The mail order bride visa, or K-1 visa, is one of the most popular options for American citizens and foreigners to marry in the USA. Officers of the Migration Service consider all the marriage unions with foreigners as deliberately fictitious for entry for permanent residence. This means couples will have to make a lot of effort to prove their relationships are real. But this article contains all the information to understand how to get a visa for mail order bride and not be refused, what documents to prepare in advance, and what to do after the visa has been approved.
Understanding the K-1 Visa
The K-1 visa is issued to foreign citizens who wish to marry Americans. It is often called a “fiancée visa,” but it is issued to either a mail order wife or a mail order husband. And applicants seeking this visa are subject to several fairly serious requirements.
Eligibility Requirements
To obtain a K-1 visa, a U.S. citizen must meet the following requirements:
- Be a U.S. citizen by birth, naturalization, or derivative citizenship by providing the required documentation
- Provide financial support for a mail order bride to avoid seeking government assistance
Requirements for a foreign bride:
- Residence outside the U.S.
- No criminal history
- Complying with U.S. immigration laws and avoiding status violations
- Medical examination of a bride when applying for a K-1 visa
Basic requirements for both the K-1 applicant and the beneficiary:
- They must have met in person at least once within 2 years or 24 months before filing the K-1 petition
- Both of them must be legally free to marry
- They must genuinely intend to marry within 90 days of the K-1 visa holder’s arrival in the United States
Read also: Mail Order Bride Legality
Filing the Petition
The I-129F Petition for Alien Fiancé (e) is the form a U.S. citizen must complete and sign.
Here is the guide on how to file the Form I-129F:
- Download the latest version of Form I-129F.
- Thoroughly read the instructions.
- Fill out Form I-129F accurately (use black ink and write legibly, answer all questions truthfully and double-check everything).
- Pay the $535 filing fee via a money order, personal check, cashier’s check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions.
- Mail the Form I-129F to the USCIS Dallas lockbox.
- Wait for USCIS to process your petition.
The Visa Interview Process
Scheduling the Interview
After receiving the instruction letter from the embassy, applicants move on to the next step — scheduling the Interview. On www.ustraveldocs.com, choose your location, choose a visa category (nonimmigrant), schedule an appointment for a visa interview at the U.S. Embassy or Consulate.
IMPORTANT: Applicants should wait for instructions from the embassy on how to prepare for the interview. They can’t set a date for the interview until they get it.
Required Documentation
For the interview, mail order brides have to prepare a voluminous package of papers:
- Current passport
- Two 2×2 photographs
- DS-160 confirmation page
- Police clearance certificate (original only)
- Birth Certificate (original, English translation, and photocopy)
- Medical examination report from a U.S.-approved panel doctor
Other documents that may be required:
- Proof of relationship (photographs of the two of you together and your correspondence).
- Divorce decree, if applicable
- Original I-134
Preparing for the Interview
A personal conversation is the most important stage because the consular officer looks both at the collected documents and at the person. If the consulate officer suspects fraud, the case will be considered longer.
IMPORTANT: You may be contacted by telephone during the interview process. The consular officer may ask the same questions as your potential mail order spouse to compare answers. Therefore, you must be available at the time of the interview.
Questions during an interview are always different, as each K-1 visa applicant’s case is unique. In most cases, the questions concern the relationship between the future husband and mail order wife:
- What can you tell about your fiancé?
- How long have you known each other?
- When and how did you meet your fiancé? On what web-site?
- Do you have photos?
- What made you decide to print out your letters?
- Are you willing to marry him?
- What is his address in the USA?
The Importance of the Affidavit of Support
Immigration Form I-134 (also known as the Affidavit of Support) is a form of financial support for a K-1 applicant when they arrive in the United States. A completed I-134 will be needed at the interview. Its goal is to prove the groom’s ability to financially support the foreign bride (and her children, if any).
Financial Requirements
In general, a man must earn the minimum annual income required to avoid living in poverty in the U.S. If your annual income is not enough, in this case, you should think about a co-sponsor. There are two types of co-sponsorship: Joint Sponsor and Household Member.
- Joint Sponsor is a person who agrees to support a mail order bride financially along with the petitioner. This can be any person. The main requirement is to have sufficient annual income to cover the expenses. This person must be a U.S. citizen and provide all necessary financial documents such as tax returns, bank statements, etc.
- Household Member is a relative of the petitioner with whom they must live in the same house for at least 6 months. This person must also provide proof of ownership of the property and proof of relationship to the petitioner.
Co-sponsors can help financially with basic living expenses — food, rent, and utilities. But they are not required to pay taxes or personal debts.
Potential Challenges and Denials
According to the statistics, approximately 27% of women are denied a K-1 visa after an embassy interview.
Here are the most common reasons for refusal:
- Lack of evidence of relationship upon application and interview
- Failure of an interview due to poor preparation of the bride
- Short courtship period
- Significant age difference
- Inconsistency of information on social networks
- The U.S. citizen doesn’t visit the bride
- Lack of communication after filing the application
- Questionable visa history or past of the bride
- A U.S. citizen is a friend of the bride’s family who is suspicious of favors or money transfers
To reduce the risk of refusal, you must carefully check everything, prepare all the documents, collect the maximum evidence that your relationship is real, and prepare well for the interview.
Seeking Legal Help
In difficult situations, it is best to contact an immigration attorney. They can help an American citizen and his bride in different stages. After all, in any immigration case, there are always nuances that depend on the specific case. And immigration lawyers will help and do everything possible to ensure your partner receives a K-1 visa and moves to the United States.
After the Visa Approval
Arrival in the United States
If the interview goes well and the K1 visa for a mail order bride is approved, a bride must enter the United States within 6 months from the date of issuance of the K-1 visa.
But remember that a visa doesn’t guarantee entry into the United States. Representatives of the U.S. Customs and Border Protection have the power to grant or deny entry into the U.S. When passing through the checkpoint, a bride will have to present her passport with the K-1 visa pasted in and a sealed envelope issued by the embassy.
IMPORTANT: Please note that the sealed envelope that the American consulate gave her with the passport can’t be opened by herself. Only border patrol agents are authorized to open it upon her entry into the United States.
Marriage Within 90 Days
The newlyweds have 90 days to conduct the wedding ceremony. If, for some reason, the wedding doesn’t take place, a foreign wife must return to her homeland so as not to become a visa illegal immigrant. If all formalities are completed on time, she should submit documents to obtain conditional permanent residence in America.
Conclusion
The K-1 visa is issued to foreigners in romantic relationships with Americans. It allows them to live and marry in the United States legally. But U.S. legislation has many nuances inexperienced people may not know about. And the risks are too great — one wrong action can derail future plans for your personal life. So, before taking any steps to obtain a K-1 visa, it is strongly recommended that you get advice from a qualified immigration lawyer.
