This is Fred Wahl the VisaCoach
Todays topic is: What are the Eligibility requirements for a K1 Fiance Visa
in 2018?
Visa Coach
Fast, Easy and Personal
I am Fred Wahl, the VisaCoach, I am known for the
personal one-on-one relationship that WE share, (that's you, me and your partner), as WE work
together, as a TEAM, to overcome the many challenges
of immigration,
Don't risk your happiness, Don't go this course alone.
Alone, it's far too easy to make mistakes that cause tears,
delays and expensive denials.
Do Pick up the Phone and speak with me directly, so that,
you and I, can get to know each other.
This is the complimentary case evaluation I talk about
later.
If we are compatible, that's the beginning of our beautiful
relationship to get you the immigration approvals you need.
This is what two of my clients Keith and Marry, had to say:
Marry comes from the Philippines and I helped her get her Fiance visa
and after the wedding we applied for her Green Card, which is still
in process.
Thank you Fred for your help,
Your assistance have been phenomenal in helping get Marry to the United States.
The interview only lasted about 5 minutes it was very fast and professional
but we had a year for a medical delay and you was there to answer every question that
we had.
In my opinion you went above and beyond the Call of Duty.
Thank you very much for everything you have done for us and
we are looking forward to the next step the adjustment of status.
Keith and Marry, You are most welcome:
Now, lets talk about "Eligibility requirements for a K1 Fiance Visa in 2018?".
I am going to list point by point what the requirements are.
1.
Both Sponsor and Fiancee are "free to marry"
That means, they have always been single, or if previously married that marriage is
ended by divorce, annulment or death.
2.
The couple has met in-person within the past two years.
This means both have met face to face, in person.
Webcams are great, but only the in person meeting, breathing the same air
counts.
3.
The couple's relationship is "bona fide".
The couple has a sincere relationship between them.
It does not have to be a "Hallmark Greeting Card" romantic relationship.
But it must be sincere that the couple TRULY want to spend their
lives together, that they are not shaming, they are not undergoing this
process, only for immigration purposes.
4.
The couple's engagement matches cultural norms, from Fiance's home country
A similar requirement to being "bona fide" is that the couple ACTs "bona fide"
as well by following the culural norms from the Fiance's home country.
What that means is that if for example: in the
country and culture of the Fiance an engagement celebration is expected, or
a ring is expected, or a dowry is expected, or full involvement
of the family is expected, then the couple should do what is expected.
5.
The couple "intends" to marry.
The couple has serious intentions to marry if the visa is granted.
That means the couple should in good faith hope
that should all go well within the 90 day visit they will marry.
In practice the promise that they "intend" to marry, doesn't mean they
MUST marry.
If things don't go as planned, they are not forced to marry,
instead the fiance should return to home country.
6.
Sponsor must be a US citizen.
That means Green card holders, lawful permanent residents in the USA are not eligible
7.
Sponsor's income is over 100% of his states poverty level.
In 2018 this means $16,460 annual income for the sponsor and fiance, plus $4,320
for any additional household members (usually this means dependent children)
Cash assets or home equity can subsitute for income.
8.
Sponsor has not applied previously 2 or more times.
The US sponsor is officially limited to 2 fiance visa applications in a lifetime.
To apply again, a waiver from being ineligible to apply again must be granted by
USCIS.
9.
Sponsor must wait 2 years from last fiance visa application.
The US sponsor is officially required to wait at least 2 years between applying
for a fiance visa.
To apply again sooner, a waiver from being forced to wait
to apply must be granted by USCIS.
10.
Sponsor can not have been convicted of certain crimes.
If previously convicted of domestic violence, sexual abuse, child abuse,
dating violence, stalking, multiple controlled substance violations
or homicide.
The US sponsor is ineligible.
Depending on the circumstances of the past convictions, a waiver from being
ineligible to apply must be granted by USCIS.
11.
Foreign Fiance has a passport.
The Fiancee possesses a passport permitting her to travel across international
borders.
The fiance visa will be stamped into the passport.
The visa is usually good for 6 months, so the passport must have
at least 8 more months of validity.
12.
Foreign Fiance passes medical exam.
The Fiancee has the required vaccinations, does not
carry any diseases that would cause a public health risk, does not
have any dangerous physical or mental disorder.
Does not have a medical condition that would require public
financial assistance to treat.
13.
Foreign Fiancee has not (seriously) violated U.S. immigration laws.
Overstaying previous visas to USA, deportation, misrepresentation and fraud
to US immigration may prevent approval of the fiance visa
14.
Foreign Fiancee is of good moral character.
This is kind of a "catch all".
It was designed to prevent criminals and sex trade workers from being eligible.
But sometimes the consular officer can also apply this rule to other
situations.
For example if the courtship between Fiance and American
sponsor took place before divorces to prior spouses were final,
the consular officer could consider the relationship at that time
to have been adulterous, and deny on moral grounds.
15.
Couple marries within 90 days of arrival to USA
Finally, after the Fiance visa is Granted, and the foreign fiance
travels to the USA.
The couple has 90 days, after landfall to marry.
As long as the wedding took place on schedule, the foreign fiance
is eligible to apply for her or his green card and permanent residency.
If the wedding did not occur, the foreign fiance should leave the USA
by day 90.
This was Fred Wahl, The VisaCoach
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Before starting on your immigration adventure, before
entering an arcane maze of rules, regulations and procedures,
before committing yourself to a risky path that could
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and ask for his Free Case Evaluation.
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