Tips for a Successful K1 Visa Application by Guy Pearson
Petitioning to the UnitedStates Citizenship and Immigration Services for an immigrant K1 visa can be oneof the most challenging situations put on a newly engaged couple. Filling out all the forms, getting picturestaken and putting together your package is not an easy feat. It can be stressful, time consuming, andoften times leaves a feeling of insecurity about the future. Ultimately, your love becomes a case number.
One of the great things aboutlegal representation during this process is the definite ease it puts on therelationship. For those that choose todo this without representation, it is a great test and a rewarding experienceif handled properly. Completing the forms together provided a bond that broughtmy wife and I closer than ever before. We were a team on a mission. Whenasked on question 18 of form I-129F, how you met your fiancée, my wife and I begantyping and got completely lost in our story and the amazing direction our liveshad taken in the past years. When askedabout our proof of past and ongoing relationship, we poured over past Christmascards and photos shared to each other.
However, anxiety can soonsettle in as you send off your visa petition folder to the lockbox. I want to go over a few tips for potentialvisa petitioners that may help them when filing your initial application oradjusting your status.
Translations
When filing your petition,you will notice that USCIS states the need for certified translations severaltimes throughout your forms. Specifically, it says this:
“Ifyou submit a document in any language other than English, it must be completelytranslated. The translator must certify that the translation is accurateand that he or she is competent to translate. You must submit therequested foreign language document along with the translation.”
One of the leading causes forindividuals receiving a Request for Evidence (RFE) notice is failing to certifythe translations on your documents or incorrect formatting of thetranslation. For this reason, manyapplicants and attorneys choose to go with a professional translation companyto avoid any issues. At immiTranslate, we translate and certify birth certificatesand marriage licenses from all over the world that require hours of researchinto proper formatting and translation.
Evidence of Relationship
There is a lot of confusionrelated to what the USCIS requires for “proof of having met in the past twoyears and on going relationship” and what that exactly means. Ultimately, this is your chance to provide USCISwith the evidence they need to process your case. My advice is to paint the picture. Provide airline tickets, copies ofconversations, and photos of you two together. My suggestion is to put yellow sticky notes on all of your evidenceexplaining to USCIS why it is relevant to your case, and what exactly you areshowing them. These do not have to beoriginals, so keep that in mind when submitting documents. You will not receive any of these back. Unfortunately, some couples do not provideenough information, and this is ground for a request for evidence notice. They will ask you to provide furtherdocuments detailing your relationship.
Same Sex Couples
With the recent DOMA ruling,the USCIS is now accepting applications from same sex couples. However, in your application, and intent tomarry form in the I-129F, you need to describe the state in which you intend tomarry. Additionally, you will need to providea copy of the relevant state’s marriage laws permitting people of the samegender to legally marry. These may seemlike formalities, but having your case delayed by months due to further requestfor evidence can be stressful and time consuming for you and your spouse.
Save Everything
You will receive a lot ofdocuments in the mail from the USCIS and it is important you file themaway. When adjusting your status, orgoing for your interviews, the forms they send you will be required to continueprocessing your case. If you have lost anotice of action, you can call USCIS customer service for additional copies tobe mailed out to you.
In the end, the United Statesisn’t going to tell you who to love, but it will certainly do its best toprotect its own interest. By followingthe guidelines and providing the correct documentation, you will be well onyour way to approval of your K1 visa, and on to your adjustment of status.
Guy Pearson is currently inthe United States Air Force and co-founded immiTranslate.com, which provides certified translation servicesto United States visa applicants and their attorneys. He and his wife went through the K1 visaprocess in 2012, and are celebrating one year of marriage in December.