10 Things you Know About K-1 Visa
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10 Things you should know about K-1 Visa
K1 visa is faster than the CR1 visa :Processing times for the K1 visa are faster than the CR1 spouse visa. This is because the K1 is considered a non-immigrant visa so you are not applying for the green card at the same time. Unfortunately, USCIS processing times have increased for all petitions. In addition to this, the US consulates and embassies are taking weeks longer than normal to schedule an interview.
You must meet in person before submitting i-129F : The requirement to have met with each other in person within the last two years is very important. You shouldn’t submit your I-129F petition if you haven’t met this requirement. Gather a good amount of evidence showing you’ve met each other in person.
It’s difficult to get the K1:You may find it more difficult to get the K1 visa approved if applying from high fraud countries. For example: if your fiancé is from Nigeria it’s likely that it will be very difficult to get an approval.
You only need to meet 100% of poverty guidelines:The K1 visa only requires that the sponsor meets 100% of the income requirement. This is good if your income is on the lower end and helps you to avoid using a joint sponsor. On the other hand, you will be required to meet 125% of the poverty guidelines when adjusting status. This is because you will need to complete the I-864 later so it may be a good idea to try to meet this requirement now as well
You are not required to exchange engagement rings:Many couples wonder if they need to have engagement rings to “prove” they are engaged. The answer is no! As long as you both have agreed to get married in the near future, that is all that is needed. Note : Avoid having engagement ceremony photos as this can seem as if you are already married.
Most consulates allow for a joint sponsor:Many consulates and embassies allow a joint sponsor to help you meet the income requirement.But this need to be double checked with the consulate that schedules your interview. They may have strict requirements that no joint sponsor can be used for the K1 visa.
You can use your assets instead of income for i-134: If you are having trouble meeting the income requirement, you may be allowed to use your assets. Using assets is little more complicated than W2 income but it can be done. You must back up the valuation of your assets and they must be liquid.
A child can join you in the U.S. at a later date:Including all your children on the I-129F is really important. If you choose to bring your child at a later date, you can use the “follow-to- join” option of the K2 visa. This means that you and your fiancé can live together in the US and get settled before bringing your child over on the K2 visa.
K1 interview questions will focus on your relationship:The K1 visa interview is meant to find out if your relationship is real. The consular officer will focus on questions about your past, your relationship and your intentions for the future.Be honest but only answer the questions asked. Many people get themselves in trouble by offering too much information that wasn’t asked for. Avoid this!
You can only use the K1 visa once. This means that after entering the US, you should not leave again unless you have advanced parole or a green card. This can be hard if you want to visit family back home but you should wait for your green card.
Why do you need our attorney to help you with your immigration case ?
Our Experienced Attorneys are better equipped to understand and determine how it applies to your specific situation. You will save your time, avoid risks, minimize stress, and receive maximum benefits while working with us, Without our guidance, the process is usually much more overwhelming and the outcome is much more uncertain. The U.S.Immigration law is complex and ever-changing. The decisions and findings are often completely discretionary and highly subjective. A small mistake could end up costing you more money in the long term, result in unnecessary delays, and lead to denial of the petition/application and even deportation from the United States.
We’ve seen so many clients mess up their case because they tried to do things themselves, such as attending a marriage-based green card interview and responding to a Notice of Intent to Deny the visa petition without counsel. If you are not clear exactly what you are doing, get legal advice and representation from an experienced attorney.