Investor Visa USA Requirements- E-1/E-2

“Investor visa USA requirements” is a popular search phrase on the internet as prospective investors worldwide try to decide if an investor visa is right for him or her. While the idea is still in it’s infancy, the prospective investor usually focuses on how much money he or she will need to invest in the business to have a good chance of the business succeeding and also being approved for the E-1 or E-2 visa.  The good news for E-1 and E-2 visa applicants is that there is no minimum investment requirement. Unlike the EB-5 green card investor program which requires a minimum investment of $500,000, there is no such requirement for the E-1 or E-2 nonimmigrant investor visas.

Investor Visa USA Requirements

E-1/E-2 Investor Visa USA Requirements/Eligibility

The E-1 and E-2 nonimmigrant visa program allow foreign nationals from treaty countries to enter the U.S.  to set up businesses and or engage in substantial international trade, which is beneficial to both countries.

Proof of Nationality

The foreign national investor or trader must prove that he or she is a member of a treaty country. Evidence of this includes a birth certificate, citizenship certificate or a photocopy of a passport. The applicant is still eligible even if he or she has not resided in the treaty country for quite sometime. The nationality of the business is determined by the nationality of the individual owners of that business.

Ownership Documents

The E-1 or E-2 applicant must show that he or she owns at least 50 percent of the business, when the investor is an organization and the applicant is an employee. For example, if the business is organized as a corporation and it has 3 officers, the E-1 or E-2 applicant must own at least 50 percent of the shares and the remaining 50 percent of shares can be divided between the other two officers, who are not applying for an E-1 or E-2 visa. If the business is a sole proprietorship, it has just one owner, who owns 100 percent of the business.  Shares/stock certificates or partnership/joint venture agreements are some of the documents that can be submitted to show ownership.

Trade or Investment

E-1 Visas

E-1 visas are for traders; while E-2 visas are for investors. E-1 visa applicants must show that they are engaged in traceable or identifiable exchange of goods or services between the U.S. and the treaty country. The trade relationship must be in existence between the two countries before applying for an E-1 visa. Trade must be substantial, meaning that there is a continuous flow of goods and services overtime. A single transaction, regardless of size is insufficient.

Although the E-1 visa applicant may engage in trade with other countries, more than 50% of the total volume of international trade must be between the U.S. and the treaty country. The applicant may submit bills of lading, customer receipts, letters of credit, insurance papers, purchase orders, carrier inventories and sales contracts, as evidence that he or she is engaged in substantial international trade with the U.S.

E-2 Visas

Whereas the E-1 visa requires a pre-existing trading relationship between the U.S. and the treaty country; the E-2 visa allows the applicant to search for a new business opportunity in the U.S. E-1 classification does not allow startups but E-2 does.

The E-2 applicant must have invested or be actively in the process of investing in a commercial enterprise. Passive investment is not allowed. Non-profit institutions are not commercial enterprises. Also, idle or speculative investments held for potential appreciation, such as undeveloped land or stocks held by an investor without the intent to direct the enterprise are ineligible.

The funds must be “at risk.” This means that the capital must be subject to total loss if investment fortunes reverse. Eligible funds must be the investor’s unsecured personal business capital or capital secured by personal assets. Funds may come from savings, gifts, inheritance, contest winnings or loans collateralized by the applicant’s personal assets and the funds cannot be obtained through criminal activity. Uncommitted funds held in a bank account is insufficient. The funds may be placed in an escrow account, with legal ramifications, pending approval of the E-2 visa, in case  the investor tries to change his or her mind during the process.

There is no bright line rule to answer the question: “how much money do you need for an investor visa.” The investment must be “substantial” and must pass the “proportionality test.” The amount of money will vary, according to the type of business. The business cannot be marginal A marginal business is one that earns a living solely for the investor and his family and does not have present or future capacity for growth.

The proportionality test takes into account:

  • the amount of funds invested versus the total cost of purchasing or creating the business;
  • the amount normally considered sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise; and
  • the size of the investment to support the likelihood that the investor will successfully develop and direct the enterprise.

The lower the cost of the the business, the higher the investment should be to be considered substantial.

Management and Employees

Both E-1 and  E-2 visa applicants must manage the business and not compete directly in the U.S. market as a skilled laborer. He or she should have a controlling interest in the business.

Employees of E1 or E2 visa holders must have the same nationality as the treaty employer and must be either executives and supervisors or nonsupervisory persons with special qualifications who are essential to the business.

