Q & A May 22, 2005
Q & A 1.
Q&A 1.
Conditions of Applying for a K-1 Fiancee Visa
Mr. Chen asks:
I obtained my US citizenship in 1994. Through my co-worker’s
introduce, I have known a Chinese lady, 43 years old and we have
been communicating via correspondence and telephone for several
months. I was told I could apply a K-1 visa for my fiancé
to come to U.S. How should I go about it? Should I go to the local
immigration office to fill out forms? What forms do I need? Should
I hire a lawyer? What documents do we (my fiancé and I) need
to prepare?
Mr. Lee Answers:
A K-1 one visa allows a U.S. citizen to apply for an overseas fiancée
with the understanding that the couple will marry within 90 days
of the fiancee's arriving in the United States, and that they will
then apply to adjust the K-1’s status to permanent residence
with the U.S.C.I.S. For purposes of K-1 visa issuance, only bonafide
relationships are recognized in which the parties intend to live
together as husband and wife. Stringent penalties are possible for
individuals who misuse the process for profit or favor. For you
to make the application, you can either hire an attorney or attempt
to go through the procedures by yourself. If you choose to do the
latter, you can pick up the forms at the local immigration office
or download them from the U.S.C.I.S. website. You will need forms
I-129F and G-325A biographic data sheets for both you and your fiance.
The documents required are evidence that you have met within the
past two years, two passport type photos for both you and your fiancee,
proof of U.S. citizenship, termination of all prior unions, and
any other other proof of a bonafide relationship including statements
from both of you outlining your relationship.
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