K1 Visa Frequently Asked Questions

QUESTION:

Divorced Before I-485 Filed For Green Card, Can I Adjust With Another US Citizen?

Came the US by Visa K1 05/16/2016 then got married 05/25/2016. But our relationship does not work… And divorce 03/2017 and have no Green Card right now ( I did not show up in my interview) my luckily I am in love with other man U.S CITIZEN… What we should do to for me stay here with my love…

ANSWER:

Unfortunately, it will be very hard for you to adjust status now that you are divorced without a green card. You can’t just marry another US citizen to help you file the I-485. The only way you can get a green card is if you were abused by your ex husband and filed for VAWA. But this route is also very hard and you need to provide a lot of evidence of the abuse (if you were abused).

If you both simply decided that you are not compatible, you have no way to stay in the US legally. You must go back home and have your new boyfriend file the K1 petition for you or get married and file the CR1.

I’m sorry that your marriage didn’t work out, I’ve seen this happen a lot. What’s important is that you don’t overstay more than 6 months after you divorced because you will be accruing unlawful presence time and could get a 3 or 10 year bar on your record.


QUESTION:

Divorce before adjustment of status on K1 visa, can my wife self petition for herself? I want to help her stay but don’t want to sign I-864.

Out of respect for my wife, I can’t get into too much detail of why things didn’t work out. She came on a 90-day k1 fiance visa. I was hesitant going into the marriage and we did it at the very last minute. But now I realize I was really feeling sorry for her about having to go back so I thought we could explore options for her to stay without the pressure of the 90 days. t

Now she qualifies to adjust status, but as mentioned I’m sure I’ll need a co-sponsor but a family member is no longer an option. I’m also concerned about taking on the responsibility of the affidavit of support since things have not been that good. And if I’m uncertain about this, I can’t try and convince a family member to sign either. She has some relatives in NY and CA but it doesn’t look like they can help.

I still care for her and have made some other arrangements for her to return home where I would help her get back on her feet financially. Hopefully everything will be ok.

I saw your article online and thought I’d raise the question. I wondered if she stayed here and found something to do maybe she could self adjust without me having to sponsor her. But that doesn’t appear to be the case. And it’s getting increasingly difficult to trust each other so I wonder how much longer we can stay in the same house.

Thanks for taking the time to respond. Sometimes there is a need to talk to others who may have had similar experiences.

ANSWER:

I’ll be honest and tell you that the affidavit of support is dangerous if you are not in a loving marriage. I’ve seen it used in court to force the US petitioner to pay “alimony” type payments as well as being sued by the U.S. government if the immigrant applies and receives government welfare. I would only sign the affidavit for a spouse that I planned to be with forever or at least 10 years. Why? Because the affidavit remains in affect for 10 years or until she leaves the US permanently or dies. This is how serious it is when you sign the document.

You are right that she can’t self petition for herself alone. She still needs a US relative to petition for her and sponsor her financially. If this is not an option she will be considered at risk of becoming a public charge and become inadmissible in the US. If the marriage isn’t working out, her best option is to go back home and figure out another way back to the US (work or student visa maybe)?

I’m sorry that you both are in this difficult situation. I understand your motives to help her but please be careful because if USCIS thinks that you are committing immigration fraud, you could be fined $250k or jailed for up to 5 years.


QUESTION: My fiancee and I are worried about the K1 interview, should we cancel it?

See I’m having my appointment this week and me and my fiance have very strong love as one flesh always and infinity , we’ve been together more than 7 years chatting and talking on the phone and she had come to meet me one time and we were so very excited to be together.

What it really worries me right now two things one thing that my fiance is older than me in about 28 years old, second thing that I’ve applied for b1-b2 visas to the USA three times to see her with the evidence but I got denied so what do you think will it be alright having my appointment for the k1 visa or should I cancel it.

ANSWER:

Don’t cancel your interview for the K1 visa. Just be prepared by studying the questions that will be answered. As long as you can show you have a bona fide relationship you have a good chance at approval.

https://mypathtocitizenship.com/top-k-1-visa-interview-questions


QUESTION:

How do I choose between the K1 and CR1 visa?

Hello, I have just a few questions. We have spoken to some lawyers, but we are so scared to make a decision between fiancé visa and marriage visa. I am 34 year old, American and he is 20 year old Togolese. I have been teaching Sign Language for the last 2 years in his country and taught him Sign Language also so he can teach the deaf. I have spent a total of 16 months with him working in the deaf community, but we did not start courting until January 2017.

May 2017 I returned back to America. We have decided to marry…but are scared about what choices we have. We do not want to be denied. My parents want to be part of the wedding but my mom health makes it hard for her to travel. We want to marry in America. But we are told because of age difference and I am older (not considered normal) marrying in his country is better.

But not impossible to marry in America….. we are so scared to be denied and want to choose the best option. But we would like my family part of this and this means only marrying in America. But will we be denied…..I know you do not know the answers to that…but do you feel it is better to marry in his country so we can prove we love each other?