Investor Visas Attorney E-1/E-2

Cheryl Fletcher is an immigration attorney who assists foreign investors with their visa applications. If you meet the investor visa USA requirements, she will complete the application form and compile a comprehensive application package to improve your chances of getting an E-1 or E-2 visa.  Please call  561-507-5772, email: [email protected], or contact us via or contact form.

Investor Visas: What are my options?

Investor visas have a distinct category in U.S. immigration law. The nonimmigrant E visa category is for foreign traders and investors who would like to establish businesses in the U.S., on a temporary basis.

Investor Visas

Different Types of Investor Visas (E Visas)

The three main types of E visas are E-1, E-2, and E-3. All of these investor visas require a treaty between the U.S. and a treaty country.  E-1 countries have a treaty trader agreement with the U.S; while E-2 countries have a  treaty investor relationship. E-3  is reserved for Australian nationals who are coming to the U.S. to perform in a “speciality occupation.” Some countries are classified as both E-1 and E-2; therefore, nationals may be eligible for either type of visa. However, some countries have only a treaty trader or treaty investor agreement with the U.S.

The U.S. Department of State maintains a current list of treaty countries.

Treaty Countries

Country Classification Entered into Force
Albania E-2 January 4, 1998
Argentina E-1 December 20, 1854
Argentina E-2 December 20, 1854
Armenia E-2 March 29, 1996
Australia E-1 December 16, 1991
Australia E-2 December 27, 1991
Australia 12 E-3 September 2, 2005
Austria E-1 May 27, 1931
Austria E-2 May 27, 1931
Azerbaijan E-2 August 2, 2001
Bahrain E-2 May 30, 2001
Bangladesh E-2 July 25, 1989
Belgium E-1 October 3, 1963
Belgium E-2 October 3, 1963
Bolivia E-1 November 09, 1862
Bolivia 13 E-2 June 6, 2001
Bosnia and Herzegovina 11 E-1 November 15, 1982
Bosnia and Herzegovina 11 E-2 November 15, 1982
Brunei E-1 July 11, 1853
Bulgaria E-2 June 2, 1954
Cameroon E-2 April 6, 1989
Canada E-1 January 1, 1994
Canada E-2 January 1, 1994
Chile E-1 January 1, 2004
Chile E-2 January 1, 2004
China (Taiwan) 1 E-1 November 30, 1948
China (Taiwan) 1 E-2 November 30, 1948
Colombia E-1 June 10, 1948
Colombia E-2 June 10, 1948
Congo (Brazzaville) E-2 August 13, 1994
Congo (Kinshasa) E-2 July 28, 1989
Costa Rica E-1 May 26, 1852
Costa Rica E-2 May 26, 1852
Croatia 11 E-1 November 15, 1982
Croatia 11 E-2 November 15, 1982
Czech Republic 2 E-2 January 1, 1993
Denmark 3 E-1 July 30, 1961
Denmark E-2 December 10, 2008
Ecuador 14 E-2 May 11, 1997
Egypt E-2 June 27, 1992
Estonia E-1 May 22, 1926
Estonia E-2 February 16, 1997
Ethiopia E-1 October 8, 1953
Ethiopia E-2 October 8, 1953
Finland E-1 August 10, 1934
Finland E-2 December 1, 1992
France 4 E-1 December 21, 1960
France 4 E-2 December 21, 1960
Georgia E-2 August 17, 1997
Germany E-1 July 14, 1956
Germany E-2 July 14, 1956
Greece E-1 October 13, 1954
Grenada E-2 March 3, 1989
Honduras E-1 July 19, 1928
Honduras E-2 July 19, 1928
Ireland E-1 September 14, 1950
Ireland E-2 November 18, 1992
Israel 15 E-1 April 3, 1954
Israel 15 E-2 May 1, 2019
Italy E-1 July 26, 1949
Italy E-2 July 26, 1949
Jamaica E-2 March 7, 1997
Japan 5 E-1 October 30, 1953
Japan 5 E-2 October 30, 1953
Jordan E-1 December 17, 2001
Jordan E-2 December 17, 2001
Kazakhstan E-2 January 12, 1994
Korea (South) E-1 November 7, 1957
Korea (South) E-2 November 7, 1957
Kosovo 11 E-1 November 15, 1882
Kosovo 11 E-2 November 15, 1882
Kyrgyzstan E-2 January 12, 1994
Latvia E-1 July 25, 1928
Latvia E-2 December 26, 1996
Liberia E-1 November 21, 1939
Liberia E-2 November 21, 1939
Lithuania E-2 November 22, 2001
Luxembourg E-1 March 28, 1963
Luxembourg E-2 March 28, 1963
Macedonia 11 E-1 November 15, 1982
Macedonia 11 E-2 November 15, 1982
Mexico E-1 January 1, 1994
Mexico E-2 January 1, 1994
Moldova E-2 November 25, 1994
Mongolia E-2 January 1, 1997
Montenegro 11 E-1 November 15, 1882
Montenegro 11 E-2 November 15, 1882
Morocco E-2 May 29, 1991
Netherlands 6 E-1 December 5, 1957
Netherlands 6 E-2 December 5, 1957
New Zealand 16 E1 June 10, 2019
New Zealand 16 E2 June 10, 2019
Norway 7 E-1 January 18, 1928
Norway 7 E-2 January 18, 1928
Oman E-1 June 11, 1960
Oman E-2 June 11, 1960
Pakistan E-1 February 12, 1961
Pakistan E-2 February 12, 1961
Panama E-2 May 30, 1991
Paraguay E-1 March 07, 1860
Paraguay E-2 March 07, 1860
Philippines E-1 September 6, 1955
Philippines E-2 September 6, 1955
Poland E-1 August 6, 1994
Poland E-2 August 6, 1994
Romania E-2 January 15, 1994
Senegal E-2 October 25, 1990
Serbia 11 E-1 November 15,1882
Serbia 11 E-2 November 15,1882
Singapore E-1 January 1, 2004
Singapore E-2 January 1, 2004
Slovak Republic 2 E-2 January 1, 1993
Slovenia 11 E-1 November 15, 1982
Slovenia 11 E-2 November 15, 1982
Spain 8 E-1 April 14, 1903
Spain 8 E-2 April 14, 1903
Sri Lanka E-2 May 1, 1993
Suriname 9 E-1 February 10, 1963
Suriname 9 E-2 February 10, 1963
Sweden E-1 February 20, 1992
Sweden E-2 February 20, 1992
Switzerland E-1 November 08, 1855
Switzerland E-2 November 08, 1855
Thailand E-1 June 8, 1968
Thailand E-2 June 8, 1968
Togo E-1 February 5, 1967
Togo E-2 February 5, 1967
Trinidad & Tobago E-2 December 26, 1996
Tunisia E-2 February 7, 1993
Turkey E-1 February 15, 1933
Turkey E-2 May 18, 1990
Ukraine E-2 November 16, 1996
United Kingdom 10 E-1 July 03, 1815
United Kingdom 10 E-2 July 03, 1815
Yugoslavia 11 E-1 November 15, 1882
Yugoslavia 11 E-2 November 15, 1882

What is the Difference Between E-1 and E-2 Visas?

Trade vs. Investment
The main difference between the E-1 and E-2 investor visas is that the E-1 allows  foreign nationals to engage in substantial international trade between the U.S. and the foreign country, while there is no such provision for E-2 visa holders.  On the other hand, E-2 visa holders are able to develop and direct the operations of a business in the U.S., in which the foreign national is actively in the process of investing a substantial amount of capital.
Key Employees
Foreign nationals who are key employees to the efficient operation of an enterprise are eligible for either an E-1 or E-2 visa, depending on which treaty the foreign country has with the U.S. Usually, executive or managerial roles will suffice but not unskilled or manual labor.
Principal Employers
The E-1 and E-2 investor visas are also for principal employers  from treaty countries.  A principal employer is one who is either a person with nationality of the treaty country or an enterprise/organization that is 50% or more owned by treaty nationals.

Investor Visas Attorney

Cheryl Fletcher is an immigration attorney who assists foreign investors with their visa applications. If you meet the E visa requirements, she will complete the application form and put together a comprehensive application package to improve your chances of getting the visa.  Please call  561-507-5772, email: [email protected], or contact us via or contact form.

O-1 Visas for Athletes- See if You Qualify

O-1 Visas for Athletes- General OverviewO-1 Visas for Athletes

O-1  visas are temporary work visas that allow foreign athletes who have “extraordinary ability in athletics” to enter the United States (U.S.) to train, attend seminars, participate in sponsorship activations, make promotional appearances, and engage in other activities that are associated with being an athlete. Extraordinary ability means that the athlete is among a small percentage of people who have arisen to the very top of the sport. The athlete can have dual intent, meaning that the athlete can plan on staying in the U.S. temporarily and returning home after the period of authorized stay or the athlete can plan on remaining in the U.S. permanently. The athlete is not required to have foreign-residence to be eligible for this type of visa.

How to Prove Extraordinary Ability?

There are two options in this regard:

Option A

The athlete must either have sustained national or international acclaim by receipt of a major internationally recognized award. For example, the athlete has an established sports career in which he or she won multiple Olympic medals.

Option B

The athlete must meet at least three of the following criteria:

  • Received nationally or internationally recognized awards;
  • Be a member of an organization that requires outstanding achievement;
  • Featured by a third-party who published material about the athlete in professional or major trade publications;
  • Participated on a panel or individually, as a judge of the work of others in the sport;
  • Made major scientific, scholarly or business-related contributions to the sport;
  • Written scholarly articles in the sport, in professional journals, or other major media;
  • Have evidence of employment in a critical or essential capacity at an organization with a distinguished reputation; or
  • Commands a higher salary in relation to others in the field.

Sponsorship Requirements

O-1s cannot petition for themselves. The athlete must use  either a U.S. agent or a U.S. employer. The process begins by filing form I-129 Petition for a Non-Immigrant Worker with United States Citizenship and Immigration Services (USCIS). The sponsor may file up to one year before the work begins but should file at a minimum of 45 days before employment. If the athlete is terminated, the agent or employer is responsible for the athlete’s transportation costs to return home.

The petition is automatically revoked if the employer or sponsor goes out of business, files a written withdrawal, or notifies USCIS that the athlete is no longer employed. All other circumstances require notice before revocation.

O-1 Visas for Athletes- Validity Period

Initially, the O-1 visa may be issued for up to three years. The athlete may be admitted 10 days before and stay 10 days after the validity period but cannot work during this time. Extensions may be granted in one-year increments. The athlete may travel outside the U.S., while the  extension is pending and request that the approval be sent to the consulate abroad.

O-2 Visas for Support Staff

Support personnel that is integral to the athletes’ performance may be eligible for an O-2 visa. The O-2 applicant has to have critical skills and experience with the athlete, which cannot be performed by anyone else. The O-2 must have non-immigrant intent and must maintain a foreign residence that he or she has no intention of abandoning.

O-3 Visas for Spouses and Children

Spouses and children of the O1 athlete may qualify for O-3 visas. The O-3 visa holder is allowed to reside in the U.S., as well as engage in full-time study but cannot seek employment. The O-3 visa is valid for up to 3 years.

Sports Visa Attorney

Cheryl Fletcher is a sports immigration attorney who assists foreign athletes with their visa applications. If you meet the O visa requirements, she will complete the application form and put together a comprehensive application package to improve your chances of getting the visa.  Please call  561-507-5772, email: [email protected], or contact us via or contact form.

P Visa Requirements for Athletes

P visa requirements are fairly straightforward.  This visa category is for professional  athletes, certain amateurs, essential support personnel, spouses, and children of P-1 visa holders. The purpose of the P visa category is to allow a foreign national athlete to come to the United States temporarily to perform as an athlete. P visas are also for those athletes who want to live in the U.S. full-time or earn an income other than prize money.P visa requirements for athletes

 P Visa Requirements for Professional Athletes 

A professional athlete is eligible for a P-1A visa if he or she is:

  • Internationally recognized”– this means that the athlete is renowned, leading, or well-known in more than one country because of an  extraordinary high level of  achievement;
  • Seeking to enter the U.S.  solely to perform– performance includes competing, appearing at an event, promotional appearances, short vacations,  and, incidental stopovers;
  • Maintaining a foreign residence abroad–  the athlete must have a foreign residence abroad that he or she does not intend to abandon.

P Visa Requirements for Amateurs

The P visa category has been expanded to include amateurs, under the 2006 COMPETE Act. An amateur is one who does not normally receive compensation for his or her performance.

The amateur can either be “internationally recognized” or be a member of a foreign league or association  if that organization is  the highest level of amateur performance of that sport in that country.

Length of Stay

P-1 athletes may be admitted for up to five years with an extension up to five years. However, the visa is usually issued for the length of the season or contract.

Sports Visa Attorney

Cheryl Fletcher is a sports immigration attorney who assists foreign athletes with their visa applications. If you meet the P visa requirements, she will complete the application form and a put together a comprehensive application package to improve your chances of getting the visa.  Please call  561-507-5772, email: [email protected], or contact us via or contact form.

