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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
- 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 March 2009, for residents in the continental
US who are not on
active military duty, the details are as follows.
|
# of Dependents |
Annual Income |
|
2 |
$18,213 |
|
3 |
$22,888 |
|
|
plus $4,675 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
$18,213 = $54,639 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 $24,639 cash assets to qualify.
$18,219 - $10,000 = $8,213 x 3 years = $ 24,639 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
- 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.
- 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.
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 702, or 1-213-341-0808 ext 702 or Contact