US K1 Visa Attorney Blog

Filing a petition for a fiancée visa (K-1) or marriage visa (CR-1 or IR-1) without the assistance of an immigration attorney can be a confusing and intimidating process. Frequently, individuals who attempt this process on their own receive a request for evidence or RFE. This additional request for information from the U.S. government likely causes concern for visa petitioners, since many couple's entire future together rides on getting a visa petition approved.

An RFE is issued by the U.S. Citizenship and Immigration Services (USCIS) when a visa petition is missing the required documentation or evidence, or additional evidence is needed by the government to make a determination about a visa petitioner's eligibility. An RFE can be sent at anytime during the review process, and sometimes a petitioner may receive multiple RFEs.

It is important you respond to the RFE appropriately. You only receive one chance to answer an RFE correctly. If you respond to the RFE in a way that is unsatisfactory to the USCIS your fiancée or marriage visa petition will be denied. It is also important that you respond to the RFE in a timely fashion. Your application will be denied if the USCIS does not receive the necessary information from you within the specified time period.

Visa applicants are always eager to receive their marriage visa or fiancée visa. This is rightly so, for most obtaining a visa is all that is needed before they can come to the United States and begin their life together with the person they love.

Many things can impact visa processing times, so it is difficult to predict how long a particular case may take. Sometimes there are delays because applicants trying to complete the application themselves misinterpret instructions. This may result in visa applicants failing to provide the necessary information or required documents.

Another common delay occurs when a petitioner or sponsor is unable to meet the income requirements for the Affidavit of Support. With regard to K-1 visas, delays may occur if the consular's office is unconvinced that a genuine relationship exists. Finally, sometimes applications require additional administrative processing after an applicant's consular officer interview which can also result in delays.

The United States' immigration system is very complex with numerous types of visas and various accompanying requirements. Often the application process may feel overwhelming to those trying to navigate through the system without legal representation.

One type of visa frequently applied for is the K-1 visa; it is used specifically to allow foreign fiancé(e)s to come to the United States in order to marry U.S. citizens who sponsor them. Since this visa allows foreign citizens to immigrate and marry U.S. citizens within a brief period of time, K-1 fiancée visa applicants need to meet several immigrant visa requirements.

Each year, thousands of people lawfully bring their fiancées to the U.S. through a K-1 visa. The K-1 visa - also known as a fiancée visa - allows a U.S. citizen to petition the U.S. Citizenship and Immigration Services (USCIS) for approval of their future spouse's admission into the country. The K-1 visa process alone is often challenging and time consuming, placing a lot of stress upon the hopeful applicants. Things get even more complicated when the non-citizen fiancée has a child.

A fiancee's child can petition for entry into the U.S. through a K-2 visa. Fortunately, a recent decision by the Board of Immigration Appeals (BIA) may benefit some non-citizen children who turn 21 after admission into the U.S. and file for adjustment of status.