My Visa Journey Help Guide

[mpheonix 7]

My fiancé is from Argentina and I'm a US Citizen. We decided to marry (obviously) and now we're on the Journey through immigration for a K1 Fiancé/Fianceé visa. I know many people are always wondering the same thing, "How long is this going to take?" and I'm sure you all get the same answer "It depends". Like many of you, I'm not satisfied with this answer. I haven't seen my love in months and I miss him like crazy. I try to keep myself busy and distracted, but when I go to bed at night alone, it doesn't help... I still miss him like crazy. I’ve found it’s so hard to get a straight forward answer, to some of the most simple things, like what color ink to use. You go to several websites looking for an answer and the answer is either vague, or contradicts the other answers you just found, if you can find one at all! As I'm sure many of you understand these sentiments, I’ve decided to share my thoughts, my research and my journey hoping to make it easier for people looking for answers.

The K1 Fiancé/Fianceé visa and the CR1 Spousal visa take approximately the same time, and the approval rates are about the same for both, so which way you decide to go depends on your current situation and personal preference. The spousal visa is cheaper in the long run, but if you're not married yet and can't afford or manage to go out of the country to get married, the K1 is the only option.

I would like to point out that I do not work for the US Government, Immigration, an Embassy or any other state/federal/international organization. I am not a lawyer, so the information I am relaying cannot be taken as legal advice. This is the information I have acquired on my personal journey I am sharing with you all.

Q: "How long does the process take?"

A: This really depends on a lot of factors. Lets go through some of them.

Factor #1: The processing time of the service center your visa is sent to.

There are two... Vermont and California; your best bet is to check the processing times for the service center one the USCIS website. The website's processing times are updated on the 15th of every month. I would recommend checking between the 15th and the last day of the month for a more accurate idea. If the processing time states the minimum (5 months for a K1), it could very easily be processed faster than the projected time if the application is put together well, and they don't have many applications in.

Factor #2: How well your application is put together.

The application process is complicated, and the questions you have are probably not covered by the FAQs on the USCIS website. If your application is put together well, all the information needed is there, and in the format they want, then you will be less likely to get delays from paperwork which has to be refiled, or supporting documents which need to be sent. There are lawyers who specialize in K1 applications (these typically run between $1,500-$3,000 USD), and if your case (we'll cover this in factor 3) is not straightforward I would recommend getting one. There are also people who specialize in the application process only and does not offer legal services. RapidVisa is a popular one, and I've used them myself (they charge $350-$400 USD for preparing and checking your application). You'll need all your supporting documents, proof you and your partner met within the last 2 years (photos of you together, and you with his/her family), financial proof that you can afford to support your partner when (s)he moves to the US, properly filled out application (do not use red ink; black to fill out the application, blue for a signature), with all the information accurate and correct, passport photos, proof of citizenship, proof of your meeting (scanned passport -- all pages... even the empty ones), boarding pass, hotel reservations, etc.

Factor #3: Your "case".

There are several requirements for a K1 visa, and you must not only meet them all, but you must be able to prove that you meet them all.

1. You must both be free and able to marry. This means you will need to produce any divorce decrees if either of you have been divorced (in English, so you may need to have someone translate & certify the foreign partner's paperwork), or death certificates if either of you are widowed.

2. You must've met in person within the last 2 years; you'll need to provide proof you met. Time stamped photos, copies of your passport stamps to and from their country, a boarding pass to and/or from their country, photos of you with his/her family is ideal, hotel reservations, etc. The more supporting evidence of your relationship and meeting, the better. Some people may qualify for a hardship waiver, but this is in place more for disaster victims, or arranged marriages where religion is the reason for not meeting. Boarding passes and hotel reservations are not sufficient to prove you met. You’ll need photos of you both together, photos of you with them and their family is best, as it proves that the family is aware of your relationship.

3. The foreign partner must not have a criminal record, not all crimes will disqualify you... such as shoplifting, or public drunkenness; but the more severe crimes (what would be a felony here) likely will. If your foreign partner has a record in his country, I would recommend consulting an immigration lawyer to determine if they would still qualify, many offer a free consultation.