ANSWER:

I understand your hesitation about picking the right visa. Applying for a K1 fiance visa will allow you to get married in the United States and have your family attend. The problem with the K1 visa is that there is a higher chance of them denying your case compare to the CR1 spouse visa.

The reason a K1 visa will be harder to get approved is the age difference, how long you’ve known each other, his immigration history and the level of visa fraud that the US consulate/embassy gets from Togolese.

I’m not trying to discourage you from applying for the K1 but just know that it’s hard to get because the immigration officer will see that you both aren’t risking much by getting engaged and applying. On the other hand, if you’ve spend the money to travel and have the wedding abroad, they will see the relationship as being more serious.


QUESTION:

How to prove an ongoing relationship if using Facebook chat and Skype?

An easy question for you but one that I do not know the answer. I am in an ongoing relationship with a Philippine national Filipina currently on contract in the UAE with a Muslim family where I can’t visit, but moving back to the Philippines where I can. Couple questions.
1) do I have to screenshot every last message Chat phone call record or can they just pull it off my phone somehow some way. Currently I’m keeping screenshots. To print them off would be a horrificly big job. I just checked and Facebook Messenger just identifies the day and time at the start of many messages. And Skype identifies the length of a phone call but not the day or time. And for a Skype message it simply says today at 3:13 p.m. for example. No evidence of date
2) When I visit her in the Philippines, she said I could stay with their family, and that she refuses to allow me to stay in a motel or hotel. I’ve heard that that is one of the things they look for; receipt of a hotel stay or stays. What should I do if I don’t have that type of lodging?
ANSWER:

That’s a great question!

1) You will need to print the documents you intend on using as evidence of your ongoing relationship. They will not accept anything electronic and most consulates won’t let you bring a phone to the interview either. You don’t need to bring every single conversation but it needs to show continuous communication between the both of you. It’s better to have documents that show a date but you can explain that FB and Skype don’t show this. Another option is to contact their support departments and ask them if there is a setting that will show the actual date for the chats and calls.

2) You don’t necessarily need a hotel receipt but you need to prove you were in the same city as her. You can include boarding pass, receipts for restaurants and her family can provide affidavits stating that you stayed with them. This may actually be in your benefit because it shows you are close enough with her family that they let you stay there.


QUESTION:

I have a foreign fiance who lives in Vietnam. I’m trying my best to get him here as soon as possible. The distance is draining and the trips back and forth are messing with my health. He doesn’t really make much money, and he’s lived a pretty low profile life. I’m the opposite. My worst fear is denial. I’ve never loved anyone more than him, but this is hard. I’ve also got a 4 year old daughter. They love each other. I really appreciate your course.

ANSWER:

Congratulations on your recent engagement! Yes, the long distance can be grueling and difficult the long you are apart. I was there about 5 years ago when my husband and I were long distance for years before we applied for the K1 visa. The wait was hard and it really tested out relationship, but I can tell you that you two will get through it and it will make your future marriage much stronger.

If you signed up for my K1 visa course, you will get emails from me on each step of the process. It will help you understand exactly what you need to do which will save you time and headache trying to find this information on USCIS.gov or other sites. I’ve spent a lot of time putting this information together and it’s exactly what I did to get approved.

Don’t worry about a denial, its not likely if your relationship is real. Just include as much evidence that you are genuinely together for love and you will be approved. I’m sure your daughter cant wait to have him in her life too, hang in there!

I’m here if you have any questions. 🙂 Can’t wait until you both are approved and finally living together! It can and will happen.


QUESTION:

Was reading your blog and I was just wondering if u have any advice for me. I’m going to petition my Filipino bf. I’m a dual citizen. Filipino and US. I was born in the Philippines, but my dad made me US citizen when I was a baby. I became Filipino citizen when I was around 16. I was just wondering if that’ll be a problem when petitioning my bf. My birth certificate is Filipino, but I have a US passport. I’m thinking about getting a lawyer because of that. Do you have any advice? Thanks. 😊😊😊 you’re so pretty BTW!

ANSWER:

No, there is no issue with you being a Filipino citizen as well as a US citizen. Save your money on that lawyer because you can petition for your BF without one, trust me I know hundreds of couples who have used the visa guides I provide as well as the uscis.gov website.

I assume you will be getting engaged and filing for the K1 visa? The process is straightforward as long as you are patient and pay attention to details. You can follow the process and timeline I created here https://mypathtocitizenship.com/k-1-visa-step-by-step-guide-how-to-get-approved-for-a-k-1-fiancee-visa

I came to the US on a K1 visa so if you have any specific questions, feel free to ask me.

If you really want to hire a lawyer, make sure to interview them and ask for information about previous petitions they’ve filed. You will still need to review the paperwork they help prepare to make sure there aren’t any mistakes. Thank you for the compliment, you’re very kind! 🙂


QUESTION:

Hi there, your blog here has really helped me out with getting concise information about the whole process. I thank you so much for creating this. I’ve been having such a hard time without my fiancé but it helps being able to look through this and see where we are in the timeline. I know you say to try and not get so stressed but it’s tough when the person you want most in the world is thousands of miles away, as I’m sure you know.

