic ground of dating or not. online dating would not suffice if is not accompanied by some pictures showing that two individuals met each other somewhere and spent some romantic times together. Regarding to the Job, you have to find out the income guideline for the matter of USCIS and see how much you would need in order to be qualified for it. W2 or pay check would be reliable however, be prepared if they asked for a co-signer. I urge you to hire an attorney to process your K1 visa because it is very difficult and to avoid any action that may raise sham marriage problem.
You may start by reading instructions to form I-129F
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
To start the K-1 visa process, the U.S. citizen must first file an I-129F petition for the fiancé. Along with the Form I-129F and filing fee, you must submit evidence showing the eligibility requirements are met, e.g. birth certificate showing your U.S. citizenship and proof you have met in person during the two years prior to filing the petition, such as airline tickets and photographs of you together. [NOTE: A waiver of the in-person meeting requirement is rare. To get it, you must prove that meeting in person will result in extreme hardship to you or will violate traditional marriage customs of either party. Most likely, you will need to travel to India or a third country to meet your fiance, in person, at least once during the two years prior to filing the petition.)
For more information on the I-129F petition, go to USCIS' website: https://www.uscis.gov/i-129f
If USCIS approves the I-129F petition, the case will be forwarded to the U.S. Consulate that has jurisdiction over where your fiancé lives. Your fiance will have to attend a K-1 visa interview at the U.S. Consulate, which may grant or deny the visa. But first, he must file the online DS-160 nonimmigrant visa application, complete a medical exam, gather evidence of financial support, etc.
The U.S. Consulate may request a Form I-134, Affidavit of Support, plus proof that the U.S. citizen petitioner’s income is 100% of the federal poverty guideline for her household size. Some Consulates go a step further and require proof that the U.S. citizen petitioner’s income is 125% of the federal poverty guideline (because this is the income requirement for when the K-1 entrant applies for a green card, following arrival in the U.S.). You may get a joint sponsor or use your assets to make up for shortage in income. See: Form I-864 Poverty Guidelines (https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf) and Form I-864 instructions (https://www.uscis.gov/i-864
For more information on the K-1 visa process, go to the Department of State's website at https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html
To complete the green card process, your fiance must marry you within 90 days of his arrival in the U.S. and file an I-485, application for adjustment to permanent residence. USCIS will approve the I-485 if it determins your marriage is bona fide (i.e. entered into with true intent to establish a life together as spouses) and the applicant is admissible to the U.S. (e.g. has no criminal convictions or immigration violations that bar him from getting a green card).
Consult an immigration attorney to get specific guidance on the K-1 visa to green card process, including the eligibility requirements and forms and documents you must submit.
The general answer I provided is not intended to be and should not be taken as legal advice. It does not establish an attorney-client relationship between you and me. You should not take action based solely on this general answer. Laws, regulations and policies that exist at the time of this posting are subject to change. Consult a qualified and experienced attorney to obtain legal advice on your specific situation.
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