Abused Spouse Green Card -VAWA

“Abused spouse green card” is a popular search term on the internet. This means that there are a number of foreign nationals who are curious about the impact of domestic violence on their immigration status. Fortunately,  in 1994, the United States Congress passed the Violence Against Women Act (VAWA) to provide an immigration benefit to spouses of abusive United States citizens or lawful permanent residents. VAWA also protects men, despite the title of the law.

Eligibility for an Abused Spouse Green Card

To be eligible for an abused spouse green card, here are the requirements:

  • Your spouse is a United States citizen (USC) or Lawful Permanent Resident (LPR);
  • You resided with the USC or LPR spouse;
  • The abuse took place in the United States (exceptions apply for  battered spouses of U.S. government employees and U.S. military members);
  • You have been abused physically or mentally by your spouse, during your marriage;
  • You entered into the marriage in good faith;
  • You are a person of good moral character; and
  • You are otherwise eligible for immediate relative or preference status.

The Immigration Process

Before thinking about the immigration process, you should get to a safe place, away from your abuser. Calling the  National Domestic Violence Hotline, is a good place to start. You may have to move into a shelter or stay with family and friends to escape domestic violence.

The process begins with filing an I-360 petition with United States Citizenship and Immigration Services (USCIS). It takes about 2 years for USCIS to make a decision on the application. There is no filing fee for the I-360 petition. You can file the VAWA case while you are still married to your abuser, however, it is important that if you get a divorce, you do not remarry before the self-petition is approved. If you do this, you will lose your eligibility and the case will be denied.

You should submit all evidence to support your case at the time of filing. You may be eligible for a work permit and a travel document, while the application is pending, if you file an I-485 Adjustment of Status application concurrently. A VAWA self-petitioner is eligible for adjustment of status, when his/her priority date is current. Battered spouses of U.S. citizens may file the I-485 application concurrently, while those who are married to LPRs should check the monthly visa bulletin for status updates on the priority date.

Abused Spouse Green Card Attorney

Cheryl Fletcher is an immigration attorney in Palm Beach Gardens, Florida. In consultations with potential clients, she is frequently asked about obtaining an abused spouse green card. Many of these potential clients are without hope  before coming to her but after evaluating their circumstances, Mrs. Fletcher is able build solid VAWA casesAbused Spouse Green Card.

If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

Fiancé Visa With Child-Is this Possible?

“Fiancé visa with child” is one of the most searched for phrase on the internet, by people who have an interest in the U.S. fiancé visa process. If you have children from a previous relationship and you are looking to move to America on a fiancé visa, you may be wondering how to bring your children with you. The good news is that U.S. immigration law creates a visa for this exact situation.

Unmarried children, under 21 years old, of a fiancé visa (K1) holder are eligible for a K2 visas. A single petition for the K1 and K2 is sufficient. If a K2 visa is issued to the child he/she may enter the U.S. along with the parent or may follow later.

Fiancé visa with child

Eligibility

The foreign-born parent will have to  meet the requirements of the K1 fiancé visa, independently, for the children to qualify as a dependent beneficiary. The process begins when the United States citizen partner files an I-129f petition, listing you and your children, as beneficiaries. It takes about six months for United States Citizenship and Immigration Services (USCIS) to make a decision on the application. If you have a favorable decision, the file is sent to the National Visa Center (NVC), for further processing.

K-3 Fiancé Visa Application for Your Child

You will complete separate DS-160 non-immigrant visa applications for yourself and qualifying children, through the appropriate embassy’s/consulate’s online portal. You will also pay separate visa fees for yourself and your children. The children will need  medical examinations and if they are 16 years or older, they will need police certificates for every country where they have lived for six months or more, from the age of 16.

Visa Approval and Travel

If your K1 visa and your children’s K2 visa is granted, you are ready to depart to the U.S. The visas are valid for six months. Be sure to have the proper custody documents to show that you have authorization to take the children out of the country.

Entry to the United States

Once you enter the United States, you and yor fiancé have 90 days to get married. After the wedding, you will file  separate I-485 Adjustment of Status applications and pay the appropriate fee, to adjust your and your children’s status to lawful permanent residence.

K1 Fiancé Visa Attorney

Cheryl Fletcher is an immigration attorney in Palm Beach Gardens, Florida. In consultations with potential clients, she is frequently asked, about obtaining a “fiancé visa with child.” Her approach to this question, is to take the time to explain to potential clients the immigration process, regarding this situation.
If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

Can You Marry Someone Else on a Fiancé Visa?

