What is the K1 Visa Petition and how is it different from the K1 Visa Application?
The petition is the first step in the k1 visa process. A U.S. citizen petitioner must first file a K1 visa petition for her foreign fiancé, the beneficiary, at a USCIS office in the United States. The petitioner must complete and sign form I-129F providing USCIS information about her including her criminal history, if any. She will also provide information about her foreign fiancé and his child (ren), if any. The petitioner must send I-129F petition and supporting documents to USCIS. If the petitioner has not yet met her foreign fiancé she should plan her trip or their meeting with the supporting evidence in mind and gather the proper evidence of the relationship.
If USCIS approves the K1 visa petition of the U.S. citizen the beneficiary can then apply for a K1 visa at a U.S. consulate where he lives.
Documents for a persuasive K1 visa petition
- Evidence of Petitioner’s U.S. Citizenship – front and back of U.S. Birth Certificate, Certificate of Naturalization, Certificate of Citizenship or Consular Report of Birth Abroad, Form FS-240 or all pages of a valid unexpired U.S. Passport.
- Copy of evidence that the petitioner and fiancé have met in the past two (2) years.
- Relationship letter – how the relationship started and developed and the circumstances of your face to face meeting within the last two (2) years.
- Petitioner’s Letter of Intent to Marry – “Dear Sir/Madam, I [petitioner’s name], state that I am legally able and willing to marry [beneficiary’s name] and intend to do so within 90 days of her (his) arrival in the United States. Yours truly, Signature, Print Name and Date.
- Beneficiary’s Letter of Intent to Marry – “Dear Sir/Madam, I [beneficiary’s name], state that I am legally able and willing to marry [petitioner’s name] and intend to do so within 90 days of my arrival in the United States. Yours truly, Signature, Print Name and Date.”
- Divorce decree if either petitioner or beneficiary had earlier marriages.
- Form G-325A and passport-style photograph for petitioner. Print name lightly on back of photograph.
- Form G-325A and passport-style photograph for beneficiary. Print name lightly on back of photograph.
- If the petitioner has ever been convicted any of any crimes specified in Form I-129F Part C she must give certified copies of court and police records showing the charge and disposition (e.g. sentence, community service, probation, dismissal).The petitioner must do this even if her records are sealed or she was told that she no longer has a record.
- Evidence of an ongoing relationship. These include
- Affidavits of persons with personal knowledge of the relationship (e.g. parents of the petitioner or beneficiary)
- Photographs (dated) showing the couple together that tells the story of their relationship using pictures.
- Correspondence between the parties – copies of e-mails, letters, telephone bills to prove an ongoing relationship
- Receipts for engagement ring or major gift between the parties. An engagement ring is not required but it maybe more persuasive to prove that the relationship is genuine and that the couple intends to marry.
- Receipt of money transfers to or from fiancé, if any
- Receipts for hotel stays in both names
- Flight itinerary to met or visit fiancé – circle the dates. They must show that a meeting occurred within the last two (2) years of the petition date.
- Copies of boarding passes (save these)
- Passport entry and exist stamps for the country where your fiancé lives
- Documentation of wedding plans (invitations and receipt for deposit on a reception hall)
- Adoption record, court order, adoption record as evidence of any name change or use of multiple names. An explanation letter may also be proper where the use of different names by the same party could be confusing.
A petitioner must send I-129F filing fees and exact photocopies of unaltered documents. Any documents containing a foreign language are to be accompanied by a full English translation which the translator has certified as complete and correct.
Notice of Action
The USCIS will create an “A” file for the foreign fiancé once they receive the petition. A first Notice of Action is sent to the U.S. citizen acknowledging receipt. Then USCIS will next send a second Notice of Action indicating that it has approved the petition.
Approved K1 Petition sent to the U.S. consulate where the fiancé can apply for a K1 visa
USCIS will send the approved petition to the National Visa Center (NVC) for processing. The NVC will send it to the U.S. embassy or consulate where the fiancé will apply for a K-1 visa. An approved K1 visa petition is valid for four months from USCIS action. The k1 visa application by the fiancé can now begin.
If you want to know how to get a fiancé visa or have issues with a fiance visa for the United States commonly called the k 1 fiance visa please give my law firm a call at 1-888-747-1108 or contact us through the Contact Us form