K1 Visa: Failure to have an interview within 4 months

The first step required to apply for a fiance visa is submitting a petition using Form I-129F. This must be completed by the U.S. citizen petitioner. The remainder of the visa application process requires joint participation between the citizen petitioner and the non-citizen applicant. Once the petition is completed and approved by U.S. Citizenship and Immigration Services, the non-citizen fiance must complete the visa application process within a reasonable amount of time as defined by immigration regulations. For this reason, non-citizen applicants must apply for their K1 fiance visa within four months of the petition’s approval.

In some cases, visa seekers are not able to complete the application for their fiance visa in the four months following approval due to personal circumstances. Fortunately, individuals can ask for their petition to be revalidated at the U.S. embassy or consulate where they are completing the fiance visa application and interview process. Each embassy has a staff of consular officers who are responsible for revalidating I-129F petitions and handling K1 visa applications. Consular officers can revalidate petitions after the four-month time limit as long as both parties have not married someone else and the applicant remains free and willing to legally marry the U.S. petitioner.

To revalidate a petition, the consular officer must believe the couple intends to marry within 90 days of the non-citizen entering the U.S. with a K1 visa. If the petition is revalidated, the non-citizen has an additional four months to apply for a visa. Consular officers can revalidate petitions multiple times. However, with passing months, agents become more skeptical about the legitimacy of the relationship. If a consular officer believes the couple does not have a bona fide relationship or real marriage plans, the petition will not be revalidated, and the non-citizen party will not be able to complete the visa application process.

Consular officers are bound by stringent regulations, which explicitly state that agents should become increasingly concerned about a couple’s intentions as more time passes between the petition’s approval and the visa application. While there are many legitimate reasons why an applicant may delay the process, it is a red flag to consular officers that may indicate a couple that does not intend to marry or abide by the rules of the K1 visa. Applicants who do not apply for their K1 visa and complete an interview must demonstrate good cause to the consular officer for failing to apply within the standard four-month timeframe.

If you have not completed your interview and visa application four months after the approval of your I-129F petition, a licensed K1 visa lawyer can assist you with gathering information and making a strong case before the U.S. embassy or the consulate offices where you are applying for a K1 fiance visa.

Contact a K1 visa lawyer to learn more about applying for a fiance visa. We specialize in all aspects of the application and immigration process. For a free consultation, contact us by phone or e-mail today.

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K1 Visa: genuine relationship requirement

United States immigration law recognizes that, as an American citizen, you may want to bring a foreign national to the U.S. for the purpose of a later marriage. The k1 visa is the vehicle used to do this.

Immigration law specifically permits a k1 visa to be issued to individuals who want to come into the United States for the sole purpose of entering into a valid marriage. However, the law is not totally clear on what the word ‘valid’ means except that persons entering the U.S. on a K1 visa must be free to legally marry. For example, K1 fiance visas can’t be issued to individuals still married to someone else.

In addition, the process of granting a fiance visa needs to take into consideration whether the relationship is legitimate or possibly an arrangement entered into for the purpose of gaining immigration benefits. At the U.S. Embassy or consulate in every country, there are consular officers whose responsibility it is to process and approve K1 visa applications. It is these officers who are charged with determining whether or not the relationship is a bona fide one. If the official concludes the intended marriage is for immigration purposes alone, then that official is instructed to begin the process of revoking the k1 visa petition. This will eventually lead to the k1 visa application being denied.

It’s not necessary for the consular officer adjudicating the fiance visa application to believe both that the proposed marriage is not for bona fide reasons and that the individuals are entering into it for the purpose of getting an immigration benefit of some type, such as a U.S. visa or possibly a green card. In other words, they don’t have to believe you are trying to commit immigration fraud. Consular officers are directed to reject a K1 visa application if they simply suspect the relationship is not bona fide.

Bona fide doesn’t mean couples must prove they are deeply in love. The U.S. government does recognize that marriages happen for reasons that are not completely romantic. What K1 visa applicants need to show is they have an established relationship with the U.S. citizen petitioner, that they plan to get legally married within 90 days of entering the U.S. and intend to remain married. Not planning to live together can be a red flag leading to denial but not if a good reason exists for the arrangement.

This is why it is beneficial to have an immigration lawyer guiding your steps. If you have reason to think your circumstances might cause questions or be something of a red flag to a consular officer, it’s a good idea to consult a K1 visa lawyer before filing your application. A K1 Visa Lawyer can analyze the situation and help the visa applicants frame and explain their situations appropriately in their interviews for a U.S. visa.

We are here to help you successfully complete this process.

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Fiance visa: what are the benefits of representation?

Obtaining a fiance visa may prove to be a remarkably intricate immigration procedure. Each case is unique and the circumstances in each case tend to be specific. Based on current time lines of the U.S. government and the US Embassy we are looking at 5-6 months for the whole process. It could be a little more or less as each Embassy operates in a specific manner and the government does not process the applications in a perfect queue. In the course of this lengthy process your relationship is at stake as any potential delays may cause frustration. The petitioner must invest all possible effort and means in order to have the application processed in a timeliest manner possible and establish to his fiance that the relationship is definitely worth more than the fee for the process.

There are two possible options: fiance visa preparation service and a law firm. Let’s leave the pricing aside for now and look into the actual aspects of operation of both institutions.

Preparation services typically hire unqualified labor to decrease their processing costs. As a rule the employees of the preparation services have never worked for a law firm before and have never been involved in the immigration area of law. The preparation services do not assume any liability for the wrongful actions. In the event of the denial of the fiance visa they will simply issue a partial refund to rid of the client. Since your relationship is at risk the fiance visa must be handled by organization that assumes a full liability and understands that any minor mistake puts your relationship at stake. Also, the preparation services are not entitled to offer legal advice. In the course of the process you will receive only consulting service. Due to the lack of experience these consultants often recommend marrying under a tourist visa and other nonsense things that can sidetrack you from the right path.

Law firms must always adhere to the regulations of the state bar association. Law firm must always ensure that proper legal advice is provided to the client and that this advice will not result in any adversary consequences. Law firm will provide an actual attorney representation in the fiance visa process. This is the greatest advantage. Specific form will be included with the application, which certifies that you are represented by an attorney. It is our observation that the government and the U.S. Embassy tend to be more loyal to represented cases. It is understandable, – hiring a professional law firm does indicate adamant intentions of bringing the fiance for the purpose of marriage.

In terms of pricing for the whole fiance visa process - the preparation services are not always cheaper. Whereas law firms must follow attorney advertising code – the preparation services often use gimmick methods of luring the client in with the low initial payment and thereafter incur a whole set of additional charges in a course of the process. There is a significant amount of labor involved in the fiance visa process thus the price cannot be in a range of couple of hundred dollars. The fee somewhere in this range indicates that the firm uses the deceptive method of marketing and potentially same method of doing their business.

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K1 Fiancee visa process

One of the benefits that the United States offers its citizens is the ability to bring another person into the country on a K-1 Visa, also known as a fiancée visa. This visa allows those who have met partners in other countries to marry in the US and have their partners remain with them indefinitely. But while this service provides an alternative to immigrant-based visas, the process has a set of regulations that must be followed exactly in order for an application to succeed, one that can often trip up those looking to begin their lives together on American soil.

The Basics of the K1 Visa

There are many requirements that any potential visa applicant must be in order to be considered eligible for the K-1 visa including the ability to legally marry under both the laws of the US and the applicant’s home country. In addition, the visa applicant must be entering the United States solely for the purpose of marrying a US citizen, and must do so within 90 days. Once approved for a fiancée visa, an applicant can also apply for a permanent resident status and begin working legally in the United States. K-2 visa application permits an applicant to bring any children they have to the US so long as they are listed on the original fiancée petition.

There are a large number of documents that will be required for any fiancée visa application, and the process, while often shorter than that of an immigration visa, is difficult. Some of the documents an applicant will need to provide include two nonimmigrant visa applications, Form DS-156, a passport for valid US travel, and pertinent death, marriage or divorce certificates, police certifications from the applicant’s present country of residence, and evidence of financial support. Details about the state of the relationship and its validity will also need to be provided, and US Immigration has broad powers in order to assess claims before visas are granted.

In addition, every U.S. Embassy processes the case in a specific manner. For example, the Embassy in Montreal requires a waiting time of 4-6 months where the Embassy in Ciudad Juarez has different requirements and offers an open walk-in appointment.