“Can you marry someone else on a fiancé visa?” is not the question that you should be thinking about at the time of your engagement. Unfortunately, things do not always go as planned and you may find yourself in a situation where you are contemplating getting married to someone else.

Can I marry someone else on a fiancé visa?

Understanding the Purpose of the Fiancé Visa

The sole purpose of the fiancé visa is for you, to come to the United States to marry a specific person, within 90 days of entry. You must have the intention of marrying the person who petitioned for you. If however, you entered the United States on a K-1 visa and you realize that marrying the petitioner would not be the right decision, you are not without options.

What are My Options if I Don’t Marry My Fiancé?

The fiancé visa is valid for six months, however you are authorized to stay in the United States for 90 days.  If within the 90-day period, you decide not to go through with the marriage, you can return to your home country, without penalty. If you remain in the United States beyond the period of authorized stay, you will begin to accrue unlawful presence. Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years; those who accrue more than one year of unlawful presence are barred for ten years.

Living in the United States after your period of authorized stay has expired makes you susceptible to deportation. If you encounter Immigration and Customs Enforcement (ICE) agents, you may be detained and issued a Notice to Appear in immigration court. You should not be looking to marry someone else to save you from immigration consequences. However, if you genuinely fall in love with someone and the relationship is heading towards marriage, the immigration issue can be resolved.

You will not be eligible to adjust status in the United States, if you marry someone other than the person who sponsored you for the fiancé visa. Instead, you can pursue a green card through consular processing. This means that you will have to attend the immigration interview in your home country.

What is the Immigration Process for My Second Engagement?

After the wedding to your second fiancé, he/she will file an I-130 petition to establish the validity of the marriage, in the eyes of the United States government. If the I-130 petition is approved, it will be sent to the National Visa Center (NVC), en route to the appropriate United States embassy/consulate that you indicated on the form.

You will not be entitled to a work permit while the I-130 application is pending or even after it is approved. It takes about six (6) months for United States Citizenship and Immigration Services (USCIS) to make a decision on the I-130 petition.

Once the NVC has received your file and you have paid the appropriate fees, you will need to apply for a I-601A Provisional Waiver of Unlawful Presence. This is for you to be able to gain re-entry to the U.S. after your interview. You will ave to prove that y have a qualifying relative so will suffer extreme hardship if the waiver is not granted. It is very important that you do not leave the United States without the waiver, otherwise you could be stuck outside of the country, depending on how long you overstayed.

Assuming that waiver is approved, the U.S. emabassy/consulate will schedule an interview for you to attend in your home country, once an immigrant visa is available for you. If your spouse is a U.S. citizen, the visa is available immediately. If your spouse is a LPR, you will have to wait for a visa to be available according to the category and the county of chargeability in the U.S. Visa Bulletin.

If all goes well at the interview and the immigration officer approves your application, you will be issued a machine-readable immigrant visa (MRIV), which usually has the following text on it: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” You will present this visa at the border, to return to the United States, as a lawful permanent resident.

K1 Fiancé Visa Attorney

Cheryl Fletcher is an immigration attorney in Palm Beach Gardens, Florida. In consultations with potential clients, she is frequently asked, “Can you marry someone else on a fiancé visa?” Her approach to this question, is to take the time to explain to potential clients their options and the risks involved with this course of action. If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

K1 Visa Cost- What to Expect?

K1 visa cost is an important factor to consider, as your relationship blossoms into an engagement. Understanding the fees involved, and when these fees are due, can help you to plan better. There are multiple stages in the fiancé visa process and you pay the immigration fees at the time that you are in a particular stage of the case. K1 Visa Cost

K1 Visa Cost for Part One of the Process

Petition for Alien Fiancé

The first step is to file an I-129F Petition for Alien Fiancé with the United States Citizenship and Immigration Services (USCIS). The point of the I-129F petition is to let USCIS know of your intentions to marry a foreign national.

Before you file the I-129F form, check your eligibility.  You need to meet your fiancé in person, no more than 2 years before you file the petition. This will usually cost you  airfare, hotel or Air BnB accommodations, meals and entertainment, and other related travel expenses. Although these expenses are incidental to your intended marriage it is a part of the K1 visa cost that you cannot ignore.

