Frequently Asked Questions
Q: I am a Permanent Resident; can I petition for my foreign fiancé?
A: No, unfortunately, only a US citizen can petition for a foreign fiancé.
Q: I am a K1 beneficiary. Can my children come with me as K2's?
A: Yes; children of the K1 beneficiary, if listed in the petition, can accompany the K1 parent when going abroad.
Q: Is it true that there are income requirements for the K1 fiancé visa process?
A: Yes; US immigration laws prohibit anyone who is likely to become a public charge from entering the United States.
Q: What form(s) are required for the K1 fiancé visa?
A: The only government form that is required in the initial petition is form I-129F.
Q: How long does the K1 fiancé visa process take?
A: Currently, the time from filing to visa issuance is taking approximately 8 months.
Q: Does the US embassy look at my social media profile(s)?
A: Yes...and no; the US embassy may, at its own discretion, request all social media profiles for a beneficiary of a US visa, including a K1 fiancé visa beneficiary. Recent proposals by the US State Department, if granted, will make this routine for all visa applicants, and will require disclosure of a 5 year social media history.
Q: I want to file for my spouse, whom I married overseas. What form do I need?
A: To file for a spouse visa, a US citizen or US Permanent resident must file form I-130, and include form I-130a; the I-130a must be signed by the foreign spouse.
Q: How much does the K1 fiancé visa cost?
A: The filing fee for either the K1 fiancé visa or a spouse visa is $535 USD, however, there are other expenses that will be incurred during the process, such as medical exams and embassy visa fees; these costs will vary slightly from one country to the next.
Q: Does USCIS look at a US petitioners' background?
A: Yes; in particular, they will look for any history of violent crime and/or domestic violence. Petitioners must disclose virtually all arrests (regardless of outcome), and all convictions for the specified crimes listed on the I-129F. Court records may be required to be attached to the initial petition.
Q: I was previously married. Do I need to include divorce decrees for all prior marriages with my K1 fiancé visa or CR1 spouse visa petition?
A: Yes; all prior marriages must be legally terminated, and documentation must be provided when filing the petition.
Q: Is it true that we must have met in-person in order to file for the K1 fiancé visa?
A: Yes, you must have met in-person at some point during the 2 years preceding the filing of the fiancé visa petition (I-129F). There are some situations where this requirement can be waived, primarily due to religious reasons.
Q: I have only met my foreign fiancé once. Can we still file for the K1 fiancé visa?
A: Yes; the requirement does not state how many times you must meet before filing, only that you have met, in-person, at some point during the 2 years before filing the K1 fiancé visa petition.
Q: What if I don't meet the financial requirements for the K1 fiancé visa?
A: In the event that you do not meet the required income, you will most likely need a co-sponsor to help you meet the requirement.
Q: Does my foreign fiancé need a passport in order to begin the process?
A: No, but they will need to have a valid passport for the interview at the US embassy, as the visa is placed inside the passport.
Q: Does the K1 fiancé visa guarantee that my fiancé will be allowed to enter the US?
A: No, not necessarily. All foreigners entering the US are required to pass through US Customs & Immigration at the point of entry, at which time they should request entry to the country. Until admitted by the officer at the point of entry, they are not legally allowed into the country.
Q: Can I attend the K1 fiancé visa interview at the US embassy with my fiancé?
A: This is dependent on the rules at that particular embassy; some allow this, whereas others do not.
Q: Will my fiancé be required to get a police clearance for this process?
A: Yes; the US embassy will require a current police clearance before making a final decision on whether or not to issue the visa.
Q: Do we need to submit photographs of us together with the petition?
A: Yes; this helps prove that you have met the requirement of meeting in person.
Q: Do we each need to write a letter of intent to marry for the K1 fiancé visa?
A: Yes, both parties should write (or type) separate letters. These letters should include details about your relationship, such as how you met, how your relationship grew, how you started making plans for a future together, etc.; the letters should also include a clear statement of intent to marry within 90 days of arrival in the US using the K1 fiancé visa.
Q: Is there a way to expedite my case?
A: Expedite criteria is quite strict, and is not frequently granted.. However, if there are extreme hardship, medical or humanitarian reasons involved, then a request to expedite can be added to a petition, but keep in mind that this is only a request, and there is no guarantee that the request will be granted.
Q: My foreign fiancé was previously denied a US visa. Will this be a problem?
A: This is dependent on a host of factors, as no 2 cases are identical. Contact us for further clarification relating to your particular circumstances.
Q: Can a high-priced immigration lawyer make the K1 fiancé visa process faster?
A: Absolutely not. Whether you hire a lawyer, an agency, or file this yourself, nothing can speed it up, as all cases are handled as they come in to USCIS for processing.
Q: I am in the US military. Does Visa Services International give military discounts?
A: YES!! As a way of saying "Thank you for your service", VSI offers a 10% discount to all active duty or retired US military personnel.
Q: After my fiancé arrives in the US, what do we need to do next?
A: You must marry within 90 days of arrival in the US, then prepare to file for AOS (adjustment of status).
Q: If I use Visa Services International for multiple processes, do you give a discount?
A: Yes, VSI offers a client loyalty program, as well as progressive discount program for multiple petitions. Please contact us directly with your specific needs & questions.
Q: What other evidence can I use to prove a valid relationship, and that we have met?
A: Other evidence can include chat logs, video call screenshots, boarding passes for travel, entry/departure stamps in your passport, remittance receipts, hotel receipts, emails/snail mails, etc. Every case is different, and VSI will help you in selecting the appropriate evidence to submit.
Q: The K2 children do not have their passports. Can we still file?
A: Yes, however they will need to have valid passports when the case reaches the US embassy.