We’re still waiting for the first part of our application to get processed and approved, but I have some questions regarding after the whole visa is approved. I’m just confused about what happens after we get married? Does my fiancé then have to apply for a green card? You mentioned it was about $1000+ to file for it. Is this true? Is this how he gets a social security number and can then obtain work and a drivers license? Also what about the sponsor part? I’m supposed to make a certain amount of money per month in order to support him? I’m really confused on that whole “after” aspect. Please help!!

And again Thank you so much!

ANSWER:

I’m so glad you found the site helpful! That was the main goal of creating it. 🙂 Yes, being separated is the hardest part and you just want to get an answer asap from USCIS and the consulate so you both can start your lives together. I was there back in 2012 and I can tell you that now looking back the 9 months we waited wasn’t so long compared to the many years we get to be together now.

Once your fiance arrives in the U.S. and you get married, you have to file the following:

I-485 (adjustment of status)
I-765 (employment authorization) and
I-131 (advanced parole which is optional).

There is no fee to get a SSN, he just needs to go to the social security administration after he arrives on his K1 visa. Just make sure you get the SSN before the K1 visa expires (within 90 days of entry). Same thing with the driver’s license. It will only be valid until the K1 visa expires then once he gets his green card, they will renew the license to expire when his green card does.
485

Some states allow you to get a DL with just the first notice of action (NOA1) with a pending I-485. Double check with the DMV in your state though.

Total cost of the adjustment of status process is $1,225.00. To complete the affidavit of support I-864, you need to make a certain amount of money. I’ve written a step-by-step process on how to fill the I-864 when you are adjusting status for a green card. https://mypathtocitizenship.com/fill-form-864-affidavit-support/

QUESTION:

I live in Algeria and I’ve known my fiancé for 6 months and recently had a trip together and spent a week in Cancun. After coming back home, I proposed to her and she accepted and now we dont know if it’s the right time to fill for a k1 visa or if we need to wait more to file.

I am 32 years old and she is 34 years old we spent a week together and we have being talking to each other since 6 months. Thanks for your advise.

ANSWER:

No need to wait, file as soon as you have all the documents and evidence. If you haven’t met more than once or twice make sure to provide a lot of evidence of your relationship such as pictures, emails, chat records, phone records, hotel receipts, train tickets, boarding passes… everything that you can include to show that you were together and constantly communicating.

To file the I-129F and K1 visa, follow the guides I’ve created https://mypathtocitizenship.com/k-1-visa-step-by-step-guide-how-to-get-approved-for-a-k-1-fiancee-visa/

Good luck and congrats on your engagement!


QUESTION:

Hi, friend. Thanks for your previous helps. 2 questions:

1) do we schedule interview, or wait for them to contact us, and
2) how do I pay the fees (or will they let us know)?
ANSWER:

It depends on the consulate. Some will schedule it for you and send you a letter that will tell you the day and time. Others will tell you to log into their website to pick a day and time that’s available.

You will pay the fees during the national visa center stage. You should receive instructions from them on when to pay the fees and how to log into their website. Fees are paid online using your bank account


QUESTION:

Hello my Filipino fiance had her interview with the U.S. embassy over a month ago and at the end of the interview they asked her if I had any kids and she said yes and told them I was married and divorce 2 times.At that point they told her everything was good on her end but they wanted my divorce papers from both marriages that were from many yrs ago.So a week after the interview I sent her the documents and she sent it to them immediately, it’s been a month and all they say it’s processing.How long do 2 people that are so in love have to wait. Can you prove me with any answers….thanks

ANSWER:

I completely understand your frustration with how slow the process is. Now that you’ve submitted everything they needed, it will take some time for them to review your documents. They may also be running background checks on your fiancee which can take some time too.

It shouldn’t take more than another 2-4 weeks to complete if not sooner. I know the waiting is the hardest part but you’ll soon have her in the US and this waiting period will seem like nothing in the grand scheme of things.


QUESTION:

 My fiance already applied k1 visa on 28june.i got NOA1 on10th of July. When will i receive NOA2??or how much total processing time for k1 visa right now?? They gave processing time From NOA1 to NOA2 is up to 8weeks but my case takes more more than 8weeks. Please give me answer related to my case.
ANSWER:

It can take anywhere from 4-6 months to receive the NOA2. The total time for the K1 visa is 7-11 months.

8 weeks is too short for processing because of the number of applications they get each month.


QUESTION:

Also, on the last Lesson that you sent, you mentioned form I-134 Affidavit of Support, I also wanted to know, does my US fiance need to fill it out and submit with I-129F? Because I’ve read he also needs to provide his tax documents, proofs of employment and so on.

ANSWER:

The I-134 is submitted during the National Visa Center stage when the I-129F is approved by USCIS. Yes, he does need to provide 1-3 years tax transcripts and proof of employment or other form of income.

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