Application Fee and Attorney’s Fees

The  I-129f application fee is $535.

You are not required to hire an attorney to complete the application, however, a qualified immigration attorney can improve your chances of success. The road to getting a K1 visa is filled with challenges and uncertainity.  Even though there are instructions online to help guide applicants with the process, there is no “question and answer session” with USCIS to help you figure out what exactly you need to do. If you make a mistake, USCIS can keep your filing fee and you would have wasted many months waiting for a denial on a deficient application that you filed yourself. Things can get even worst because your fiancé may get upset with you and call off the engagement due to your mistake.

The right attorney can make the process as seamless as possible. You can feel confident that your application is properly filed when you utilize the services of an experienced immigration attorney.

Attorney’s fees for this first step range from $1,500 to $3,000.

Processing time

You should expect to wait 6-8 months for a decision, from USCIS, on the I-129F petition.

K1 Visa Cost for Part Two of the Process

Visa Application Form

If the I-129F petition is approved, it is valid for four months and the file will be sent to the National Visa Center (NVC), where it will be assigned a case number en route to the appropriate U.S. Embassy/Consulate. Your foreign national fiancé will be required to complete an online DS-160 Nonimmigrant Visa Application form. This form requests information about the foreign national’s biography, travel, family, education and training, U.S. visa application history, social media accounts, health history, criminal history,  finances, and contact details.

Visa Application Fee and Attorney’s Fees

There is no filing fee for form DS-160 but there is a K1 visa fee of $265, which you must be paid before your fiancé can schedule a visa interview appointment. The options to pay the fee vary, depending on the procedures of the designated U.S. embassy/consulate.  Options can include cash payment at a pre-approved bank in the foreign country or online processing.

If you are using the services of an immigration attorney to assist you with this part of the process, you can expect to pay between $1,500 and $3,000.

 Other Fees

The K1 visa cost is not limited to government fees and attorney’s fees. Your fiancé will be required to undergo a medical examination and to obtain police certificates from all countries where he/she has lived, for at least six months, from the age of 16. In addition, police certificates are required for any country where your fiancé has been arrested, for any reason, regardless of how long he/she has lived there.

Processing Time

It takes about four to six weeks after the I-129F petition is approved for the case to move to the NVC. Once NVC receives the file, you may have to submit the DS-160 form and supporting documents online before the case moves to the embassy/consulate. How quickly you comply with the agency’s request can play a major role in the amount of time that your case stays with the NVC. Also, bear in mind that the I-129F approval is only good for four months, so it is best that you move fast.

Once the embassy/consulate receives the file your foreign national fiancé will receive a letter, in about 2 weeks, from the embassy/consulate for instructions on scheduling the medical examination and interview. After the medical examination is completed and your fiancé has all the required documents he/she should schedule an interview. Your fiancé may be able to pick the date that he/she would like to attend. After the interview, if your fiancé is successful, he/she should receive the k1 visa within a few weeks.

K1 Fiancé Visa Attorney

Cheryl Fletcher is an immigration attorney in West Palm Beach, Florida who has been helping U.S. citizens bring foreign brides and grooms to the U.S. If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

Fiancé Visa Requirements for the Application

fiance visa requirementsFiancé visa requirements are usually discussed by newly engaged couples either before or after the engagement. Most people already have the necessary documents in their possession or can get these documents on short notice.

Stages in the Fiancé Visa Process

There are three main stages in the process of getting a decision on your fiancé visa application. Each part is handled by a different agency of the U.S. government. The application begins with the United States Citizenship and Immigration Services (USCIS). If approved, it moves to the National Visa Center (NVC). The NVC, which is an arm of the Department of State (DOS)  sends the case for further processing to the appropriate U.S. consulate or embassy. Finally, the U.S. embassy/consulate conducts an interview and, if you are successful, meaning that have met all the fiancé visa requirements, you will be issued a K1 visa and you are ready to come to the U.S!

Who Can Petition for a Foreign National Fiancé?

Only U.S. citizens can petition for foreign brides or grooms. If you are a lawful permanent resident, you can still bring your loved-one to the U.S. but you will first have to get married and file the immigration petition for your spouse, rather than your fiancé.

