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Requirements and Information for K1 Visa (Mainland China)

There is no denying that a lot people worldwide would never miss the chance of going to the United States either as temporary visitors or as immigrants. Obtaining a tourist visa really depends on your ability to prove your ties back to your country of origin as per your documents and conclusion of the interviewing consul. good luck to that.

Another common way of being able to go and stay in the United States is through the immigrant visa. There are different types of immigrant visa that can be as confusing as there are as many forms that an applicant or a sponsor is required to fill out. If a Chinese applicant was born in either, Hong Kong SAR, Macau, and Taiwan, the Diversity Visa program is available for him/her. This program is for those eligible applicants coming from countries in which admission in the United States was less than 50,000 for the last 5 succeeding years.

For K1 (fiancé visa, pre-requisites are needed before a petitioner can start the process for a K1 visa application. A petitioner and his/her fiancé must have met at least once within 2 years before the start date of the petition process. Supporting documents are also expected to prove their relationship. Photos taken with the fiancé and/or the fiancé's family, airline tickets, exchanged emails, letters, cards, receipts and phone bills, and other proof showing that there is indeed a romantic relationship between the petitioner and his/her fiancé. The petitioner must also have a household income of at least 125% more than his/her state's poverty threshold. The amount per state may change beginning February of every year. For data on all the states' poverty threshold, check out the Visa Bulletin found on the website of the Department of Health and Human Services (HHS) for the latest records.  Once these general requirements are met, then the petition for a K1 visa can begin to roll.

1. Petitioner files a Form I-129F at the US Citizenship and Immigration Services (USCIS). Filing fee is $350 or its current equivalent in RMB.
2. Upon approval of Form I-129F, the USCIS forwards the application to the National Visa Center (NVS).
3. NVS sends the approved application to the US Consulate General in Guangzhou. It takes around 3 to 4 months before the application reaches the US General Consulate due to US-China agreements on exchange of documents to and fro.
4. Once the US consulate receives the application, a "Packet 3", containing instructions as to what documents are needed to be submitted or brought along during the visa interview, is sent to the fiancé being petitioned. "Packet 3" forms (DS-156 and DS-156K) should be returned to the US General Consulate to certify that all requested documents are already obtained. 
5. Upon receiving "Packet 3", the consulate then sends "Packet 4" which contains instructions on getting a complete medical examination from authorized panel of doctors and scheduling of the visa interview. Medical exams are paid for by the applicant. There is usually a wait period from 2 to 4 months before a schedule is given for the interview. Interview fee is $131 USD or its current equivalent in RMB. This may be paid at any CITIC Bank branch in mainland China.
6. In the perfect situation, the fiancé being petitioned may be given a K1 visa on the same day. The visa is sent to the home address within 3 business days. In a not so perfect situation, other supporting documents may be requested thus delaying the granting of a K1 visa.

There were instances in the past wherein a K1 visa is not granted for reasons such:
- Petitioner visited his/her fiancé only once
- Fiancé doesn't speak English
- Huge age difference
- Petitioner has been married more than a couple of times in the past

Although, these reasons are deemed unnecessary in a lot of applications for a K1 visa, the US Consulate General in Guangzhou has been earning an image as being over the top. Just to be on the safe side, perhaps, you as the petitioner should put weight on these lest you start getting a major headache for trying to bring your "ni hao" girl to Uncle Sam

This is not legal advice and should not be acted on as legal advice. This is general information for you to consider.  If you have legal question on immigration get legal help from a licensed immigration attorney or paralegal.

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This is not legal advise. We are not lawyers.  If you have a question take it to a licensed attorney

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