Fiance Visa

How to bring your Fiancee to the USA: the K1 Fiance Visa

First.. find a fiance. Find someone who loves you, and wants to marry you and have a life together with you.

AFTER you do that, not before, I can help you bring her or him to the USA.

If your Fiance partner is from the Philippines I have published a video specific to the process to bring a Filipino Fiancee to the USA

 

What is Your current situation?

You have fallen in love, Your special someone lives far from your home
In a foreign land. You are separated by thousands of miles, and you have had enough webcam and instant message conversations to last a lifetime. You want to end your loneliness, And the separation. You need to bring her or him home to stay

So, what do you do?

Well, you gird your loins to enter and eventually overcome a complicated and difficult immigration system that stands in the way of your happiness.

Fortunately, I am here to help you.

Today I am going to explain

“How to Bring your Fiancee home to the USA”

And , please watch to the end of this video, because near the end I will also explain what happens after your partner arrives.

After all, after going through so much effort, you don’t want her or him to
have to leave your side. I will speak about what the next steps after arrival
Are needed to obtain and keep permanent residency and the process for your partner to become a US citizen

Now, let’s talk about “How to bring your Fiance to the USA on a K1 Fiance Visa”

A brief summary of the process is as follows:

We prepare an application, it is submitted in the USA to the United States
citizenship and Immigration service (USCIS),

And then once USCIS has completed its review, the case goes to the US State
department’s National Visa Center (NVC) in New Hampshire.

And finally NVC couriers the case overseas to a US Embassy or Consulate near your partner for your partner’s in-person consular interview and issuance of the visa into your partner’s passport..

Then your partner travels to the USA, shows the visa at the border, and joins you here inside the USA.

Now let’s get into the details:

First we submit a thick package of application forms and supporting documents and evidence. This is the “front loaded petition” that VisaCoach is famous for.

My philosophy, the VisaCoach philosophy, which we rigorously follow on every case, team VisaCoach works on, is that success, final outcome, final approval, depends 99% on the quality of your application that you and we together prepare and submit to US immigration.

We take every opportunity, leave no stone unturned, in making your application as complete and persuasive as possible.

The quality of the work we accomplish at the start, at the “front” of this process, determines the ultimate outcome.

When quality goes in, we expect a positive result to come out.

The petition package is mailed to USCIS.

Fiancee Visa applications go to Dallas, Texas

After initial sorting then the applications are assigned and forwarded to one
of six USCIS service centers that are scattered throughout the USA.

At the destination USCIS service center your case is reviewed and processed.

USCIS takes many months, often over a year to complete their review. For current timing best is that you contact my offices as USCIS processing times are a moving target and recently have been changing on a monthly basis. Sorry, but recently they have been going slower.

Applying for your partner’s visa through US immigration is similar to traveling on a one lane highway. The cars that get on the road ahead of you must exit and get to their destination before you arrive at yours. And the cars behind you, must wait for you to get to yours before them. The only option you have is to enter and get in line as soon as you can. At VisaCoach we can’t help you pass the other vehicles, but what we do do is work to make sure that YOUR vehicle, your application is done properly, that it reliably makes the journey without breakdown and gets you to your destination as quickly as the immigration traffic will allow.

The sooner you get started, and the sooner you submit, PROVIDING your application is properly done, then the earlier you get your visa.

The review at USCIS includes an FBI background check. This is usually only on the US Citizen’s background, however it is also conducted on your partner if she or he had ever lived in the USA.

When USCIS is satisfied with your application, they “approve” it. But they are really just saying that the USCIS review is over. Now another branch of the US government gets involved and must also finally “approve” your case. USCIS hands your case over to the US Department of State, for their review and processing, to their service center in New Hampshire, called the National Visa Center, or NVC for short

NVC confirms which consulate is the one to process your case, and assigns a case number that starts with three letters that identify the consulate, such as CDJ for Ciudad Juarez, Mexico, MNL for Manila, Philippines, LGS for Lagos, Nigeria and so on.

If the consulate is current on their workload, NVC immediately ships the case to the consulate using diplomatic courier. If the consulate is backed up then the case will sit longer at NVC until the consulate advises they are ready to handle more cases.