The Benefits of Help

If the K-1 visa process sounds complicated, it should. The US requires a great deal of information from both the US citizen applying and their soon-to-be spouse. Medical exams and other supporting forms are required by the United States Embassy that conducts the interview, and a K1 visa lawyer is often a good investment for those couples who are beginning this process. K1 visa lawyers can assist not only in completing documentation properly, but following the entire visa process from start to finish. By communicating with both applicants and the embassy as required at every step of the fiancée visa application, a K1 visa lawyer can help marriages happen more quickly on American soil.

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Right from the first step of the fiance visa process there is a lot of paperwork involved on both sides, that is, on the petitioner’s side and on the beneficiary’s side. This visa process was incorporated into the American law to benefit the US citizens who want to get married to foreign fiance’s in the US. However, due to sham marriages witnessed in the past, one has to go through rigorous documentation to establish the legitimacy of the intended marriage. However, if the relationship is genuine, the outcome is usually successful and the foreign fiancee, also called the beneficiary, immigrates to the US on the fiancee visa to get married to the US partner and become a permanent resident thereafter. However, there is always a possibility of a denial of the case. To avoid rejection, both the petitioner and the beneficiary must be well prepared to deal with the mountain of paperwork during all stages of the process.

The fiancee visa case constitutes a set of forms and specific supporting documents. The supporting documents must clearly establish that both sides are free to marry one another, that they have solid intention to marry within 90 days upon fiance’s arrival to the United States, that they have physically met within the last two years and that they have a genuine relationship. Each case tends to be slightly unique and have its own specific circumstances, which you may not be aware of initially. Only an experienced professional can identify these potential concerns and prevent a rejection or delays in the future. For example: If the beneficiary does not speak any English our office advises him/her to sign up for an English class. Thus, we eliminate the possibility of rejection due to determination of the Embassy official that both parties are not able to communicate efficiently. Another example: police clearances for some countries take long time to obtain. Our office provides information regarding police clearances in advance to prevent any potential delays at the Embassy stage of the process. There are dozens of nuances, which you may not know until it is too late. Our office will ensure that all aspects of the process are handled effectively and that the process goes smoothly for you and your fiancee.

The fiancee visa is also called the K1 visa. Because of the deepness of the legalities involved here, there is need for a k1 visa lawyer so that one can be helped with this complex process. There is also a set of documents that must be presented at the US embassy at the time of the interview. This includes documents showing financial support, various DS forms, medical examination results, passport, birth certificates, police certificates from different places that the beneficiary has lived in since she was 16, evidence showing continuing bona fide relationship and so forth.

Remember that if there are any children that are willing to immigrate to the US along with the parent, for them to be considered, they must be below 21 years old and they must be listed in the petition. At the time of the interview the beneficiary must present all the paperwork to the officer. During the K1 visa interview, please be calm and answer every question honestly. Misrepresentation of any facts may immediately annul your chances of approval.

The fiance visa process requires experience and knowledge. Therefore it is advisable to retain a k1 visa attorney to handle the case and provide you with representation and legal advice.

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You have endured the grueling process of securing the k1 visa for your fiancee and now she/he has it. You are almost out of the woods but not yet. The actual immigration process does not end there because there is much more to be done. You must make sure that you fulfill all other aspects needed for your fiance’s permanent stay in America. Immigration to this great land is many people’s dream. The acquisition of the k1 visa is the first step in the right direction. You must make sure that your fiancee uses the K1 visa to enter the U.S. within six months of the issuance date.

Lately, the fiancee visa also brings into the picture the International Marriage Broker Regulation Act (IMBRA). The petitioner must disclose whether he/she met their foreign fiancee through a marriage broker. If this is the case the K1 visa process could get a little longer. The IMBRA also requires the petitioner to disclose any crimes he has ever committed related to domestic violence like stalking, child abuse, neglect and so forth. Such disclosures will also be made known to the fiancee during the K1 visa application process.

Bear in mind that you must marry your fiancee within 90 days of her arrival upon U.S. soil . If you do not do this then your fiancee will be required to leave the USA immediately. In fact, violation of any of fiance visa regulations may result to deportation back to fiance’s home country. The same will also happen to you should the foreign fiance get to the US and marry someone else apart from the person you were supposed to marry.