4. Income requirements; you must make more than 125% of the poverty guideline for your household size. I've never been sure if they're referring to your income with or without the foreign partner, but it would be better to err on the side of caution with this one. If there are any sudden large deposits which cannot be accounted for in the citizen's account the immigration officer may suspect that the marriage is a sham; we'll cover this in more detail in factor 4.

5. Your foreign partner's previous visits to the us (if applicable). If your foreign partner has overstayed a visa, they could be denied a K1. If you have this situation, I would recommend that you contact a lawyer for a consultation.

Factor #4: Immigration officer.

Unfortunately, the deal is that you have to prove that you intend to marry your foreign partner and that your relationship is legitimate. They are required by law to assume that it is not a legitimate relationship, so don’t blame the immigration officers... too much. However, this means that if the immigration officer suspects you have a financial arrangement for your foreign partner to gain citizenship, they will deny you. They have the right to approve or deny you for any (or no) reason at all; and you have a right to appeal their decision. I'm sure you've all read the horror stories, but keep in mind people complain the loudest when they're unhappy and thousands of K1 visas are approved every year. This is not the norm, so much as the exception. They also tend to look upon relationships where there is an age gap of 15 years or more with suspicion.

Q. “How much is this going to cost?”

A. The fees can vary; below is a rundown.

Fiance/Fiancee Visa Application (I-129F): $340.00

Medical Examination (Check local rates): $200.00-$300.00

Department of State Visa: $240.00

Reciprocity Visa (check DOS website): $0.00-$400.00 (if applicable)

Adjustment of Status (I-485) aka AoS: $985.00

Biometrics: $85.00 (if applicable)

Total cost Range: $1765-$2350

Most people will not have to pay a Reciprocity Visa Fee, and the medical expenses may be more or less than the range, you should contact your partner’s local embassy for a list of approved doctors and contact them for their rates, if their government doesn’t regulate the fees. The $1070 combined biometrics/AoS fees are not applicable under the following conditions:

• Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.

• There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.

• There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.

• For applicants under 14 years of age:

  • Filing with the I-485 application of at least one parent have a fee total of $635;

  • Not filing with the I-485 application of at least one parent have a fee total of $985.

Contact a lawyer or USCIS for any questions or concerns regarding whether you have to pay their fees.

Q: "Should I get a paperwork service or lawyer or can I do everything myself?"

A: This is entirely up to you.

I personally preferred a service to help me with my application and answer my questions. Their knowledge of the process has been extremely helpful in assuring us that the process will move along as flawlessly as possible. In my case, we had an ideal situation and a lawyer was not necessary, so I opted for a service to prepare the paperwork. If your case is special and/or you don't have all the supporting documents or are concerned that a criminal record, a hardship waiver, a previously overstayed visa, or any other extenuating circumstance will hang up your situation I would recommend a lawyer. If you're confident or familiar with the process, then you may not need a paperwork service at all.

Q: "Will my application be denied?"

A: That depends on the circumstances outlined in the previous Q&As.

No one can guarantee that you'll get the visa, there's no black & white. The most you can do is apply making sure your application is complete, concise containing all the supporting documents and evidence you need and hope for the best.

Q: "What is the process like?"

A: Each process is different.

Some people may get letters from USCIS asking for more supporting documents, some people may go right through, some people may be in a long queue of others and everything takes much longer than others. If you're signed up for electronic communications you'll see everything moves along a week or two faster than "snail mail". Standard process goes like this:

1. Preparation for the application: Gathering documents, photos, data, filling out & checking the application (likely several times).

2. Mailing the application.

3. Application received by the drop box office (typically within a week), and they mail you your first Notice of Action (NOA).

4. Receipt for the NOA1 (usually within 2-3 weeks of mailing your application).

5. Application review. This is the longest wait, it can take between 3-8 months, check on the processing time of the service center your application was forwarded to (this is stated in your NOA1) for a more accurate idea.