Your case has now arrived overseas at the consulate handling your case. And now there are many critical steps for both you and your partner to accomplish before the interview.

Please recall, that unlike other services, I the VisaCoach and my team are still with you on this journey. We are still with you to answer your last minute questions and give you final instructions and personalized checklists in the final run up to the final interview.

Depending on the country the final steps to the interview can be pretty complicated, as consular posts often do things slightly different country by country. Fortunately, at Visacoach we’ve worked with most consulates already, so we have a history of experience to draw upon to guide you on what procedures need to be followed.

Soon after your case arrives at the consulate, the consulate reaches out to you or your fiancee via email, telephone or postal mail confirming that the consulate is ready to process your case.

You, the US sponsor, send your partner the affidavit of support we prepare for you along with financial evidence such as tax returns, employment and asset proofs.

For his or her part, your Fiancee collects the documents that now must be taken to the consulate for presentation at the interview, such as police clearances and singleness certificates.

Prior to the consulate interview, your partner undergoes a thorough medical exam at a clinic appointed by the consulate.

The exam must only be conducted by the clinic that has been approved by
the consulate, and no other. Your partner can’t use their own doctor.
At the end of the medical exam, the results are sent directly to the consulate or given to your partner in a sealed envelope.

On the big day your partner attends the interview at the US consulate.

Shortly, after arrival at the consulate she or he is greeted by a local clerk,
and asked to present all of the documents that the consulate requires..

The clerk goes over each item, ticking off on his/her checklist that confirming if the documents are satisfactory

It is critical that your partner be well prepared and has brought EVERYTHING that is required.

Failure to bring even one item might cause the interview to be canceled,
or if allowed to proceed, might add months of additional delay till the visa is issued.

Because this is so critical, and with proper planning it is so easy to avoid problems, we at VisaCoach prepare for you a personalized detailed checklist on what must be brought to the consulate (without fail). We prepare this checklist using our knowledge of your background and situation combined with our previous experience working with the consulate, knowing what they want as well as what they don’t want.

Finally comes the actual interview. This is when your partner meets with an
American consular officer, it is no longer the local hires. This officer will be
making the final decision on your case.

This is the BIG event.

During the interview, the consular officer must be CONVINCED your relationship is bona fide and not a sham contrived for immigration purposes.

Sorry, to say this, but US immigration has had a long and troubled history with visas for fiancee’s and spouses. Their experience has not been a good one.

For regular immigration, there are simple tests of eligibility.

For example if a naturalized US citizen applied for his/her brother to immigrate to the USA, eligibility would be simply demonstrated by a review of both birth certificates. The parents names on the birth certificates would match, and the brother would promptly hear “welcome to the USA”

But for “romance” type visas, for the fiancee visa you have applied for, there is NO simple, clear test.

Instead, the officer must rely on you and your partner’s words, your statements that your relationship is real, not a sham for immigration purposes..

Don’t get me wrong. I know that YOU are totally sincere, totally in love, totally genuine.

But the officer does not know you like I do. There is nothing personal about the officers suspicions, because before you, the “well has been poisoned”, by the con-men, scammers, gigolos and gold diggers, who long ago figured out that if they convincingly lied about their plans, lied about wanting to be in a stable marriage with an American partner, they could cheat their way to win the golden ticket, to a richer life in the USA

These crooks make it difficult for honest people like you.

Because no simple reliable test exists, because so many consular officers have been tricked and made fools of before, because of their frustration and embarrassment, the consular officers have decided to take the gloomy and confrontational attitude that all romance visa cases are probably shams. not bona fide.

Sadly they treat you and your partner as “guilty until proven innocent”

The original application that we prepared and submitted to USCIS, long long ago, at the start of this journey, now lands on the Consular officers desk
for his or her preparation for the interview.

The officer reviews the application while your partner, alone and nervous, is waiting in the lobby of the consulate. The officer searches for clues of trickery, for “red flags” that might increase his general suspicions. The officer is looking for reasons to deny.

And this is why the Visacoach method of “front loading” a petition is so valuable. We craft each application, understanding the consular officers’ stand point.

