Thinking about applying for a fiance visa? This guide should assist you in determining whether it is right for you.
1. Have personally met his or her U.S. citizen fiance(e) within the past two years;
2.. Have a good faith intention to marry the U.S. citizen who sponsored the K-1 visa;
3. Be legally able and willing to marry upon arrival in the United States; and
4. Meet all of the other requirements to be admitted as an immigrant to the United States.
5. The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States.
Step 1 - I129F to USCIS
1. Complete Form I-129F
2. Complete Form G-325A for both parties
3. Payment as required by USCIS to the Department of Homeland Security.
4. Two passport-style photo of each party (with the name of each individual on the back of the respective photo)
5. Birth Certificate of U.S. spouse
6. Copy of Passport of U.S. spouse
7. Copy of Divorce decrees if either spouse has been previously married
8. Copies of court records and police reports if applicable criminal record (See Section C, Question 2).
9. Declaration of how you met in person within the last two years.
10. Certification of intent by both parties certifying you will marry within 90 days of the beneficiary entering the U.S. (notarize this letter)
11. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file
12. Color Photo's of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. Note that you may not receive originals of photo's back.
13. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt.
Step 2 - Docs to NVC
After the I-129F is approved, the case is transferred to the National Visa Center where the following information is needed:
1. A copy of the entire I-129F package from above
2. Send all original documents from package above to foreign fiance for his/her interview
3. Send an original letter recertifying your intent to marry your fiance within 90 days of his/her entry into the U.S.
4. Complete Form I-134 (Affidavit of Support)
5. Proof of ongoing relationship - This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now). Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type.
6. A copy of the Notice of Action/Approval of the I-129F
7. USC Fiance 2-3 pay stubs from employer
8. USC Fiance most recent federal tax return and W-2s
9. USC Fiance letter from employer listing job title, start date, salary, position, and status
a. "To whom it may concern: (first name, last name) has been employed
full-time with the XYZ Company since (year) as a (name of your job), and is an employee in good standing with an annual salary of $X. Signed, John Doe, Supervisor (or whatever title)" The letter should be on company letterhead.
10. USC Fiance letter from bank listing date account opened, total amount deposited for past year, and present balance.
11. If Sponsor (provide the following in addition to fiance's financial evidence from above):
a. Sponsor's 2-3 USC Fiance 2-3 pay stubs from employer
b. Sponsor's most recent federal tax return and W-2s
c. Sponsor's letter from employer listing job title, start date, salary, position, and status
d. Sponsor's letter from bank listing date account opened, total amount deposited for past year, and present balance.
After receiving the USC fiance's information, the National Visa Center will request the following from the foreign fiance:
1. Valid passports for the beneficiary and any dependent children.
2. Birth certificates for the beneficiary and any dependent children.
3. Proof of termination of any prior marriages.
4. A police certificate from the current place of residence of the beneficiary, as well as from any place or places of residence for 6 months or more since attaining the age of 16.
5. DS-156 and DS-156K
Step 3 - Interview Overseas
At the interview, bring the following:
1. Valid passports for the beneficiary and any dependent children
2. Birth certificates for the beneficiary and any dependent children
3. Proof of termination of any prior marriages of both petitioner and beneficiary
4. Police certificate(s) for the beneficiary and any dependent children over 16 years of age
5. Vaccination results for the beneficiary and any dependent children
6. Medical exam results for the beneficiary and any dependent children
7. Proof of adequate financial support once in the United States to ensure that your Fiance and dependent children will not become public charges.
8. Supporting documentation verifying the relationship between the petitioner and beneficiary
Step 4 - AOS in US
After the K-1 visa is approved and fiancee is in the U.S.
1. Marry within 90 days of entry into the U.S.
2. Apply for permanent residency
a. Complete Form I-485
b. Payment as required by USCIS to the Department of Homeland Security
c. Copy of both parties' passports
d. Copy of foreign fiances' K1 visa
e. Copy of K1 visa approval notice
f. Copy of foreign fiances' birth certificate
g. Copy of marriage certificate
h. 2 passport-style photos with name of each person on back of photo
i. Complete Form G-325A for both parties
j. Complete I-693 Medical Examination Form
k. Complete I-864 Affidavit of Support
l. Complete I-765 Employment Authorization (if applicable)
m. Complete I-131 Application for Travel Document (if applicable)
n. USC Fiance 2-3 pay stubs from employer
o. USC Fiance most recent federal tax return and W-2s
p. USC Fiance letter from employer listing job title, start date, salary, position, and status
q. USC Fiance letter from bank listing date account opened, total amount deposited for past year, and present balance.
3. After submitting Form I-485, you will be required to have your biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion.
4. After completing your biometrics, you will be instructed to appear for an interview. You will be instructed to bring certain items, including "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks).
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