THE K PACKET
The phrase “bona fide” stands for something that is done in good faith without fraud or deceit or something that is genuine.
How do the applicant and petitioner establish that their relationship is real?
One of the elements of establishing entitlement to a fiancé(e) visa involves determining whether the applicant intends to marry the petitioner and that the relationship is not for immigration purposes only. Fiancé(e) visa applicants should be ready to discuss how their relationship began and progressed and provide pictures with the petitioner or any other evidence to indicate that the applicant intends to marry the petitioner.
The interview is the applicant’s main opportunity to clearly establish a valid relationship with the petitioner and their intention to get married within 90 days of the applicant’s arrival in the U.S.
The consular officer has to be reasonably satisfied that the relationship is legitimate and not simply for the purposes of obtaining a visa to the U.S.
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I’m so glad to have the chance to find this out. This is a big help to me as I am under K1 visa and have an interview date on Dec. 23rd. Thank you so much USEM for this info. Big help and much appreciated. Looking forward for more blogs from your site.
More power!
hi there,
im 23 y/o and my bf is 25 y/o..he is in the army and station in okinawa,japan till feb 2013. we are together since march 6,2011.. and i just use to come and visit him here in japan .. i was here since sept to dec 2011 ..then i will be back in philippines.. we are thinking about to process k1 visa ..but we wanna know if it is true that he need to be in the states while its on process..?? coz he will get out in feb 2013..and he will find a new job .. and does he need to have a stable job 1st before he file k1, ? even though he has enough savings??
if thats the case ..we will wait till next year , till he find a job after the army … then do the k1 whenever everything is settle and in good condition..
hoping for your response..
by the way he will turn 8yrs in the army by the time he will get out in 2013.. he has his house in texas already but hes still paying for it,, he is an E4 in the army and working as a network administrator..
Hi Gen. Under Section 213A (f)(1)(C) of the Immigration and Nationality Act (INA), the petitioner, as sponsor, must be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States. The domicile requirement that the petitioner/sponsor is maintaining his/her primary residence in the United States or a U.S. territory is related to the public charge provision of law.
We understand that your fiancé is in the U.S. army and stationed in Japan at this time. He does not need to be in the United States while your K1 visa petition is being processed.
Petitioners in K nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the U.S. Government for subsistence.
K visa applicants are required to submit an I-134 Affidavit of Support from the petitioner together with a copy of the petitioner’s most recent Federal income tax return (Form 1040) and wage statements (W2).
If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet the 100% minimum income requirement under the Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant’s support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.
For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.
What if the process is complete before he is out of the military and back in the states. Will I be able to stay in the states while he goes back to Japan to finish his final months left in the military. And also what is the time line for K-1 Visas. I am hearing 3-6 months from the time the paperwork is started(Put in the mailbox and sent to USCIS.) Any guidance will be helpful. Thank you!
American citizens who would like to marry a foreign national in the United States should file a fiancé(e) visa petition (Form I-129F) with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over their place of residence. The USCIS must first approve the visa petition before a fiancé(e) visa application can be considered.
As the USCIS is a separate agency that has sole authority over visa petition approvals, we cannot state with any accuracy how long it may take for them to adjudicate a visa petition.
The USCIS sends approved petitions to the State Department’s National Visa Center (NVC) for pre-processing. NVC will then forward the approved petition to Embassy Manila where the beneficiary will apply for a fiancé(e) (K1) nonimmigrant nonimmigrant visa.
Visa processing time depends mainly on the completeness of information provided by the applicant during the visa interview and the submission of requested documentation to assist with the adjudication. Based on the interview, the adjudicating officer also determines if further review of the case is required to clarify any issues relevant to the applicant’s eligibility for a visa.
Once a fiancé(e) nonimmigrant visa applicant is issued a visa (if qualified) and enters the United States, the fiancé(e) must marry his/her U.S. citizen sponsor within 90 days of arrival. Should the marriage not push through, he/she is required to depart the U.S. before the K1 visa expires. Should the petitioner and fiancé(e) marry, soon after the marriage the alien fiancé(e) must file an adjustment of status with the USCIS to become a legal permanent resident. He/She will therefore be able to legally reside in the U.S.
hi there. my question is..
1. is it ok to process it maybe january 2012..coz his contract in the US ARMY will end feb 2013.. and thats the time he will be back in the states for good and will find another job. my question is.. considering we process it january of 2012 and assuming that it will only take 6-8 months as they use to say.. probably till sept 2012 it will get done or earlier than sept.. is it ok if we get married in the states but after that he will come back to japan coz he need to finish his contract till feb 2013..then he will be back in the states for sure after that contract..
but i will stay in our house with his parents while hes in japan till the day he will be back for good in states.
2.coz we dont want to take the risk.. so we wanna know if that is possible or not..
thanks
The time required to process a visa application to conclusion varies by case and depends on its complexity, and the number and intricacy of other cases awaiting review. In this regard, it is not Embassy policy to tell applicants or petitioners that a visa would be issued by any specific date. In fact, we advise our clients not to finalize travel plans, dispose of their properties, or give up jobs until a visa is actually delivered to the applicant. We are simply unable to commit to issuing a visa on a certain date.
You may apply for lawful permanent resident status once you are issued a visa and enter the U.S., either as a fiancee or as a spouse of a U.S. citizen. Further information regarding visa petitions and adjustment of status are available from the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov/portal/site/uscis. You or the petitioner may also wish to contact the USCIS National Customer Service Center at 1-800-375-5283 regarding your concerns.
Hi there,
Good day… i just want to know or i need some advise regarding the I 1-30 spouse visa. My husband (an american) just filled it 2 months ago. I just want to know if there is any way we can expidite the procedure, as of now my mother inlaw just pass away and my husband and father in law is so anxious for me to be there. Hoping for any advise…
Thank you
We are sorry to learn that your mother-in-law has passed away. In order for us to be more responsive to your inquiry regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, case number, and current contact information clearly indicated.
My k1fiancee visa was approved last october 21 2011, until now i havent received the packet from the us embassy, how long will i wait to now my interview schedulw at the us embassy?
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog. For specific questions related to your case, please send an e-mail to IVManilaReplies@state.gov with your complete name, and case number (if available) clearly indicated. Or you may call the Immigrant Visa Unit’s inquiry line at 301-2000, extension 5184 or 5185.
Hi good day, i already email you all the information a week ago, but since then i didn’t get any reply , Thank you
In order for us to give you a detailed response to your inquiry, please email us at IVManilaReplies@state.gov. Please don’t forget to include the principal applicant’s full name and case number.
Good day,
I already email your good office our details. thank you for the time. Have a great day