We understand as a professional, if he or she is convinced of your sincerity he or she is going to approve and issue the visa.

We also know that if it is not crystal clear to the officer that the couple is genuine, if for any reason he or she is not absolutely convinced, the officer
would prefer to deny, instead of taking any chances.

After all, if he or she approves a scamming couple the officer’s career
and reputation is hurt, but if the officer makes a mistake and denies an honest couple, he or she is only being diligent, and the denied couple can always reapply, so “no harm done”.

So what we do is help the officer make the right decision.

We help him/her do their job by going the extra mile preparing your application to make sure it does the sincere, honest and persuasive talking for you, to convince a reasonable but skeptical officer to trust you and your situation.

It would be nice if you could attend the interview and personally be available to smooth out any misunderstandings before they cause problems. But you won’t be there.  Only your partner attends the interview. Even if you are present outside the consulate, you will not be allowed in, you remain outside. Your partner undergoes the interview alone.

While you can’t be there in-person, our philosophy at VisaCoach is to help you to be there, at least “in Spirit”.

With each VisaCoach “front loaded” application, we include a personal statement from you that describes “how you met, why you were attracted to each other, the development of your relationship, key moments in your courtship, the circumstances of your proposal, and your plans for a future life and family together in the USA.

Bona fide couples have history. They have plans. Their history and plans have many, many details. By sharing these details, we help the officer to get to know you. And once the officer gets to know you, he or she is surely going to trust you and your situation.

For most of my clients, creative writing is difficult. I know it is difficult for me.

But I have designed our system at VisaCoach to help make it easy for you to tell your important honest detailed story.

We help you tell your story by asking you short pertinent questions about your courtship and plans for the future. We take your answers given in your voice and prepare your personal statement for the officer to get to know you.

This personal, honest statement goes a long, LONG way to bring the
consular officer to an early understanding that you and your partner are two genuine and sympathetic human beings, who have a sincere love story, and could be his or her neighbors back in the USA.

But telling your story is not enough. Words alone are not enough. A successful petition must also verify your honest story with actual proof. Once we know your situation, Visacoach provides a thorough, detailed, personalized checklist of the various types of evidence that support your application. Your relationship breaks down into two parts. The times you were long distance and the times you were together in-person. We help you identify your demonstrative evidence of both parts and combine them with your final Front Loaded.petition

By front loading your application with well chosen evidence, by telling your story to place you there in spirit, we set the tone for a short and sweet successful interview, ending with “Welcome to the USA ”.

About two weeks later, the consulate returns your partner’s passport with the visa stamped inside. It is usually shipped via a local courier service.

The courier delivers the passport to your partner’s home address, or if your partner prefers, she or he can arrange to personally pick the passport up at one of the courier’s offices.

The visa is valid for 6 months. The clock starts ticking on the date of the medical, not the date of the consulate interview so we recommend taking the medical close to the time of the consulate interview about 2 weeks prior.

Your partner has plenty of time to settle affairs, give notice, say goodbye to family and friends, pack, then leave for the USA.

Arriving on a K1 fiance visa, you have 90 days to “get to know each other better”, and decide to marry, or not.

You don’t have to marry, but if you do not, your fiancé should leave the USA
before the allowed 90 day visit expires.

Assuming you marry on time, your new spouse can stay in the USA, and never has to leave, providing that you and your spouse take the next important immigration step by applying for permission to stay.

This new application is called Adjustment of Status. Your spouse “adjusts” his or her immigration status from a 90 day visitor to a lawful permanent resident.

VisaCoach helps you prepare this application too. Previously, US immigration was concerned about fraud. They still are. So this application again must contain critical evidence of a bona fide relationship. We include evidence of the wedding, honeymoon, setting up a home together. We again help you write your personal statement updating what is happening in your bona fide relationship.

Once permanent residency is approved, your spouse gets the Green Card, that drivers license sized card that proves your spouse can live in, can work, and can travel to and from the USA.

But wait ! The Green Card that arrives shows that it’s only good for two years. It is going to expire. This temporary green card is called a “conditional” green card.

At the start of the immigration process, for your partner to get permission to come to the USA we had to overcome US immigrations “guilty until proven innocent” attitude.

