Frequently Asked Questions about the K1 Fiancee Visa

Below are a number of frequently asked K1 Visa questions by our clients and prospective clients. If you have a question or concern that is not addressed below, feel free to contact us and we will be happy to answer any other questions you may have.

My wife has moved. Our petition has been approved, and it’s ridiculously hard trying to contact the NVC. What is the best way to get my wife’s address changed, and who should I contact?

 Look at your NVC paperwork. There is a special "address change" mail station and address for the NVC. Send it by mail.

 After receiving the visa how long will it take to get the CFO stamp?

 You can get the CFO stamp (if she already has the CFO seminar certificate) in just an hour or so at a CFO office.

 Can she get her immunizations before she has her medical exam at St. Luke's or get them at that time?

 Have your gal get her immunizations at the St Luke's medical exam, not before. The immunizations are part of the fee. If St Luke's tells her the immunizations aren't necessary, you will just have to pay for them again in the U.S. before you do her Adjustment of Status.

 How long after the USCIS Approval Notice of Action until the interview date letter and Embassy packet?

 The Embassy packet and interview date letter are sent by the Embassy about 2-3 months after the USCIS Approval Notice of Action.

 My fiancee is a nursing graduate; can she come to the USA on a work visa?

The nursing graduate would need to take the qualifying test to work in the U.S.  So long as the annual quota limits have not been filled, she should then work with a recruitment organization (with a credible reputation) which can place her in the U.S. and assist with her visa paperwork.

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Can my fiancee come to the USA on a work visa?

 The main factor in whether or not you may be a candidate for a work visa to the US is your qualifications. If you are a nurse or in some other highly sought out field you have a chance. However, if not, you are wasting your time. The USCIS will not approve you for jobs that are not highly in demand.

 What Documents Do You Need to Show That You Are a U.S. Citizen?

 A.  If you were born in the United States, give USCIS a copy, front and back, of your birth certificate.

B. If you were naturalized, give USCIS a copy, front and back, of your original Certificate of Naturalization.

C.  If you were born outside the United States and you area U.S. citizen through your parents, give USCIS:

(1) Your original Certificate of Citizenship, or

(2) Your Form FS-240 (Report of Birth Abroad of a United States Citizen).

In place of any of the above, you may give USCIS a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

 Baptismal certificate: A copy, front and back, of the certificate under the seal of the church, synagogue or other religious entity showing where the baptism, dedication or comparable rite occurred, as well as the date and place of the child's birth, date of baptism and names of the child's parents. The baptism must have occurred within two months after the birth of the child.

 What is the cost to file an I-129F Petition for Alien Fiancee?

 The USCIS raised the filing fees for Fiancee Visa Applications (I-129F) on July 30, 2007.  The cost of the application is now $455.00

 Do I need a Lawyer to file my Fiancee Visa Applications? Do I need a Fiancee Visa Lawyer?

 You do not need a Fiancee Visa lawyer or Immigration Attorney to apply for a K1 Fiancee Visa. Filipina Fiancee Visa Service can assist you with the entire k1 fiance visa process from start to finish for a tiny fraction of what a Fiancee Visa lawyer or Immigration Attorney would charge you.

Attorneys cannot get your visa petition approved any faster than we can, even though they may say they can. The fact is the USCIS will not accept additional fees to expedite your visa approval.

Since we are not attorneys, and we do all the work ourselves, we do not need to charge the high fees that are typically charged by Immigration Attorneys. Many attorneys actually send the work to paralegal assistants and do not do the paperwork themselves.

 I just visited the Social Security office to apply for her SS card. The social security representative said that my fiancee was showing up in the system as a K-1 but that her status has not yet been verified. The SS representative provided her with a letter and reference number stating that she had applied for the SS card, and he indicated that it might be several weeks before Social Security could issue the card. Is this unusual?

 Very normal. Expect the card in about 3 weeks.

 What documents are required for the K1 fiancee interview? What documents are required for the fiancee' K-1 visa interview?

1. Original Appointment Letter
2. DS-156, 2 Each (1 with proof of payment) (with two - 2 X 2 Passport photos)
3. DS-156K, 1 Each
4. DS-157, 2 Each
5. Birth Certificate from NSO
6. NBI Clearance
7. Certified copies of divorce or annulment documents (if any).
8. I-134 Affidavit of Support
9. Last U.S. Federal Tax Return
10. W-2's
11. Pay Statements
12. Bank Statements
13. Evidence of Genuine Engagement, Photos showing the two of you together, Plane Tickets, letters and correspondence, Receipts of Stay, Phone Bills.

The USCIS is very interested in being certain that it is not a "sham"
marriage for the purpose of immigration.

How hard and long is it to get a relative from Philippines to be approved for a US Visitation Visa?

There is no such thing as a "visitation" visa if you are talking about something different than a B1/B2 visa. The standard visitor visa falls under the umbrella of B1/B2 (B2 usually). In addition, the U.S. relative doesn't get these visitor visas for relatives. The relatives must apply for them directly from the Manila Embassy.

My income level is too low to qualify as a sponsor under the government’s rules. Is there any way to avoid this requirement?

No. You can’t avoid the sponsorship requirements. However, it’s possible to find a co-sponsor to help with you with this problem. The co-sponsor must be able to meet all the government’s financial and document requirements just as though he or she were the sole sponsor. You must submit all your forms and documents as well, even if they show a low level of income.

Can I file for a K1 fiancee visa myself without assistance?

If you do not prepare the forms correctly and make sure that you include all supporting documents that are required you will encounter long delay or possible denial of your K1 visa petition.  Once the USCIS notifies you of a mistake on your fiancée visa application, it can be a real nightmare to correct. It takes so much time, effort, and money to correct mistakes.  If you make just one mistake in completing your K1 visa forms you could be required to start over and completely re-file your fiancee visa application. The USCIS is very difficult to contact and to work with.

We reduce the risk of having your K1 visa denied by making a mistake. The U.S. Embassy in Manila is one of the toughest Embassies in the World to get a K-1 visa from. About 50% of fiancées fail to receive their visa on the day of interview. Three reasons account for about 90 percent of all refused immigrant visas in Manila. Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays. Get your bride at your side quickly by using the professional services of Filipina Fiancee Visa Service. Our fees are the most reasonable you will find anywhere and we have the experience you need.

How much will a lawyer charge to do a K-1 petition?
Varies widely, but quotes here in Los Angeles were:
$1500-$5000 due upon approval of petition.

How long is K3 status good for?
Two years after entry in the United States. The K-3 visa must be used within four months from the date of approval to enter the United States.

If the child is not named on the I-129F petition, will that be a problem?
The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

How do I qualify for a child of a spouse (K-4) nonimmigrant visa status?
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

How does a K-4 child adjust status in the United States?
The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

Can those with K-3 (Marriage Visa) and K-4 visas change to another non-immigrant visa category in the United States?
K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?
Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.