6. NOA2 (or application approval/denial).

IF APPROVED:

7. Case forwarded to the National Visa Center (NVC), this typically takes about 1-2 weeks until your receive anything in the mail.

8. Case is forwarded by NVC to U.S. Embassy in your partner's country, this will take 1-4 weeks on average before you hear from the embassy. The package is typically delivered within 3-5 business days worldwide.

9. Foreign partner compiles required forms & supporting documents. You have months to prepare all this. I would recommend getting everything you need filled out well before this stage. You may need to get some things such as a letter of employment, or bank statements which will be within 30 days of your foreign partner's interview.

10. Sending forms to the consulate. This is pretty self explanatory.

11. Foreign partner must attend medical interview prior to interview. (Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor. This may occur after an interview date is given.)

12. U.S. Embassy issues foreign partner with Interview date, this is typically within 1 week to the issue date. This may or may not be before your medical appointment, follow your embassy's instructions regarding the necessary timing.

13. Foreign partner has Interview at U.S. Embassy. This is typically 1 month to the interview. K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions.

14. Foreign partner travels to and enters the U.S. The K1 visa is typically valid for 6 months within being issued, so the foreign partner must enter the US within the valid date, it is recommended you enter ASAP.

15. Point of Entry (POE) in U.S.

16. Apply for Social Security Number. Do this ASAP.

17. Apply for a marriage certificate. You must marry within 90 days of entry, but the process for your Adjustment of Status can take several months. It's recommend you get married ASAP.

18. Get married!

19. Change name on SSN (if applicable)

20. Complete I-693. You can complete this step at any time after entering the US.

21. Apply for Adjustment of Status (AOS), EAD, AP. Apply for this ASAP once you're married.

22. Receive EAD / AP. See the processing times on the USCIS website. It's usually much faster for those who went through the K1/CR1 Visa process.

23. Interview for AoS (I-485 approval). This is also dependant on the processing times. If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.

My story is still ongoing. I'll try to update for you all, and I won't give you the backstory... just the facts!

March 29, 2013: Payed for a service through RapidVisa to prepare paperwork.

March 30, 2013: Started application process and gathering documents and supporting evidence.

April 11, 2013: Sent all the necessary documents to RapidVisa for review.

April 12, 2013: Signed my application in red ink, so I had to overnight RapidVisa my application signed in BLUE ink.

April 15, 2013: RapidVisa reviewed my application, found no fault and sent the I-129F Application to the Texas Lockbox.

April 17, 2013: Electronic notification that the application was forwarded to the VT Service center.

April 19, 2013: NOA-1 Recieved (snail mail) with the wrong country of birth for the foreign Partner.

April 22, 2013: Called USCIS and corrected the typographical error on the NOA1.

April 31, 2013: Received notification that the typographical error on the NOA1 has been corrected in the electronic system, but the error was minor and will not affect my application, as it is still valid.

... Waiting ...

Edited June 4, 2013 by mpheonix

[mpheonix 7]

I also forgot to add this (it was in a different word document), and I can't edit my post again. =/

Sample Interview questions! I got this from an online resource I can't find the link for for the life of me. I'll supply it later once I hunt it down.

In most cases, officers will ask approximately 5-10 questions during each interview, not including basic questions about the foreign national partner. Remember, it is okay to forget or not know some of the answers. Just remain calm and resist the urge to guess or make up answers.

Sample Questions About the Applicant/Foreign National Fiancé(e):

What is your name?

Where were you born?

What is your nationality?

How old are you?/When were you born?

Have you ever been to the U.S.? If yes, on what visa? How long and where did you stay in the U.S. on that trip?

Do you have any relatives in the U.S.?

Have you been sponsored for the K-1 fiancée visa before? What happened?

Have you been married before?

Are you divorced?

Do you have any children? How old are they?

NOTE: The consular officer may ask only a few questions about the foreign national fiancée. The officer is more interested about how much you know about your U.S. citizen fiancé(e)and the relationship between the foreign national and U.S. citizen fiancés.