The reason that they only issue a temporary, Conditional green card is
because they are STILL cautious, they are still skeptical about your “romance” case and they want one more opportunity to catch you in fraud.

Before the two year deadline, we apply again to US immigration. This time we apply to upgrade your spouse’s temporary green card to get a permanent one.

This application is called “Removal of Conditions on Residence”. Once again, to be successful, we must demonstrate your relationship’s sincerity. Now we submit evidence of your last two years of living together in the USA Including bank accounts, and written statements from your friends and neighbors attesting to knowing you as a bona fide, genuine couple.

At the end of this process, your spouse finally gets a regular
Green Card, this one is permanent without conditions.

For many this is the last stop on the US immigration journey. Your spouse has her or his green card, can reside in the USA as long as she or he wants.

However, for many, there is one more, one last Final step that is taken. And that is to apply for Naturalization to become a US citizen

Once your spouse has been a lawful resident for 2 years, and 9 months, your spouse is eligible to apply to become a US Citizen. On approval is able to vote in US elections and travel using a US passport. And of course, I and the VisaCoach team are there to help with this verify last application as well.

The couples Team VisaCoach helps become our friends and family. We are honored to guide you through each step of the immigration Journey. Starting from courtship to arrival on visa, to conditional and then unconditional permanent residency and finally all the way through to US naturalization and Citizenship

This was Fred Wahl, The VisaCoach,
here to personally guide you on this journey.

 

This is because we provide the information we want the consular officer to see, ‘up front’ as part of the petition submitted originally to USCIS. The consular officer will typically review the package prior to the interview. When he reads the extensive and persuasive evidence that we have logically laid out for him, he should be convinced of the ‘bona fides’ of the relationship before the interview even starts.

This makes asking any remaining questions more a formality than a fact finding, interrogation, and leaves very little for the consular officer to say besides ‘Welcome to America’.

It certainly requires extra work and effort, to produce a 100 to 150 page petition, versus a few dozen pages that most un-motivated preparers are willing to submit, but the benefit is PRICELESS as it results in of taking the pressure off of the fiancee to :”PERFORM” at the interview, thus improves chance of SUCCESS.


Fred Wahl
The VisaCoach
Your Personal Immigration Consultant

Fiancee Visa Eligibility Requirements

2020 K1 Fiance Visa Requirements

 

 

 

 

 

Requirements for K1 Fiance Visa Eligibility in 2020

 

 

   1. Both Sponsor and Fiancee are “free to marry”

That means, they have always been single, or if previously married that marriage is ended by divorce, annulment or death.

   2. The couple has met in-person within the past two years.

This means both have met face to face, in person. Webcams are great, but only the in person meeting, breathing the same air counts.

   3. The couple’s relationship is “bona fide”.

The couple has a sincere relationship between them. It does not have to be a “Hallmark Greeting Card” romantic relationship. But it must be sincere that the couple TRULY want to spend their lives together, that they are not shaming, they are not undergoing this process, only for immigration purposes.

   4. The couple’s engagement matches cultural norms, from Fiance’s home country

A similar requirement to being “bona fide” is that the couple ACTs “bona fide” as well by following the culural norms from the Fiance’s home country. What that means is that if for example: in the country and culture of the Fiance an engagement celebration is expected, or a ring is expected, or a dowry is expected, or full involvement of the family is expected, then the couple should do what is expected. 

Continue reading “Fiancee Visa Eligibility Requirements”

2022 K1 Fiance Visa Processing Timeline

Fiance visa processing time 2022?

Knowing what to expect on how long it will take for your Fiance visa to go from submission of application through to USA arrival of your partner is very important for you to know.

You need to know when you can expect your partner to arrive as that determines when and where and how you get married, where you go on honeymoon, probably where you will live, and hundreds of other important details for a couple planning their future lives together to consider.

You have to budget monies to pay for the visa, for travel, for the wedding and honeymoon. Maybe you need time to find a nicer place to live, or to renovate your existing residence So your Fiance will feel happy and comfortable on arrival.  A lot needs to be done, and you need to know how much time you have.

