3 mistakes to avoid on your K-1 Fiancé Visa Application

1) Entering incorrect information on the USCIS Forms

USCIS Form I-129F Petition for Alien Fiance is a 13-page form which is completed and signed under penalty of perjury by the petitioner / U.S. Citizen when applying for the K-1 Visa petition.

The petitioner’s Declaration and Certification on page 10 of the I-129F reads as follows:

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date.

Furthermore, I authorize the release of any information from any of my records that USCIS may need to determine my eligibility for the immigration benefit I seek.

I further authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.

I understand that USCIS may require me to appear for an appointment to take my biometrics (fingerprints, photograph, and/or signature) and, at that time, if I am required to provide biometrics, I will be required to sign an oath reaffirming that:

I provided or authorized all of the information contained in, and submitted with, my petition;

I reviewed and understood all of the information in, and submitted with, my petition; and

All of this information was complete, true, and correct at the time of filing.

I certify, under penalty of perjury, that all of the information in my petition and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my petition, and that all of this information is complete, true, and correct.

Suffice it to say that you should review all answers you are providing on behalf of yourself and on behalf of your Fiancé before signing.

2) Not providing all of the required supporting documents.

Whether you are preparing the petition yourself or hiring a K-1 Fiance Visa Immigration Attorney, the preparation of the supporting  documents is a key part of the process.

USCIS is now closely scrutinizing all Family Based petitions and conducting background checks on not only the Foreign Beneficiaries but also the US Petitioner.

USCIS has recently announced that officers can deny any cases if the applicants do not provide sufficient evidence to prove their eligibility for the benefit sought.  Although USCIS has stated it is only applicable to cases that are “obviously frivolous”, our office recommends providing as much documentation as possible with the initial filing.

Remember, originals are NEVER sent to USCIS, except for the passport-style photographs and the signed Letters of Intent.

Required Documents Checklist

Identification Documents

Birth Certificates

Name Change Documents

US Driver’s License

US Passport

Passport Style Photographs

Eligibility Documents

US Passport & Birth Certificates

US Naturalization Certificate

Termination of Prior Marriages

Proof of Beneficiary’s Prior Legal Entries into the US

I-97

Non-immigrant Visa, Passport Picture Page, Border Crossing Documents

Proof of Face-to-Face Meeting & Relationship

Letters of Intent

Photographs

Military Documents

Prior USCIS Petitions / Case

Proof of all Prior cases file

Petitioner’s Prior K-1 Visas & Waiver Letter requirements

Arrests / Criminal History Information

GENERAL DOCUMENT REQUIREMENTS:

• All Documents that are in a foreign language must be accompanied by a CERTIFIED English translation.
• Remember, you will need to have the ORIGINALS of all documents for the eventual Interview at the Consulate

HOW TO GET (GOVERNMENT ISSUED) DOCUMENTS:

1. OBTAINING U.S. DOCUMENTS:

Each state has their own procedure, so you should find out how to obtain the particular record you seek.  Remember you will need either an ORIGINAL or CERTIFIED COPY of the document for the Interview.  Except for the US Tax Returns, which are always copies (as the originals are filed with the IRS.

Generally:

• In many US States you can obtain your Birth Certificate, Marriage Certificates, Final Divorce Decree/Judgments and Death Certificates from the Vital Check website of said state. You can do a Google search to locate the specific website.
• Or the court Clerk’s Office where the proceedings (marriage, divorce, adoption) occurred.
• Tax Returns – Accountant / Tax Preparer or through the IRS.

Through the IRS:    Go to:   www.irs.gov

1. Must request the Transcript of the Federal Returns for the last 3 years (Form 4506-T).
2. Must specifically request the Transcript of your W2/1099 forms (Form 4506-T).
3. Do NOT request a Transcript of your “account” or record of filing.

• Dispositions / Criminal Records – Police Department that arrested you or the court Clerk’s Office where the case decidedOBTAINING FOREIGN DOCUMENTS:

Each Foreign Applicant must FIRST ascertain that the documents in their possession were issued from the correct government office.

To determine this, go to the Department of State website below which will detail where and how to obtain the birth, marriage, termination of marriage and Military Records and Documents.

Go to: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Step 1: On the left-side of the page, click on the country/countries where you born, married or where termination of prior marriages occurred.

Step 2:  Scroll down until to the middle of the page and you will see a list of documents available – General, Birth, Death, Marriage, Divorce, Adoption and Military Records.

Step 3:  Compare with the documents in your possession.  If YOUR documents do not meet the requirements stated on the Department of State website, then you must immediately request said documents using the procedure noted on the website.

WHAT TO DO IF THE DOCUMENTS HAVE ERRORS:

If there is an error in the DATE or LOCATION, you MUST get an amended certificate noting the correct information.