Sample Questions About the Petitioner/U.S. Citizen Fiancé(e):

What is your fiancé(e)’s full name?

What is your fiancé(e)’s date of birth?

Where was your fiancé(e) born?

Where does your fiancé(e) live?

Does your fiancé(e) live in an apartment or in a house?

Does your fiancé(e) rent or own?

When did your fiancé(e) buy that house?

How long has your fiancé(e) lived there?

Where did your fiancé(e) live before that?

Does your fiancé(e) live with his/her parents?

Where do your fiancé(e)’s parents live?

What is your fiancé(e)’s occupation?

What is your fiancé(e)’s salary?

What kind food does your fiancé(e) like/dislike?

How many siblings does your fiancé(e) have?

Have you ever met them?

Has you fiancé(e) ever been married?

When did your fiancé(e) divorce or get the marriage annulled?

Whydidn’t your fiancé(e)’s previous marriages work out?

Does your fiancé(e) have any children?

How old are they?

Do the children live with your fiancé(e)?

What is the custody arrangement?

What language(s) does your fiancé(e) speak?

Has your fiancé(e) ever been arrested?

​

Sample Questions About The Relationship and the Wedding:

How and where did both of you meet? Please describe in detail.

How long have you known your fiancé(e)?

When did you meet in person?

How have you kept in touch with your fiancé(e)? By chat/phone/email?

In what language do you and your fiancé(e) communicate?

How and when did your fiancé(e) propose to you?

What do you love about your fiancé(e)?

Have you ever met your fiancé(e)’s parents? Why or why not?

Has your fiancé(e) ever visited you in your country?

Have you visited your fiancé(e) in the U.S.?

Do you know any of your fiancé(e)’s friends?

What is your religion & your fiancé(e)’s religion?

When and where did you get engaged?

When and where are you getting married?

What day of the week is the wedding?

What are your wedding plans?

Where will the wedding be? How many guests will be invited?

Will your family be able to attend?

What if they cannot go to the U.S. for the wedding?

Why aren’t you getting married in your home country?

Where is your honeymoon going to be?

Conclusion:

The K-1 fiancé(e)visa interview is one of the primary sources of stress and anxiety for K-1 visa applicants. Being unaware of the interview process and not being prepared for the possible questions that may be asked only makes the stress and anxiety worse. This article is designed to help those who are preparing for the K-1 visa interview get a better idea of what types of questions to expect.

The consular officer’s primary responsibility is to ascertain the bona fides of the relationship. The interview questions are designed to weed out applicants who may not have a real relationship and are simply seeking a way to go to the U.S. As an individual who is going to get married, the foreign national fiancé(e) is reasonably expected to answer basic questions about the U.S. citizen fiancé(e) and the relationship.

In addition to being prepared for the types of questions to expect, the foreign national fiancé(e) should remember to keep his/her paperwork organized and to act in a professional and friendly manner. The foreign national fiancé(e) should also make sure to review all the necessary paperwork at least one to two days before the interview. Chances are the answer to most questions will be found in the documents and evidence.

[Darnell 8,478]

might be great fodder for a wiki page or three...

[aws&ndd 103]

I want to add that some interview questions are derived from your response to question 18 on the I-129f form.

[TBoneTX 45,284]

Additional information is available here:

http://www.visajourney.com/forums/topic/410945-k-1-journey-completed/

You obviously put a lot of work into your compilation. A glaring omission is that the petitioner's presence on the consular premises (anything from in the interview itself, or hanging around outside) can be crucial to, if not mandatory for, a shot at the beneficiary's being granted the visa. Please consider adding the above.

[mpheonix 7]

Additional information is available here:

http://www.visajourney.com/forums/topic/410945-k-1-journey-completed/

You obviously put a lot of work into your compilation. A glaring omission is that the petitioner's presence on the consular premises (anything from in the interview itself, or hanging around outside) can be crucial to, if not mandatory for, a shot at the beneficiary's being granted the visa. Please consider adding the above.