In this video I am going to break the timeline down into its different stages
so you have a good idea how long each will take, and by adding all together
you can estimate how long the total process should take.

Continue reading “2022 K1 Fiance Visa Processing Timeline”

K1 Fiancee Visa Cost

2020 K1 Fiancee Visa Cost Information

What are the costs to obtain a Fiance Visa?

$510 USCIS filing fee, paid when submitting the application to USCIS

$350- $450 for the Medical Exam, this is usually paid in cash at the clinic appointed by the consulate in the country where the interview will be held

$265 Immigration Visa Filing fee, paid to the interviewing Consulate

Total is about $1,125 to $1,225
Continue reading “K1 Fiancee Visa Cost”

K1 Fiance Visa Financial Eligibility Requirements

2021 Financial Eligibility requirements for K-1 Fiance Visa

In order to successfully be approved for a K1 Fiance visa
that allows your fiancee to travel to the USA, US immigration
must be confident that you, the US sponsor, have enough
financial strength, to support and feed your future
family. They must be convinced that there is no chance
your new family would need public benefits such as welfare,
or food stamps to survive.

It is critical that you understand BEFORE you apply, what the
requirements are, in order to avoid surprises and denial.

Continue reading “K1 Fiance Visa Financial Eligibility Requirements”

Sample Questions for K1 Fiance Visa Interview

155 Sample Fiance Visa Interview Questions

These are sample questions that every K1 visa applicant should practice in advance of his or her consulate interview. Before a K1 Fiance visa can be approved, the last step is an interview at the US embassy or consulate where an American consular officer meets with the foreign fiance, and decides whether or not to grant the visa request.

This 2019 collection includes new questions now asked regarding the International Marriage Broker Act, Social Media, and EXTREME vetting.

 

While helping VisaCoach clients achieve their dreams of spending lives together in the USA, by getting approved for their Fiance Visa, after the interview is over, I always ask the happy couple to tell me about their experience at the consulate. And I always ask what questions were asked.

This has allowed me to compile a detailed and accurate list of sample questions that are actually asked. Continue reading “Sample Questions for K1 Fiance Visa Interview”

K1 Fiancee Visa Medical Exam

When is best time to schedule your Fiancee’s Medical ?

When to schedule the K1 Fiancee’s Medical Exam?

To be granted a fiance visa, the k1 fiance is reuqired to schedule and attend a medical exam at a clinic approved by one of the US Consulates. There they test and examine to confirm that the fiance does not have any diseases that would put the public at risk or medical conditions requiring public funding to treat, has the required vaccinations, does not have a history of drug use or mental instability.

 

Most consulates recommend the fiance attend the medical exam two weeks prior to the interview as mentioned in our K1 Visa Timeline. This gives ample time for tests to be processed, x-rays developed, and all results to arrive at the consulate, despite occassional traffic jams, power outages, bad weather. Continue reading “K1 Fiancee Visa Medical Exam”

SSI Ineligibility vs SSD

SSI Recipients are Ineligble to Sponsor Fiance or Spouse Visas

 

Recipients of Social Security Disability (SSD, or SSDI) are financially eligible to sponsor immigration while recipients of Supplemental Security Income (SSI) are NOT!.

SSD or SSDI = Eligible to apply

SSI =  NOT eligible to apply

While both are administered by the Social Security Administration, the difference between Social Security Disability and Supplemental Security Income is the fact that SSD is available to workers who have accumulated a sufficient number of work credits, while SSI benefits are available to low-income individuals who have either never worked or who haven’t earned enough work credits to qualify for SSD.

Supplemental Security Income, then is a form of federal welfare, and as such makes the recipient ineligible to sponsor a foreign fiance or spouse, and promise to keep them off of welfare, while the sponsor is already recieving those same benefits. Continue reading “SSI Ineligibility vs SSD”

Recent Tax Returns

Is your “Recent” Tax Return acceptable, for immigration purposes?

When applying for Fiancee or Spouse Visas, or Adjustment of Status to Permanent Residency US Immigration requires that the sponsor demonstrate his financial eligibility. For most sponsors the financial proofs required are proof of employment, year to date earnings statements such as pay stubs and the sponsors most RECENT Federal Tax return.