Documents Necessary to Support Your Petition for Your Fiancé

Both the U.S. citizen and the foreign national spouse will submit documents to USCIS with the petition. This includes:

Fiancé Visa Requirements for the U.S. Citizen

  • Filing fee;
  • Proof of U.S. citizenship;
  • Proof of termination of previous marriages (if applicable);
  • Evidence of legal name change (if applicable);
  • Signed International Marriage Broker Consent Form (if applicable);
  • One (1) passport-style photograph;
  • Certified copies of arrest and conviction records (if applicable);
  • Letter of intent to marry;
  • Evidence of and in-person meeting during the 2 years immediately before filing OR evidence to support an exemption of this requirement;
  • Evidence supporting a multiple filer waiver request (if applicable); and
  • Evidence supporting a criminal offense waiver (if applicable).

Fiancé Visa Requirements for the Foreign National Beneficiary

  • Proof of termination of previous marriages (if applicable);
  • Evidence of leal name change (if applicable)
  • Letter of intent to marry;
  • One (1) passport-style photograph; and
  • Random photographs of the couple.

All documents must be in English or must be accompanied by a certified English translation.

NVC and U.S. Embassy/ Consulate Stage

It takes about 4-6 months for USCIS to make a decision on the I-129F Petition for Alien Fiancé. If the petition is approved, you  will receive an approval notice from USCIS and it will send the approved petition to the NVC. The NVC then issues a case number and routes the file to the appropriate consulate. Your foreign national fiancé then applies for the visa and  submits additional documentation  to support the application. Some of these requirements are:

  • Visa application fee;
  • DS-160 visa application;
  • A copy of a visa valid for travel;
  • A copy of his/her birth certificate;
  • Divorce decrees for the couple (where applicable);
  • Police certificates;
  • Evidence of financial support;
  • Two (2) passport-style photographs;
  • Medical examination; and
  • Evidence of the relationship.

If all goes well at the interview, your betrothed will be issued a fiancé visa, which is valid for a single entry into the United States. The visa is valid for no more than 6 months.

Fiancé Visa Attorney

Cheryl Fletcher is an immigration attorney in West Palm Beach, Florida who has been helping U.S. citizens bring foreign brides and grooms to the U.S. If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

 

K1 Visa Requirements | Necessary Documents

K1 visa requirementsK1 visa requirements are a part of U.S. immigration law and information about what you need is readily available on the internet. The United States Citizenship and Immigration Services (USCIS) provides free forms for various types of immigration benefits, including the K1 or fiancé visa. These forms provide instructions, which serve as a guide for anyone who is petitioning for a foreign national to immigrate to the U.S.

Who Can Petition for a Foreign Fiancé?

The first step in the K1 visa process is checking your eligibility. Only U.S. citizens can petition for a foreign bride or groom. If you are a lawful permanent resident, conditional permanent resident, or you are in the U.S. on an extended visa, you do not qualify.

In addition:

  • You must be free to marry within 90 days of your fiancé entering the U.S; and
  • You must have met your fiancé, in-person, within 2 years before you file the petition.

There are some exceptions to the in-person meeting. If you can prove that:

  • Meeting in person would violate established customs of your fiancé’s culture; or
  • You would suffer extreme hardship if you were to meeting in person.

Then, you still have a chance of success with the application, without the in-person meeting. An example of “extreme hardship” is, if you are unable to take a long flight to meet your fiancé because of a medical condition.

What Documents Do You Need to Meet the K1 Visa Requirements?

You will first need to file an I-129F Petition for Alien Fiancé. The I-129F petition lets USCIS know that you are engaged to someone from a foreign country and that you intend to marry that person shortly after he/she enters the United States.

You will answer various questions on the I-129F application including, biographic details about yourself, information about your former spouse(s) and children, you and your fiancés address and employment history.  You will also have to disclose your criminal history, even if the records were sealed or expunged.

In addition to the application, you must submit the following, where applicable:

  • Filing Fee
  • Proof of U.S. citizenship (eg. U.S. birth certificate, U. S. passport, or U.S. naturalization certificate);
  • Proof of termination of previous marriages (eg. divorce decree, annulment, or death certificate;
  • Evidence of legal name change;
  • Two (2) passport-style photographs (one of your fiancé and one of yourself);
  • Certified copies of arrest and conviction records;
  • Two (2) letters of intent to marry; and
  • Evidence of in-person meeting or evidence supporting an exception; ( eg. itinerary, boarding pass or medical records, if you are applying for an exception.

K1 Fiancé Visa Attorney

Cheryl Fletcher is an immigration attorney in West Palm Beach, Florida who has been helping U.S. citizens bring foreign brides and grooms to the U.S. If you would like to get in touch with Attorney,  Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

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