The fiancee visa cannot be changed to other status like tourist or student visa. In addition, it cannot also be renewed after allocated 90 day period. Therefore, you must make sure that you and your partner get married as soon as possible, within 90 days of your entry to the US. Just know that the USCIS laws on immigration are very strict and everyone has to follow them. Luckily, they are not too hard to fulfill. It is important to note that some states may have a longer waiting period for the marriage license. Therefore, it is better to apply for one as soon as the foreign fiancee enters the US. Later, the couple can happily tie the knot. What is next after getting married? The first thing is to apply for a green card, also known as an adjustment of status process.

This process is going to turn the foreign fiancé into a permanent resident of the US and so he/she can soon start enjoying the benefits of being a permanent resident. Once work/travel authorization is issued your fiancee will be able to start employment and travel out of the country, if necessary. Officially, your permanent stay in the US will begin once the greencard is issued.

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Fiance visa applications typically receive a denial at the U.S. Embassy stage of the process as opposed to USCIS. A very substantial amount of fiance visa cases that have been previously approved by USCIS do not pass the Embassy phase. The U.S. Embassy does not offer an appeal process, which makes the denial especially tragic for the couple that was awaiting the interview and issuance of the K1 visa. Therefore, it is imperative that you start preparation for the fiance visa interview even prior to initiation of the actual fiance visa process.

The purpose of the consular interview is to scrutinize your relationship on the subject of legitimacy and veracity. At the USCIS stage of the process your relationship does not get critically examined. The United States Citizenship and Immigration Services verifies your eligibility to serve as a Petitioner for an application and your fiance as the Beneficiary. In other words, the issuance of approval by USCIS does not guarantee the successful outcome at the Embassy stage of the process. The US consular officer will mostly concentrate on asking questions about the bona fides of the relationship. Inability to prove the veracity of the relationship is the most common reason for the issuance of the denial.

The supporting documentation provided at the time of the interview will partially ease your task as the consular officer will be able to establish that your relationship has continued from the moment of the initial filing until the time of the actual interview. Although relevant supporting documentation can greatly help the case, – beneficiary’s poor answers at the interview can potentially ruin it. The beneficiary must have a very firm knowledge about the petitioners biographical information and development of the relationship. Moreover, the beneficiary must be consistent with all information that has already been provided in the course of the process. Also, being truthful is imperative for the purposes of successful outcome.

At the time of the fiance visa interview the beneficiary will be most likely questioned about the following (but not limited to):

• petitioner’s prior marriages and how they were terminated;

• petitioner’s hobbies and what he does for entertainment;

• questions about petitioner’s childhood – where he/she was born and where he/she grew up;

• if petitioner has children, the beneficiary must know names of his/her children and their age;

• names of the petitioner’s parents; their age; where they currently live;

• foreign fiance must know the petitioner’s current employment and his employment history;

• foreign fiance must know where the petitioner currently lives and his prior residence history;

• foreign fiance must know her/his fiance’s date of birth;

• if the petitioner has applied before for any foreign fiances – the beneficiary must have knowledge about that.

Please do not consider this article as the actual guidance. These are just several examples showing the actual depth of the fiance visa interview. The list of possible questions could be unlimited. However, these examples may give you an idea about the type of questions asked. The intensity of the interview may vary depending on the case and on the particular office, however, it would be advisable to start your preparations for the interview even before your start the fiance visa process. We do advise retaining a professional law firm to handle the process for you and represent you in the process. Typically, the US consular officers are more loyal to represented cases. Your relationship is at stake, therefore a small fee is definitely worth your peace of mind and knowing that you will unite with your loved one in a timeliest manner possible.

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K1 visa requirements are seemingly simplistic, however, you must ensure that you meet all necessary criteria before the initiation of the fiance visa process.

Every United States Citizen has a legal right to petition for his fiance abroad and bring her to the United States for the purposes of marriage and permanent relocation. In order to accomplish this – the k1 visa petition must be filed along with supporting documents with the United States Citizenship and Immigration Services Service Center. As a Petitioner you do need to ensure that you select the Service Center that has jurisdiction over the place of your residence in the US. This k1 visa petition will classify your fiance as k1 visa beneficiary.