 

Continue reading “Recent Tax Returns”

Top 13 K1 Fiance Visa Eligibility Requirements

13 Top K1 Fiance visa Requirements

Before deciding to apply for a K1 Fiance Visa to bring your fiance to the USA for marriage, you should know the following Thirteen requirements to determine if you are eligible and if the Fiancee Visa is right for your situation.

 

1. You must have a “bona fide” relationship.

Your relationship is genuine. You want to be together. You are not going through the process solely for immigration benefits.
Continue reading “Top 13 K1 Fiance Visa Eligibility Requirements”

Evidence Photos

Fiancee Visa evidence: What are the Right Photos?

Proof used for Fiancee Visa evidence typically starts with a few well chosen photographs that show a happy and bona fide couple. Below is my video that explains how to choose the “right” photos, and avoid the “wrong” photos to submit with your Fiancee Visa or Spouse Visa Petition. For forms I-129F and I-130

 

 

In preparing a fiance or spousal visa petition for USCIS it’s important to include some photos that proves that you and your life partner have met each other.

In addition you have the opportunity here to tell the story about your relationship and to to give the impression how sincere your relationship is. So it is important to choose the right photos and that’s what this presentation is all about. Continue reading “Evidence Photos”

Problems Booking UStraveldocs.com Interview: No Appointment Date

No US travel docs Interview Appointment Date Available

After you put together an awesome front loaded presentation, waited patiently for USCIS approval, and got it, then waited for NVC to forward the case overseas, got their letter confirming the new case number, then are contacted by consulate that they have your case, followed the instructions to register at ustraveldocs.com or usvisa-info.com pay the visa fee, wait another day to return online to FINALLY book the interview, and when you get to the booking calendar you see “No appointment date available”

It is a very frustrating moment. You are “this close” to the end of the process, but now have come against a blank wall.

Below is my TIP on how to reduce the stress and to book your interview just as soon as a date becomes available.

 

“No appointment date available” doesn’t mean forever, it doesn’t mean the consulate has gone out of business. Continue reading “Problems Booking UStraveldocs.com Interview: No Appointment Date”

Military Visa Expedite

Expedite prior to military deployment

As we know the internet is timeless. Once something is posted online it is there forever. So the exact date of posting is not too important.

But I would like share with you that I am recording and publishing this video just before Veterans Day.

I want to thank all of our Military men and women for their service.

Here at VisaCoach we greatly appreciate everything you do and the sacrifices you make for us and for our nation. I am honored to have personally assisted many military couples unite in the USA

I’m proud that so far 100% of the cases I’ve helped Military Personel with have gotten their visa or green card the first time we applied. This includes all of those unhappy couples who came to me for help to reapply after their “do it yourself”, or JAG assisted cases had been denied.

Because the processing time for fiance and spouse visas and adjustment of status can take quite a long time from 6 months on the short side to over a year and a half, on the long, sometimes it happens that you the military Sponsor receive orders for Deployment while your case is in process but not finally adjudicated.

 

In such cases we want to push USCIS and the State Department to work faster so that your fiance or spouse can enter the USA faster. That way you could some time before the Deployment starts to make sure your family are settled in before leaving. Continue reading “Military Visa Expedite”

USCIS Strict Enforcement of International Marriage Broker Act, IMBRA

USCIS enforcement of IMBRA

The International Marriage Broker Act of 2005, IMBRA has been a bogey on the horizon for men and women in long distance relationships who met online at dating websites. This hasn’t been a problem for the websites or their clients UP TO RECENTLY, as the IMBRA laws been only partially enforced. However USCIS has been gradually implementing inch by inch some of the procedures as mandated by IMBRA and has taken major actions in 2015 and 2016 to now require couples to identify the websites they used, and provide evidence that the website was exempt from or strictly followed the IMBRA regulations..

 

The law puts draconian restrictions on how an American is allowed to meet his partner when using an online dating service. Basically every dating service, regardless of where located in the world, is supposed to comply with this regulation if they have American clients. To follow the act’s regulations, the dating service must obtain written, and detailed consent from the foreign born person, before ANY form of direct communication with the American is possible.

