How can the fiancés prove that they met in person?
There are several conditions to be met before one can apply for a K-1 Fiancé Visa. Most of these conditions are different for the fiancé(e) holding U.S. citizenship and for the other fiancé(e) holding foreign citizenship.
However the single most important condition taken into account when applying for the Fiancé(e) Visa is the one about the two fiancés having physically met each other within the past 2 years (prior to filing the Petition for Alien Fiancé).
The two fiancés must provide solid proof that they have met in person at least once in the 2 years prior to applying for a K-1 visa.
- Meetings online (via Zoom, chat or other apps) are not considered face-to-face.
- It makes no difference how many times the two fiancés met in these 2 years.
- Any meetings outside of the two-year period do not count. If the couple met in person one time 3 years prior to applying for a K-1 visa, they are not eligible to apply and the application will be denied. Even if the couple meets physically after filing the Petition for Alien Fiancé, the application will still be denied.
What kind of evidence does USCIS require?
The Petition for Alien Fiancé must be filed together with a file containing proof of all the information submitted in the said petition. Most of the evidence in this file supports the claim that the two fiancés have met face-to-face at least once in the 2 years prior to the petition.
However USCIS does not provide even a minimum list or a government checklist of all the things the applicants may use to prove a legitimate relationship. What the U.S. authorities are looking at is the totality of the evidence, so the applicants must be creative and gather a plethora of evidence.
Photos are critical. It’s almost impossible to get the petition approved in the absence of photos documenting the physical meeting of the fiancés. Especially nowadays when everyone holds a smartphone with a good camera in their pocket, one cannot claim that their relationship is legitimate but that they had no means or opportunities to take photos.
We suggest taking some pictures in front of an obvious landmark that shows where you are (for example, in front of the Eiffel Tower in France). Pictures with family or pictures taken at family gatherings are also a good idea.
Next item on the list is means of travel for one or both of the fiancés from their place of residence to the place where the meeting took place. Usually that’s airfare. It is best to save tickets purchased – the boarding passes – that show you were actually on the plane. You should also save the hotel receipt from the meeting place. The same goes for any receipts from other activities during your trip.
While travelling abroad, the passport of the applicants is almost always going to be stamped. This way the passport holds an entry stamp and (for most countries, although not the United States) an exit stamp.
Passport stamps are official proof and they should definitely be included in the evidence file. Photographs could be forged or taken outside the two-year period. Plane tickets actually indicate that you bought a ticket, but they are not conclusive proof that you visited a particular country.
As we said in the beginning of this post, there are no official government checklists of all the things the applicants may use to prove a legitimate relationship. Keep in mind that the U.S. authorities are interested in the totality of the evidence.
Get creative and include in the file any other evidence you can think of. Don’t shy away from including personal chats and emails that show the planning of the meeting. These messages need not be only between the two fiancés; messages to other (future) family members may also be included, if relevant.
How can you make sure you gathered the right proof?
With K-1 Professionals, your personal immigration consultant will guide you through the requirements and will gather all your relevant and complete evidence in a physical file. You won’t have to deal with a mountain of bureaucratic paperwork, as we will also mail the Petition and the proof file to USCIS as required, from inside the U.S.
Are you interested in finding out more about the Fiancé Visa and how we can prepare the evidence file for your petition? Click here to schedule a call and one of our U.S. immigration experts will map out the process based on your particular case – with no further purchase obligation. However the initial $ 49 consultation fee will be deducted from our final service fee if you accept our offer and continue to employ our help.
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