Are you and your Fiance Eligible for a K1 Visa ?
In order to be eligible to apply for the visa, the following
requirements must be met, and documentation must be available as proof:
Sponsors Eligibility Requirements
- The
Sponsor is a US
citizen.
- The
sponsor must have sufficient income or assets to indicate that he is
financially able to support the fiancée to prevent the fiancée from
becoming a ward of the state.
The sponsor’s annual income based
on the number of dependents his combined household will have, should be at
least $125% of his states poverty level.
As of January 2008, for residents in the continental US who are not on
active military duty, the details are as follows.
|
#
of Dependents
|
Annual
Income
|
|
2
|
$17,112
|
|
3
|
$21,462
|
|
|
plus $4,350 per
Additional dependent
|
Alternatively the sponsor can
demonstrate he has at least three years times the annual amount in easily
convertible assets, stocks, bond cash to quality. For example, a retired
sponsor with no other dependents, except for his fiancée, needs 3 years x
$17,112 = $51,336 convertible assets to qualify.
Alternatively a combination of
income and assets will work. For example, if sponsors income is $10,000 per
year, then he should have $21,336 cash assets to qualify.
$17,112
- $10,000 = $7,112 x 3 years = $ 21,336 cash assets needed.
Alternatively a co-sponsor with
income or assets may be enlisted.
Note: the annual income
requirements are slightly higher for residents of Hawaii,
and Alaska,
lower for active military.
C. Sponsor
is free to marry at the time the petition is filed.
- Sponsor
has not previously petitioned for 2 or more K-1 visas..
E. Sponsor
has not had a K-1 visa petition approved within two years prior to the
filing of this petition.
- The
sponsor has not been CONVICTED by a
court of law (civil or criminal) or court marshaled by a military tribunal
for any of the following crimes,
even if the records were sealed or otherwise cleared or if anyone,
including a judge, law
enforcement officer, or attorney,
advised he no longer has a record.
Domestic violence, sexual assault,
child abuse and neglect, dating violence, elder abuse or stalking.
or
Homicide, murder, manslaughter,
rape, abusive sexual contact, sexual exploitation, incest, torture,
trafficking, peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false imprisonment or
an attempt to commit any of these
crimes,
or
Three or more convictions for
crimes relating to a controlled substance or alcohol not arising from a single
act.
- The
Sponsor and Fiancee have physically met within the past two years.
- The
Sponsor and Fiancee have a sincere relationship between them and have
serious intentions to marry if the visa is granted.
Fiances Eligibility Requirements
In order to be eligible to petition for the K-1 visa, the
following requirements must be met, and documentation must be available as
proof:
- The Fiancée
is free to marry at the time the application is filed.
- The
Sponsor and Fiancee have physically met within the past two years, before
the application is filed.
- The
Sponsor and Fiancee have a sincere relationship between them and have
serious intentions to marry if the visa is granted.
- The
Fiancee possesses a passport permitting her to travel across international
borders.
In addition, if any of the following apply to the alien
Fiancee, she will NOT be eligible to receive the visa.
- An
alien who has a communicable disease of public health significance; who
has failed to present documentation of having received vaccinations in
accordance with U.S. law; who has or has had a physical or mental disorder
that poses or is likely to pose a threat to the safety or welfare of the
alien or others; or who is a drug abuser or addict.
- An
alien convicted of, or who admits having committed, a crime involving
moral turpitude or violation of any law relating to a controlled substance
or who is the spouse, son or daughter of such a trafficker who knowingly
has benefited from the trafficking activities in the past five years; who
has been convicted of 2 or more offenses for which the aggregate sentences
were 5 years or more; who is coming to the United States to engage in
prostitution or commercialized vice or who has engaged in prostitution or
procuring within the past 10 years; who is or has been an illicit
trafficker in any controlled substance; who has committed a serious
criminal offense in the United States and who has asserted immunity from
prosecution; who, while service as a foreign government official and
within the previous 24-month period was responsible for or directly
carried out particularly severe violations of religious freedom; or whom
the President has identified as a person who plays a significant role in a
severe form of trafficking in persons, who otherwise has knowingly aided,
abetted, assisted or colluded with such a trafficker in severe forms of
trafficking in persons, or who is the spouse, son or daughter of such a
trafficker who knowingly has benefited from the trafficking activities
within the past five years.
- An
alien who seeks to enter the United States to engage in espionage,
sabotage, export control violations, terrorist activities, the overthrow
of the Government of the United States or other unlawful a activity; who
is a member of or affiliated with the Communist or other totalitarian
party; who participated in Nazi persecutions or genocide; who has engaged
in genocide; or who is a member or representative of a terrorist
organization as currently designated by the U.S. Secretary of State.
- An alien
who is likely to become a public charge.
- An
alien who seeks to enter for the purpose of performing skilled or
unskilled labor who has not been certified by the Secretary of Labor; who
is a graduate of a foreign medical school seeking to perform medical
services who has not passed the BBME exam or its equivalent; or who is a
health care worker seeking to perform such work without a certificate from
the CGFNS or from an equivalent approved independent credentialing
organization.
F. An
alien who failed to attend a hearing on deportation or inadmissibility
within the last 5 years; who seeks or has sought a visa, entry into the
United States; or any immigration benefit by fraud or misrepresentation;
who knowingly assisted any other alien to enter or try to enter the United
Sates in violation of law; who, after November 30, 1996 attended in
student (F) visa status a U.S. public elementary school or who attended a
U.S. public secondary school without reimbursing the school; or who is
subject to a civil penalty under INA 274C
- A
alien that was an exchange visitor, and has not yet met the two year
foreign residency requirement.
Doing it Yourself ? Try this expert tip.
Expert Tip # 1
Don’t attempt to game the system by applying for a tourist, student or employment visa for your Fiancee. Not only does this waste time waiting to hear that your Fiancee’s application has been rejected, but it will serve to identify your Fiancee as someone probably attempting to enter the U.S. under false pretenses. All Fiancee visa applications are initially viewed skeptically by USCIS with the underlying assumption that a possible attempt to circumvent U.S. immigration laws is being attempted. The USCIS mandate is skewed to preventing fraud, not to bringing happy couples together. Applying for a Fiancee visa after unsuccessfully applying for other visas will subject your Fiancee to extra scrutiny and delays at best, an outright rejection at worse.
Learn more Do it Yourself Fiancee Visa tips at Fiancee Visa Secrets.com.
The staff at
Heart
of Asia International Dating Personals is proud to
provide expert assistance to help you
inexpensively manage the daunting task of filing the forms and
preparing
the documentation required by US immigration (USCIS) to bring
your fiancee to the United States.
Fiance Visas Questions? Call Toll free: 1-800-806-3210 ext 704, or
1-213-341-0808 ext 704 or Contact
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