This confusing act requires the American to provide confidential information about himself to the website. The foreign born “potential date” then views the confidential information, after translation to her/his native language, and finally must sign and date a document, with all this information, if agreeing to allow communications to begin.

When this onerous law came out in 2005 some companies like mine, HeartofAsiaonline.com converted our websites to fully comply with the law. This meant that clients from US and overseas found many more hoops to jump through in order to join our membership and meet their foreign loves. By following the law, my company HeartofAsiaonline.com lost $ thousands each month, as clients gravitated to websites with easier registration and contact processes.

Many other companies abandoned the business altogether. And many companies and businesses especially ALL non-US based services decided to ignore the law. Ignoring the law has paid off for companies such as Cherry Blossoms, Filipino Cupid and so on. For the past 9 years they have continued to collect good US dollars while scoffing at the IMBRA regulations.

Up to now this hasn’t been a problem for them or their clients, as the IMBRA laws have not been fully enforced. However USCIS has been gradually implementing inch by inch some of the procedures as mandated by IMBRA.

A BIG CHANGE starting in 2015

The most recent turn of events has been implemented three months ago. Now each time a fiance visa petition is submitted to USCIS and the couple confirms they met at a online dating website USCIS has been stopping processing on their case and sending the following request for evidence (RFE) to the couple.

The evidence in the file reflects that you met the beneficiary through the services of an International Marriage Broker (IMB). You stated you met the beneficiary through xxxxxxx dot com. This website is considered to be an International Marriage Broker as it is a business that charges fees for providing, dating, matrimonial, matchmaking services. or social referrals between United States citizens and foreign nationals. Therefore, you are required to submit a copy of the signed written consent form that the International Marriage Broker obtained from the beneficiary, authorizing the release of her personal contact information to you.

The decision of whether to approve or deny your petition will be based upon the type(s) of evidence submitted and its credibility.

This is quite a problem when the majority of websites have ignored the law. And now the couple (not the website) are in trouble for not complying with IMBRA.

I have helped couples draft various answers to these requests. Sometimes we have a consent form, sometimes we deny the website is an International Marriage Broker, sometimes we just say now we know it was an IMB, but did not follow the rules, and therefore no consent form every existed..

So far of the couples I have worked with, none yet, have had their petitions denied due to using a non-compliant dating service. I believe it is just a matter of time till USCIS takes the next logical step and denies the visa applications of those who violated US law by using websites that violated IMBRA.

I suggest any couple who has met at a dating website should confirm with the administrator of that website whether The International Marriage Broker Act (IMBRA) rules were followed or not and if followed obtain written proof.

And of course for any American now going online to find his partner from overseas I strongly suggest you only join dating services that are IMBRA compliant.

By Fred Wahl
the VisaCoach

K2 Dependant Visa

K-2 Visa: Dependent Children

If your Fiancee has children who are unmarried, and under the age of 21, they can come to the USA too. To faciliate this they should be included on the Fiancee Visa petition.

Their visa (called K-2) is automatically granted when the Fiancee’s K-1 visa is granted. This allows the children to accompany the Fiancee or to follow her later. They may remain in the USA for up to 90 days. If the Fiancee and Sponsor marry, the Fiancee (now spouse) and children may remain in the USA and apply for conditional residency see Adjustment of Status.

The K-2 visa(s) are issued at the same time that the Fiancees K-1 visa is issued. The children do not need to travel with the Fiancee, they can come later. but they can not come before. The cut off date for the issuance of a K-2 visa is one year after the issuance of the K-1. Once issued the visa is valid for one entry to the USA any time within the next six months.

In ordering Full Support, Petition Review, or Adjustment of Status be sure to indicate how many children will be included in the applications as this requires additional paperwork. Click Order Services.

By Fred Wahl

By Fred Wahl

Travel on K1: What Happens on Arrival?

K1 Fiance Visa: What happens on arrival + inspection

This is what happens when traveling on a K1 Fiance Visa Everyone gets off the aircraft. Usually there is a line for US citizens, and another line for non-citizens.

When your fiance gets to the front of the line, she presents her passport to the inspecting officer.

He will examine her passport and once sees she is traveling on a K-1 Fiance visa will direct her to enter a side room.

