|
|
|
K-1 fiance(e)
visa basics
Attention U.S./Chinese
couples: Attorney Huang has extensive experience handling K-1 fiancee
visas for Chinese fiancees. He travels regularly to Guangzhou, China to
visit the U.S. Consulate General there. He is familiar with the processes
Chinese fiancees will undergo and has an excellent 100% success rate.
Contact us for more information.
There are two basic steps to getting a K-1 visa. The first one
involves the Petition which is completed by the U.S. citizen while
the second step involves the Application which is the alien's
request for a K-1 visa stamp at their home country's U.S. consulate.
The completed petition is sent to the CIS for approval. Upon receipt
of the petition, the CIS will send the U.S. citizen a receipt notice
indicating that they have received the petition and providing an
approximate time frame for how long the processing will take.
Once the petition has
been approved, a Notice of Action (I-797) is sent to the U.S.
citizen reflecting the approval. The file is then sent to an U.S.
consulate in the alien's home country. Once received, the U.S.
consulate will contact the alien and provide information about
setting up an appointment to obtain a K-1 visa stamp. On the day of
the appointment, the K-1 beneficiary will required to produce
documents showing that s/he is not excludable for health reasons. If
everything is in order, s/he will be granted a K-1 visa stamp.
Before proceeding, it is best to
first gather all documents that will be needed. They include the
following:
-
Proof showing that the
petitioner is a U.S. citizen: U.S. government issued birth
certificates are best.
-
Proof that each is legally
free to marry. If any was previously married, s/he will need to
include documents showing that the marriage was terminated
through death or divorce.
-
Proof that that the alien has
the genuine intention to marry the U.S. citizen within 90 days
of his/her arrival into the U.S. This can be in the form of:
wedding plans, church reservations, caterer reservations,
receipts for deposits placed, wedding invitations, letter from a
pastor indicating that he will be presiding over the ceremony.
-
Proof that the two have met
within the past two years. This can best be shown through
pictures of the two being together. The picture should have the
date imprinted on it by the photo developer to show that it was
taken within the past two years. This is an important
requirement. Failure to meet this requirement will often result
in a denied fiance petition.
Upon the approval of the K-1
petition, the CIS will send the file to the U.S. consulate
designated on the I-129F form. The U.S. consulate will notify the
alien when they have received the file and provide the alien with
forms and information and an appointment time.
One of these forms is
another biographical information form. This form will be used to
conduct a background security check on the alien. The DS-156 is
another form that must be completed.
The alien will also have to bring the
Affidavit of Support to the appointment. This form shows to
the officer at the U.S. Consulate that the signor will take
financial responsibility for the alien.
For the appointment, the
alien must be prepared to present the following documents: a valid
passport, police clearance certificates, passport photos, and copies
of all the paperwork submitted for the Petition in Step One.
The
alien will also be required to undergo a medical examination. The
notice that is sent to the alien from the U.S. Consulate when the
petition is approved by the CIS and received by the consulate will
provide instructions on where to go see a medical examiner. The
interview is designed to verify all the information contained in the
application.
Assuming that the alien
is not excludable and that s/he and the U.S. citizen have physically
met within the past 2 years, intend to marry within 90 days of the
alien's arrival, are both legally free to marry, have properly
completed the paperwork, and have all supporting documents to prove
these claims, the application should be approved and the alien will
be on his/her way to joining their future spouse in the U.S.
|