I haven't gotten that far in my process yet, which is likely why I haven't added anything regarding it.

I'm not sure what you mean though, can you elaborate?

Do you mean that the US Citizen (aka petitioner) needs to be present during the visa interview in the beneficiary's country?

If so, all the information I heard says that while it can be really helpful, it's not necessary if the expense will be great (which for me, it would cost me a good 3k to go down there for the interview if you include flight, hotel, food, etc). And trust me... I would LOVE to see Gabriel again... I miss him like crazy it's been 6 months.

[Harpa Timsah 13,258]

I have never seen anyone need to pay a "reciprocity visa fee" and AOS always requires biometrics. No one who comes on K-1 will fall into he categories that don't need it (refugee, asylee, child).

It's a nice guide, but there are some errors.

[mpheonix 7]

Neither have I, but according to USCIS, some countries do require it, I'm too lazy to go through them all and find out which ones, at the moment. I will go through the list soon and see if they really do require it for a K1 in some instances, or if they just add that as a "blanket statement" for visas in general.

I didn't think it would be relevant for the most part, but I'd rather post information which is irrelevant to most, and relevant to a few, than not have it at all. I'm sure it'll be built off of and worked into a more complete piece over the next few months. I plan on making a blog type site for it. Any feedback or corrections, or additional information is very much welcome.

[Harpa Timsah 13,258]

You do know that VJ has plenty of guides, right? Why make your own guide when you are too "lazy" to make it right. Seems odd. Oh well, I am out.

[mpheonix 7]

You do know that VJ has plenty of guides, right? Why make your own guide when you are too "lazy" to make it right. Seems odd. Oh well, I am out.

I said 'at the moment', do you realize how many countries I'd have to go through and check?

I also do believe I stated this:

Neither have I, but according to USCIS, some countries do require it, I'm too lazy to go through them all and find out which ones, at the moment. I will go through the list soon and see if they really do require it for a K1 in some instances, or if they just add that as a "blanket statement" for visas in general.

Also this is a work in progress of course, so I posted it for feedback, corrections, additions. I plan on making a site of this. I had a hell of time trying to get the answers I was looking for in a clear, concise, and straight forward manner. I'm trying to provide people with a more "user friendly" guide. It's by no means complete.

Edited June 5, 2013 by mpheonix

[joshandgigi 8]

Thanks for putting together the info it gave me something to read and had good information in it.

BTW Dont let the old timers get you down. It seems even in the visajourney site, there are trolls and jerks just like everywhere else..

[HunNee 15]

by the way, how many G-325A did you send for each?? 1 for petitioner, 1 for beneficiary??

[mpheonix 7]

by the way, how many G-325A did you send for each?? 1 for petitioner, 1 for beneficiary??

I sent one G-325A in for each of us -- so two total.

Another thing I thought to add: Gabriel and I created a gmail account with a google drive account linked to it. We both have access to this account, and I scan everything I send to USCIS and everything I receive and put it on the google drive. I have all the supporting evidence on there, communication logs, etc. All the electronic notification goes there and everything. This way, in case anything happens and I'm unable to respond promptly to an issue Gabriel can pick up where I left off. It also helps because he gets kept in the loop and always knows what is going on.

Edited June 5, 2013 by mpheonix

[kc247 22]

Good post! I never read about signing in blue ink??? We used black ink! Hopefully it won't be an issue :S

[HunNee 15]

I sent one G-325A in for each of us -- so two total.

Another thing I thought to add: Gabriel and I created a gmail account with a google drive account linked to it. We both have access to this account, and I scan everything I send to USCIS and everything I receive and put it on the google drive. I have all the supporting evidence on there, communication logs, etc. All the electronic notification goes there and everything. This way, in case anything happens and I'm unable to respond promptly to an issue Gabriel can pick up where I left off. It also helps because he gets kept in the loop and always knows what is going on.

thanks

il keep that in mind and will try to do the same..