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Practical Tips for Obtaining a K-1/K-2 Visa

Keep your timing in mind

Since a K-1 visa can take anywhere from 6 months or longer, it is imperative that you submit an application well in advance of your intended date of travel. This will provide you with a buffer should your application take longer than expected.

Definitely meet in person

We strongly advise that you meet your fiancé/fiancée in person at least once in a period of two years. The more you meet, the more your relationship will grow and strengthen. Spending as much time together will make it much easier to document your relationship when the time comes to apply for a K-visa. Not meeting face to face and opting for one of the waivers can possibly cast doubt on how bona fide your relationship truly is.

Keep records of your visits/interaction

It is much more difficult to receive approval under a K-1 as opposed to a K-3, simply due to the fact that the marriage is a legal milestone, an engagement is fluid. As such, those applying under a K-1 are faced with the task of proving that their relationship is not solely based on the alien fiancé/fiancée obtaining a green card, but is genuine.

Be sure to save all of the correspondence between you and your fiancé/fiancée (i.e. letters, emails, phone records, other messages).

Document your time together. This includes keeping physical records of all visits, air travel etc. Also, keep items that will help paint a picture of your relationship (photographs and the like).

If you are the alien fiancé/fiancée and the U.S citizen petitioning on your behalf plans to include your child’s name on the I-129F form, please be sure that you keep all records of your child’s interaction with the U.S. citizen petitioner. Doing this will help make the process of obtaining your K-1 and child’s K-2 visa less complicated.

If you have K-2 children, time your application accordingly

As there are age limitations on the K-2 visa, be sure that you time your child’s application accordingly. Although USCIS gives you the option of allowing your child to come after you, it might be best to have them accompany you to the United States instead, particularly if your child is an older teenager. Since your child’s status must be adjusted by the time he/she is 21 (in most cases), having your child with you will make the process more efficient in case the application process takes longer than expected. Furthermore, traveling together will allow you and your child to submit the same removal of conditions application (granted your child received permanent resident status within 90 days after you received permanent resident status). You do not want to find yourself in a situation where your child turns 21 and is not protected under the Child Status Protection Act.

Keep duplicate copies of all documents

You cannot hold USCIS or the U.S. embassy working with you accountable for lost documents. It is your responsibility to keep a record of everything that you submitted. Therefore, if something is misplaced, you can pull up your own records as proof of submission.

The interview process for the alien fiancée

If you indeed have a legitimate relationship with the U.S. citizen petitioning on your behalf, you should have no difficulty passing the interview. The questions that will be asked of you are very standard. For instance, some sample questions may include “How did you and the U.S. petitioner meet?”, “Was the U.S. petition formerly married?”, “Why did the relationship end between the U.S. petitioner and his/her former spouse?”, “When do you plan to come to the United States?”. Relax and answer the questions to the best of your knowledge.

The interview process for your K-2 children

If your child is going to be interviewed, be sure that you prompt them before the interview takes place. Let them know what types of questions may be asked of them so that they do not get nervous. Of course, you want your child to be honest and to make sure that all of your facts corroborate with theirs. This way, you do not trigger any suspicion during the process.

Consult a legal professional

Although it is entirely possible to submit your own K-1 application, we strongly suggest seeking legal advice. There are many documents and steps required for a K-1 visa application; our attorney staff can help you keep track of important dates, requirements, and paperwork. Furthermore, there are many nuances involved with obtaining a K-1 visa that will not be apparent to a non-legal professional. By consulting an experienced attorney, you can determine what the best course of action is for you and your fiancé/fiancée.

(Updated 10/12/2012 by AD)

For more information on how to obtain a K-visa, please click on the following links: