K-1 Fiance(e) Visa Petition - What to Include

When preparing something as important as a petition for a K-1 visa, I recommend you keep in mind not only what the instructions say, but also the overall purpose of what you're doing. It's easy to get lost in the paperwork, but if you keep in mind the overarching purpose of the petition you're preparing, it will help increase your chances of success.

From the government's perspective, the purpose of making you file a petition with USCIS to get a K-1 fianc?) visa is to determine whether you meet the legal requirements to apply for a K-1 visa; namely, that you are a US citizen, that you and your fianc?) are free to marry, that you have met in person within the past two years, and that both of you have the intent to marry within 90 days of your fianc?) coming to the US.

Your goal, of course, is to show the government that you meet each of these requirements. Let's go through the items required in a K-1 visa petition and see how best to accomplish this goal:

1) Form I-129-F. This form asks for general information about you and your fianc?), including a description of the circumstances in which you met your fianc?) in person. This is a perfect opportunity to clearly show that your relationship is legitimate and truthful. Do not simply state that you met your fianc?) at a bar; elaborate and describe the circumstances in such a way that will make it clear that your relationship is legitimate.

2) Proof of your US citizenship. This is fairly straightforward. You want to provide a copy of your original birth certificate, US Passport, or Certificate of Naturalization or Citizenship to prove that you're a US citizen.

3) Form G325-A. This 1-page form asks for simple biographical data. You will need to fill out one copy for yourself and one copy for your fianc?).

4) A recent (within 30 days of filing) color photo of yourself and your fianc?).

5) If you or your fianc?) were ever married (to other people), you'll want to show the government that you are now free to marry. This means you'll want to include copies of divorce decrees, annulment decrees, or death certificates.

6) Of course, you'll want to show the government that you met in person within the 2 most recent years. The government makes it pretty clear how you should approach this: "provide original statements from you and your fianc?) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent."

7) One of the other purposes the government has is to protect the foreign fianc?) from potential abuse. Thus, if you have a criminal record involving certain violent crimes or substance abuse, you may have to include evidence of police or court records, and this may be disclosed to your fianc?).

8) No government petition would be complete without the required fee. Don't forget to include it!

Erik Morales is an attorney who offers assistance with obtaining the K-1 Fiance Visa. He also runs a website offering info about the K-1 Visa process, which you may reach at http://getak1visa.com