The first major k1 fiance visa requirement is that both parties must be eligible to marry in the petitioner’s state of residence. Both parties must be of legal age and must be free to marry, which means that all prior marriages must be terminated and both parties must not be married to each other. It is crucial for an application that both the petitioner and the beneficiary have solid intention to marry upon fiancee’s arrival to the United States. The Defense of Marriage Act forbids the issuance of the fiance visa for the same sex partners, even if the same-sex marriage is allowed in your state of residence.

The second major k1 visa requirement is that the petitioner must establish to USCIS that both parties have physically met within two years prior to the initial filing of the application. You must provide a primary and collateral evidence of your meeting. An inability to establish this category with the initial filing may potentially result in significant delays or even a denial of the case. If the application is denied – USCIS will have no prejudice towards your new application. The requirement of a physical meeting may be waived in certain circumstances, however, these circumstances are extremely limited and proving the eligibility for a waiver is difficult. Once the foreign fiance enters under a k1 visa – she/he must marry the petitioner within 90 days of arrival. The application for a permanent resident status must be filed immediately after the marriage.

To meet the financial fiance visa requirement the petitioner must have an annual income above the 125% of a poverty line. The evaluation of a financial capacity to serve as a sponsor is complex and includes the consideration of several major aspects such as: income for the most recent year, income for the current year and assets of the petitioner. If you are currently employed and your annual income is above 125% of the poverty line and the adjusted gross income for the most recent year is in accordance with the requirement – most likely you will qualify to serve as a sponsor for an application. In case your income does not meet the requirements – you will need to secure a cosponsor that does. Also, the assets (stocks, bonds, real estate) may be relevant for the purposes of meeting the financial requirement.

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Benefits of retaining our K1 Visa law firm

Thank you for your interest in retaining our firm to secure a K1 Visa for your fiancee.

We look forward to representing your interests in this matter.

By retaining the law firm of JOEL J TURNEY LLC you will receive actual legal representation in the immigration process. Please consider the paramount benefits of our law firm’s representation:

• Represented cases typically receive priority in the United States Citizenship and Immigration Services and the approval time line is generally shorter as the filing is in proper order;
• As necessary we will contact USCIS, NVC and U.S. Embassy on your behalf (firms that do not have a lawyer cannot offer this advantage);
• USCIS and especially the U.S. Embassy give greater deference to represented cases as opposed to cases filed with the preparation service or without any representation at all;
• You will avoid lengthy delays or termination of the case caused by the issuance of the Request for the Further Evidence at the USCIS or the U.S. Embassy stage of the process;
• Our representative will communicate with the U.S. Embassy and your fiancée directly by phone;
• You do not jeopardize a $340 filing fee (this fee may be retained by USCIS in case the petition is filed incorrectly);
• User-friendly worry-free step-by-step process allowing collection and preparation of the documents in the most efficient manner possible;
• Due to our nationwide exposure and specialization in the K-1 Visa field, we are able to maintain the highest degree of professional expertise in this field of practice. We are up to date on every aspect of the K-1 Visa process that a local firm would not be able to achieve.

I would like to provide you with explanation of our legal fee. We are an accredited law firm that specializes in the field of the K-1 Visa. We have a vast amount of experience in this particular area. Our firm charges a FLAT FEE for the K-1 Visa in the amount of $975. Many of our competitors (other law firms and services) offer a myriad of confusing options (silver, gold and platinum packages etc.). In addition, many of our competitors charge for additional work in the K-1 visa process substantially more than what is initially stated. From our experience each client deserves and requires the same top level of attention and commitment for the application to be successful.

We offer an affordable payment plan of 3 payments of $325 to cover the legal fee:

• 1st payment: Retains our firm;
• 2nd payment: Due when the initial petition is ready for filing;
• 3rd payment: Due upon approval of the case by USCIS.

Please note that there is a required USCIS filing fee in the amount of $340. At the point of filing it will be necessary to issue a check payable to USCIS for the filing fee.

Once again, our legal fee is a flat fee and you will not incur any additional charges no matter how much time or attention your case may require.

Our firm is based in New York (downtown Manhattan) and we represent clientele nationwide.