If there are any typos (e.g. misspelled names) you must contact the government department / office that maintains said records and request information on how to correct the document.

If the government department / office will not issue an amended certificate, you must include an affidavit regarding the error and why it cannot be corrected and provide Secondary Evidence (Refer to B-3 below).

WHAT TO DO IF THE DOCUMENTS DO NOT EXIST OR UNOBTAINABLE

• USCIS requires actual documented proof of the event (birth / termination of prior marriages etc.)
• US documents are rarely unobtainable, so you should have no problems obtaining them.
• ALL applicants MUST FIRST determine if in fact the event was registered and if a certificate exists.

For example, many people from India believe they DO NOT have birth certificates, when in fact they do.

Reasons Documents are Unobtainable:  

• The event was never officially recorded.
• The records have been destroyed.
• The appropriate government authority will not issue one.

MUST PROVIDE THE FOLLOWING:

1. A Non-Availability Certificate from the appropriate government authority IN YOUR HOMELAND (not the consulate in the US) stating the reason the record is not available.
2. Affidavits from close relatives who were present at birth / marriage.

Affidavits must be executed before an official authorized to take oaths or affirmations and must state the date and place of the event, maiden names of all parties involved, what the issue is – for example, not legally required to register the event and proof that the event occurred.

3. Secondary Evidence: preferably shortly after the event occurred

Examples of Secondary Evidence include but are not limited to:

Birth Certificates:

• A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth);
• Hospital Birth Certificate;
• Census Record;
• Early School Record;
• Copy from the Family Bible;
• Doctor’s record of post-natal care;
• Foreign Driver’s License or other identification which provides the date of birth;
• An adoption decree for an adopted child.

GENERAL INFORMATION (ABOUT DOCUMENTS):

• ONLY a US Citizen can be a Petitioner
• Beneficiary is the Foreign-Born Fiancée/Fiancé who is being sponsored / petitioned.
• Unless otherwise indicated, ALL documents apply to BOTH the Petitioner and Beneficiary.

1. Original Passport style photographs
2. Original, signed Letter of Intention.
3. Printed Word Document of photographs proving face-to-face meeting and relationship

IDENTIFICATION DOCUMENTS:

• Birth Certificate:

1. Must be a copy of the Long Form Certificate – issued by the official custodian of birth records in the country of birth which includes full name of child, location and date of birth, parents’ information and annotation by the appropriate authority indicating that it is an extract from the official records.
2. Petitioner Only: Provide copy of Certificate of Birth Abroad (if applicable) along with a copy of the Birth Certificate from country of birth and English translation if necessary.

• Beneficiary: MANDATORY – cannot file case without copy of registered Birth Certificate and certified English translation. Exceptions: If you were born in a Refugee Camp, during wartime, email our office to find out how to prove your birth.

1. If there are errors on your Birth Certificate or your birth was not registered, and/or you were not issued a Birth Certificate, you will require other evidence.
2. If you were adopted, must provide copy of the Final Adoption Order / Judgment.

• Proof of Name Change:

1. Does NOT refer to name changes that occurred as a result of a prior Marriage.

• Copy of court order granting the “name change”.
• Petitioner Only: If you changed your name during the Naturalization process provide order granting the change.
• US Driver’s License:

1. Color copy of the front and back of the unexpired US Driver’s License / Driver’s Permit / US State Identification Card. (The samples below only show the copy of the front of the cards).
2. Must contain current address or provide proof that the address has been update.

• US Passport / Passport Card: PETITIONER ONLY

1. Unexpired, SIGNED 10-year US Passport and/or Passport Card.

• Passport-style Pictures:
• Petitioner: Two (2) for each case filed.
• Beneficiary:  Two (2) photos for each applicant.
• Have white / off-white background;
• Printed in color on thin paper with a glossy finish;
• Be unmounted and unretouched;
• Have a full face, frontal view; and no glasses;
• Be 2” x 2” and have a head height of 1” to 1 3/8” from the top of the hair to the bottom of the chin;
• Have eye height between 1 1/8” to 1 3/8” from the bottom of the photograph;
• Head must be bare, unless you are wearing religious headwear.
• Print Name and Alien Number (if any) on back of each photograph (in pencil / felt pen).

ELIGIBILITY DOCUMENTS:

• Petitioner: Must be eligible to petition for their Alien Fiancée/Fiancé.
• Must be a US Citizen
• No criminal history involving sexual conduct with minors
• Must be unmarried (single, divorced, widowed).
• Must be “Domiciled” in the US
• Must have met face-to-face within the 2 years PRIOR to filing the K-1 Petition.

