When in a relationship with someone living outside of the US, a concern that eventually comes up revolves around obtaining a proper visa for one partner's entry into the USA. While their are those who seek independent legal advice about immigration matters, others decide to file without professional assistance.
These tips are intended for those filing their K1 Fiance visa petition on their own. Prior preparation (as with anything in life) will conserve time and resources in later phases of the immigration process.
1. Learn Where the Petition Needs to be Filed:
The USCIS service center where one needs to file the petition depends upon where the US Citizen Petitioner resides in the United States. Going to the USCIS website and doing the research about what location to file the petition will be beneficial because filing the petition at the wrong service center could lead to needless delay.
2. Get the Necessary Documents:
Making sure all of the required documents are compiled initially will expedite the process and ensure that time and resources are not wasted by USCIS needing to issue an RFE (Request for Evidence). Forestalling an RFE can greatly expedite the visa process.
3. Obtain Translations Where Necessary:
Some couples will find it unnecessary to obtain translations due to the fact that the alien fiancee's country of residence is anglophone, however, in those countries where English is not the authoritative language it may become necessary to get legalized translations of government documents. Not getting proper certified translated documentation could lead to an RFE or a 221 g (221g requests, are a refusal to issue a visa at the Embassy until such time as further documentation is provided, a 221g is akin to an RFE at USCIS).
4. Keep up Dialogue with the Foreign Fiancee regarding the Immigration Process:
This is more of a personal tip than a tip that deals directly with immigration issues, but it is no less important than any of the other tips here. One of the biggest causes of frustration and delay stems from failure to communicate on the part of those seeking the visa. Fiances should communicate often because by doing so they can stay on top of each other regarding the status of the case, particularly where compiling documentation is concerned, this will make the process move more swiftly. Also, by keeping up communication, seemingly difficult problems can be mitigated through combined effort.
5. NEVER fail to tell the truth to US government agents:
There are certain situations in which one fiance or spouse has a concern about exposing some fact to the US Embassy or US Immigration authorities. It is NEVER a wise idea to lie about anything with regard to US Immigration matters. This also goes for ones intent with regard to a visa. It is considered immigration fraud to lie about one's intentions with regard to US Immigration. Therefore, one wishes to bring a fiancée to the US for marriage then a tourist visa should not be used because that visa is non-immigrant and one should not have immigrant intent when using it.
Note: The above piece is intended for general research uses only. This article should not be utilized in lieu of personalized legal counsel from a licensed immigration lawyer. There is no lawyer-client relationship, either express or implied, that should be inferred from reading the above piece
previous post
next post