You may submit an initial payment via our website:

• Visit the Cost of Services page on our website.
• The page provides for an option of either full payment or partial payment.
• You may use either Google Checkout or PayPal Checkout payment systems. Please note that you do not need to have a PayPal or Google Checkout account in order to process the payment.

After selecting your choice, it will bring you to the payment page. Once payment is made, we will receive immediate confirmation, and will contact you immediately with the initial instructions.

Please maintain a copy of this e-mail for contact purposes.

We look forward to representing you and your fiancée in the K1 visa process.

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There are three essential requirements for the fiance visa process:

The first is: you must be a US Citizen;

The second is: you must have physically seen each other within the last two years;

And the third is: there is a minimum income requirement for you as a Petitioner of at least eighteen thousand dollars without a use of a cosponsor.

The K1 Visa process is a three phase process: first we file with USCIS. They generally take 3-4 months to issue an approval. There are different examiners assigned to different case loads. In other words: the approval notices do not come back necessarily in order of our filing. Conservatively speaking 3 to 4 months is a good estimate. After USCIS issues the approval the application transfers to the National Visa Center in Vermont, where they conduct background check. This approximately takes 2 to 3 weeks then the application is forwarded to the Embassy abroad.

For Embassy processing I would allow additional 2 months. Bear in mind, the Embassy upon receipt will issue a Packet III, various DS forms will have to be competed and submitted. They will then issue a Packet IV – police clearance will have to be obtained, physical examination will be scheduled and conducted and then the interview at which the additional supporting documents will have to be presented with the Affidavit of Support and proper supporting documents.

In terms of categories of documents for the initial filing obviously we want to approve the quality of the relationship that is generally accomplished with copies of correspondence – be it written, email or otherwise. If you communicate via the telephone – copies of phone records.

In terms of supporting documents USCIS does not want to have anything going back for more than 2 years. We also have to proof for the initial filing the second category that you have physically seen each other within the last 2 years. In case you went there, we will need a copy of your passport with an entry stamp, copy of your plane ticket, itinerary, if you have one, any credit card receipts showing the purchases in her country are also helpful with a date stamp. And lastly, of course, photographs of you together.

In terms of supporting documents for the initial filing from your fiancée: if she/he has been married before, we need a copy of her/his divorce decree. If no, then, all we would need from her/him is two passport photos 2 by 2, white background, no jewelry, no glasses, looking straight into the camera and a signed letter of intent to marry that we prepare with an original signature. Preferably, for the purposes of speed we would email that letter to him, he would print it, sign it and send it back with passport-style photos.

We gather all the necessary information that we need to complete the initial filing via questionnaire located at a secure location. Generally, our turnaround time from receipt of complete information is one day. We will overnight the completed forms to you for signature, you would sign next to the signature tabs and you would return the signed application with the supporting documents in bulk, we will put everything together with the exhibit tabs in proper form for filing. After filing of the Petition USCIS will send out the receipt notice, generally within two weeks, it will give us a receipt number that will enable us and you to track the application at USCIS. Frankly, it is not going to provide much information other than pending or approved.

Our representation is obviously more than just the initial filing. This is frankly, an easy part. It is from the initial filing through USCIS approval, National Visa Center, complete Embassy processing. We will work directly with you, your fiancée and the Embassy as well as required with USCIS. Again, in short our representation is from the initial filing all the way to the issuance of the visa.

In terms of cost, the total charge with our firm is $975 plus the government filing fee of $340.. A minimum payment of $325 retains us, we do require a full payment or close to full payment at the time of filing.

You will be surprised with the amount of back and forth that is involved in this process and we will have good 4 to 6 month relationship. There are some providers that advertise 250 or 500 are just too good to be true. Our real competitors that we look at are Michael Salomons Office, Holmes and Lolly. I believe their fees is $1600, $1700, $1800 plus the filing fee. Furthermore, you do have a lot more consumer protection going with a lawyer as opposed to a service. You are not going to save much with the service and secondly, some of these operations can disappear.

We do offer a money back guarantee; it set forth on our website and our retainer agreement. We understand that this is a relationship and the successful uniting of two people involved in a long distance relationship is obviously a lot more important than the $975 charge.

We are looking forward to work with you and again feel free to call with any questions,

Upon receipt of the initial payment we will provide you with initial instructions and list of documents that is necessary to collect to start the process.

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