K-1 Fiance Visa Document Checklist - AILA webCLE

1 1K- 1 fiance visa document checklist : Make sure to review the filing instructions from the Citizenship & Immigration Services, Department of State and Consulate where processing will take place. 1. Petition to Citizenship & Immigration Services: Form G-28 signed by petitioner. Form I-129F signed by petitioner. Form G-325A for both parties. Filing Fee: $ (as of the AILA panel on January 10, 2012) Proof of citizenship for petitioner. Proof that citizen and foreign national has met in person within the last two years.

2 O Or can request waiver of this requirement by providing a detailed explanation and evidence of extreme hardship or customary, cultural or social practices that prohibit the meeting. Original statements from both petitioner and beneficiary explaining intent to marry within 90 days of entry into the Any additional evidence to show the mutual intent of marriage by both parties. Evidence of relationship (bona fides). Especially important to be filed up front with the high rate of returns from State Department in some posts.

3 Evidence that any prior marriage was legally terminated for both parties. USCIS passport-style photograph for both petitioner and beneficiary taken within 30 days of the date of filing the petition. International Marriage Broker Regulation Act (IMBRA) Requirement Documents: o Certified copies of all court and police records showing charges and dispositions of all crimes committed by petitioner. Crimes include: Domestic violence, sexual assault, child abuse and neglect, stalking, dating violence and elder abuse.

4 O Also includes homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, 2kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes. o Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from one single act. Possible waiver of IMBRA filing limitations requirement. o Attach a signed and dated request for the waiver which explains why a waiver would be appropriate for the case.

5 Examples of additional evidence includes: Death certificate; Police reports; News articles; or Medical reports from a licensed medical professional, regarding the death. o For violent offenses seeking a waiver, must attach a signed and dated request for the waiver, along with evidence that extraordinary circumstances exist in the client s case: That petitioner was being battered or subjected to extreme cruelty by a parent, spouse or adult child at the time the offense was committed, he/she was not the primary perpetrator of violence in the relationship, and: Petitioner was acting in self defense; Petitioner violated a protection order intended for his/her protection.

6 Petitioner committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and petitioner having been battered or subjected to extreme cruelty. 2. Preparing for the K1 Interview at the Consulate: Medical, but not required to do vaccinations (only at 485 stage) Forms DS 156, DS 156K, DS 230 of the Fianc (e)/Beneficiary Proof of USC Petitioner s income, employment letter, pay stubs, bank statements Form I-134 Affidavit of Support by the USC Petitioner Police clearance certificates of the Fianc (e)/Beneficiary 3 Birth certificate of the Fianc (e)/Beneficiary If either party married previously, proof of termination of marriage ( divorce decree or death certificate)

7 Passport of the Fianc (e)/Beneficiary Evidence of validity of relationship as many of the following as available: o photos of both taken together at various occasions and times o correspondence emails, cards, letters, phone bills o Airline tickets and boarding passes from trips to see each other / together o Copies of visa stamps showing entry of one to visit the other o Affidavits from friends / relatives who met fianc (e), have seen both together, and know of bona fides of relationship / intent to marry o Evidence of wedding arrangements, receipt from purchase of engagement ring, reservations/deposits for reception hall, inquiries to vendors (caterer, photographer, florist)

8 , correspondence with clergy 2011 AILA Teleconference/Web Conference 2011 American Immigration Lawyers Association Strategic Issues Relating to K-1 Visas January 10, 2012 Additional Resources Matter of Le Matter of Sesay Tran v. Napolitano Class Action (Litigation on K-1's that are returned by the consulate posts to USCIS for revocation and ultimately are revoked because the 4 months have passed). Original Complaint (Tran v. Napolitano, District Court, District of Oregon, Portland Division) Returning Petitions, Department of State Guidance 9 FAM on Fiance Petitions Scharfen Memo on Petitions Returned by DOS for Revalidation or Revocation