• Beneficiary: Must be eligible for admission to the US.
• Must be unmarried (single, divorced, widowed).
• No prior criminal or US immigration violations in past. Refer to page     below for details

• US Passport / Passport Card: PETITIONER ONLY SEE ABOVE FOR REQUIREMENTS

• Birth Certificate: SEE ABOVE FOR REQUIREMENTS
• US Naturalization Certificate: PETITIONER ONLY
• Color copy of the Certificate and any name change orders.
• If you have lost your Certificate you should apply for a new one to bring to the interview.
• Proof that ALL prior marriages were Terminated:
• Termination occurs by divorce, death of a spouse, annulment or being voided by a judge
• Provide documents terminating all prior marriages, no matter how long ago or where it occurred

1. Do NOT provide divorce “NISI” documents.

• Copies of any custody orders for all children.
• Proof of Legal Entry into the US: IF BENEFICIARY HAS EVER BEEN TO US   
• Copy of I-94 (either printout from cbp.gov ) or white card stapled in passport.
• Color copy of the US nonimmigrant visa used to enter the US (stamped in passport). Canadians do not require a Visa. If entered on a Visa Waiver show copy of the entry-stamp
• Copy of Passport Picture page

1. Copy of entry-stamp and copy of EXIT stamp when Beneficiary left the US.

• Border Crossing Document.

EVIDENCE THAT YOU HAVE MET & PROOF OF YOUR RELATIONSHIP

• REQUIREMENTS: USCIS expects concrete proof that the Petitioner and Beneficiary have met face-to-face in the 2 years before filing for the K-1 Visa.

            EXAMPLES – include but are not limited to COPIES OF:

• Visas, all Entry/Exit Stamps in Passports.
• Airline Tickets, Itineraries and Boarding Passes.
• Receipts for hotel rooms.
• Receipts for engagement ring and engagement party (celebration)
• Proof of living together (if applicable).
• Photographs (See Requirements Below and Refer to Addendum C)
• Emails, phone bills, chat logs.
• Any other documents that prove your face-to-face meeting and your bona fide relationship.

1. ORIGINAL, SIGNED LETTERS OF INTENT:

• REQUIREMENTS: MUST meet USCIS standards which are detailed below.
• Petitioner and Beneficiary MUST write their own letters in their own words.
• If either person does not speak, write or understand English, then the letter MUST be in their native language and include an original certified English translation.
• Should be CONCISE and to the point. Unless you have a long-standing relationship should not be longer then 1-2 pages.
• MUST contain specific dates and details about your relationship from meeting, dating, engagement and up to the present.
• If you met ONLINE, MUST provide the name of the website and confirm it was NOT an International Marriage Broker.
• If the website is an International Marriage Broker MUST provide a copy of the signed written consent form that was filed by the Foreign Fiancée/Fiancé.
• MUST state that the person intends to be married within 90 days after Foreign Fiancée/Fiancé enters the US on the K-1.

• PARTS OF THE LETTER:  (This will help you write and organize your information)
• Correct heading and date when letters were written. Should not be more than 15-20 days old.
• Include details of how your relationship grew and when you began dating.
• Information on how often you communicated – daily, weekly, etc. and by what means – text, Skype, phone calls, emails, etc.
• If you met online provide details about the first time you met FACE-TO-FACE and what you did together during this time.
• Details of all subsequent visits made to see each other.
• Details about how you fell in love and when you became exclusive (committed relationship).
• Details of your engagement and celebration.
• MUST state that the person intends to be married within 90 days after Foreign Fiancée/Fiancé enters the US on the K-1. 

1. REQUIREMENT FOR PHOTOGRAPHS

• DO NOT send the actual photographs
• Prepare and print in COLOR a WORD DOCUMENT of your photographs, arranged chronologically from when you started dating, through your engagement and up to the present.
• Should have photos from the engagement if possible.
• Can be printed in COLOR on regular copy paper.
• Provide at least 4-5 pictures per page.
• Provide date, location and occasion of each photo. If there are not too many people in the photo, list names of people in the photos.
• Limit the number of “selfies”, providing photos with family and friends.
• Do not include photos that are too INTIMATE.

1. MILITARY SERVICE INFORMATION

• Petitioner: If currently in the US Military provide:
• DD4 Form and/or other proof of Enlistment
• Copy of Military Identification for petitioner and beneficiary
• Deployment Orders and location of next deployment (if applicable).

1. COPIES OF PRIOR US PETITIONS/IMMIGRATION CASES FILED

• Petitioner and Beneficiary:
• Copies of USCIS Receipt Notices.
• Copies of USCIS Approval Notices.
• Copies of USCIS Denial Notices.
• Any documents available regarding prior Petitions or immigration cases.

• Petitioner When WAIVER Required:
• Have previously filed for 2 or more beneficiaries OR.
• Filed a K-1 Visa approved with the last 2 years.
• Must write a letter requesting the waiver and explain the facts of your previous petitions.