 

There she will meet a different officer.

He will ask her “Are you married or single?

A fiance visa is only for a traveler who is single, and planning to marry.

If she says she is “married”, as in already married, he stops the interview and she is refused entry.

But If she says “she is single”, he will continue.

H might ask “What are your plans?”

In that case, she should talk about where she is going, when, where and how.

A good idea is to provide specific details about the plans for the wedding, the honeymoon, where she and her husband will live after the wedding.

When the officer is satisfied that she is a legitimate Fiance Visa traveler he will explain

“The K1 fiance visa allows you to visit the USA for 90 days. While you are here, if you marry your fiance, you become eligible to remain in the USA, by later applying to adjust your status to permanent residency and get your green card.

The Fiance visa does not FORCE you to marry. You do NOT need to marry if you don’t want to.”

Then she hear “Welcome to the USA” and he sends fiance on her way. ?

By Fred Wahl
the Visa Coach

What Happens After Visa Approval?

K1 Fiance Visa Process:
What happens after the Interview? Faq K147

Passing the interview is not the last step in the immigration process. The K1 fiancee visa is embossed onto the foreign Fiance’s passport and sent via courier. Within 6 months the fiance must travel to the USA. Within 90 days the wedding should occur. Then in order to remain in the USA the former fiance, now spouse applies for Adjustment of Status. Only conditional permanent residency is granted, necessitating two years later another application to USCIS in order to remove the conditions. A year beyond that the spouse is eligible to apply for US citizenship.

 

Let’s talk about What happens after the K1 Fiance Visa Interview?

It’s taken awhile to get here. After many months of careful preparation,team work (between you, me and your fiance) and nerve wracking waiting, your fiance has finally had her or his interview.

The VisaCoach “front loaded presentation” has done its job. Before the interview started, the consulate officer reviewed our petition and found many good reasons to trust you and want to approve the visa.

By the time he pressed the button to call your fiance to come to his desk, he was already inclined and prepared to say “yes”. Once the interview started, it was friendly, and after only a few minutes, ended with “Welcome to the USA”

So what happens next?

Your fiance has already handed in her or his passport. This will stay at the consulate, to have the k1 visa imprinted on one of its pages.

About a week later, the passport will be returned, usually by courier to your fiance.

And along with the passport will also be a sealed envelope, labeled “do not open”. This is a summary of the medical exam that had been taken prior to the interview. Do not open means just that. Leave the envelope sealed.

Upon first entering the USA, your fiance will be met by a Customs and Border Patrol officer. He will discuss with her the terms of the fiance visa.

And he MIGHT ask for the sealed envelope. Your fiance should keep it with her in her hand carry luggage, cause if asked for it, she will need to present it before getting access to any checked-in luggage.

If the officer doesn’t ask for it. Don’t worry, it’s up to him and the procedures followed at his post.

The K1 visa is valid for use for up to six months. But this is not six months from the date of the interview, it is six months from the date of the medical exam. So do check the dates carefully and make sure your fiance begins the journey to the USA before it expires.

Upon Arrival, your fiance is allowed a 90 day stay. This means the fiance visa is treated just like a visitor visa. It is officially for a temporary stay of only a maximum 90 day visit.

However adds has the “special benefit” that should you marry within the 90 days, then your new spouse is eligible to stay if she applies for “Adjustment of Status”.

Marry within 90 days of arrival. Then apply for Adjustment of Status, to “Adjust” from a temporary visitor to a Permanent Resident.

When permanent residency is approved, your spouse gets an id card, about the size of a driver’s licence that confirms permission to remain in the USA. This is what is called the “green card”

As the marriage had just taken place the permanent residency that is granted is only good for two years. This is called “conditional” permanent residency. Just before it expires, you will apply to USCIS to have the permanent residency upgraded to un-condition, permanent, permanent residency.

Finally 3 years, from the start your spouse’s permanent residency, your spouse is eligible to apply for US citizenship.

For all these steps, Fiance Visa, Adjustment of Status, Removal of Conditions and Citizenship team VisaCoach can work with you to achieve your goals.

By Fred Wahl
the VisaCoach