1. ARREST / CRIMINAL HISTORY INFORMATION

• Must disclose all arrests or criminal activities inside and outside the US.
• For each incident – must provide CERTIFIED COPIES of complete arrest records, court orders (including indictment, plea agreements, etc.), disposition for each incident, order vacating / expunging arrest/conviction, proof of your rehabilitation.
• Must disclose all crimes relating to a controlled substance or alcohol (convicted on at least 3 occasions); domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment and/or an attempt to commit any of these crimes. Include any traffic violations that resulted in criminal charges or involved alcohol, drugs or injury to a person or property.
• Records: If you are unable to obtain certified copies or court dispositions you must provide:
• Explanation why documents are not available including a certificate from the custodian (e.g. court, etc.) of the documents explaining why the documents are not available
• Any secondary evidence that shows the disposition of the case
• One or more written statements signed under penalty of perjury, by someone who has personal knowledge of the disposition.
• Petitioner: if the crime is a “specified offense against a minor” which include false imprisonment, kidnapping; solicitation or use in a sexual performance, conduct, prostitution or video voyeurism, involvement in child pornography, or “any conduct that by its nature is a sex offense against a minor” – you are NOT eligible to petition for alien relatives (unless you obtain a “no risk waiver”.)
• Beneficiary: The law allows some applicants to apply for a “waiver” on some inadmissibility grounds. But some categories of inadmissible applicants are NOT allowed to apply for a waiver at all, including but not limited to people who:
• have a history of drug abuse or addiction
• have committed drug or controlled substance violations more serious than a single offense of simple possession of 30 grams or less of marijuana.
• are known or reasonably believed to have been involved in drug trafficking;
• have been convicted of or admitted to committing murder, torture or conspiracy to commit either;
• are foreign government officials who have committed severe violations of religious freedom;
• have trafficked in humans (including family members who benefited financially);
• were unlawfully present in the US for at least one year in total or were ordered removed and reentered or attempted to reenter the US illegally;
• are suspected of entering the US to commit espionage, sabotage, or violations of US laws prohibiting export of particular goods, technology or sensitive information;
• are members, supporters or otherwise affiliated or active with a terrorist organization;
• have participated in Nazi German acts of genocide or persecution;
• have committed torture or extrajudicial killing;
• were involved in political killings;
• have participated in recruitment or use of child soldiers;
• are likely to become “public charges,” that is, dependent on need-based government assistance;
• have failed to attend a removal proceeding (immigration court hearing) within the five years before submitting the green card application;
• abused a student visa;
• departed from or remained outside the U.S. to avoid serving in the Armed Forces in a time of war or national emergency;
• are a practicing polygamist
• have committed international child abduction;
• were formerly a U.S. citizen but renounced citizenship to avoid paying taxes;
• knowingly submitted a frivolous (baseless) application for asylum;
• were involved in confiscating the property of U.S. nationals;
• have been credibly alleged to have aided and abetted Colombian insurgent and paramilitary groups, OR
• made a false claim to U.S. citizenship or voted unlawfully.

3) Not being well prepared for the embassy interview.

Here are general guidelines on preparing for the embassy interview:

• Arrive early to your appointment.

• Dress well, but do not over-dress.

• The questions asked are not TRICK questions, the applicant should know all the answers.

• The officer may act abrasive and rude to make you nervous. It is important that you are prepared for this. Staying calm and collected is very important.  Being nervous can convey that you are hiding something or being untruthful, even if you are not.

• Prior to the interview review your original petitions filed with USCIS as many officers review the information contained in said forms.  If there are any inconsistencies, they will want an explanation to resolve these issues

• Many officers will ask why you selected your attorney.  Do not be surprised by this question.  Just answer honestly what your reasons were for selecting our office.

• Remain calm and friendly and make “proper eye contact”, not too much or too little.

• If the officer makes a joke, you can smile and enjoy, but you should not make jokes yourself.

• Try to control your facial expressions, so that they cannot be misinterpreted.

• Make sure to be very organized.

• Bring paper with you and write down the name of the officer conducting the interview!!!!

• All your answers must be verbal; do not shake your head or point.

• Just answer the question asked. Do not elaborate or tell rambling stories.

• It is perfectly fine if the answer to a question is “yes”, “no” or “I don’t know”.

• If you do not understand a question, then ask the officer to please repeat it. Do not answer any question that you do not understand 100%.

• Do not answer questions for each other.  If the officer asks your spouse a question, then your spouse must answer it without your help.

• Make sure you take copies of all the original documents you bring —otherwise, the officer may take the original and it will be difficult (if not impossible) to get it back (refer to Organizing your Documents above).

• When the interview is over you can ask for the results and ask what you are required to do to complete the case.

Source: h1b now