Important question

[SteelFaithU2 3]

Hi everyone. I was speaking to my friend tonight who is in the process of doing a K1 visa with his fiancee. He told me that that a new law was passed in January 2012, and the law made it that a fiancee had to have been together with her American petitioner for 2 years or more in order to be eligible for a K1 Visa; so he said it's better for me to marry my fiancee in the Philippines than to do the K1 since we've known each other for under a year. Is this true? because I did not read this anywhere in the visa requirements. Any help or info is greatly appreciated!

[Anh map 2,098]

Hi everyone. I was speaking to my friend tonight who is in the process of doing a K1 visa with his fiancee. He told me that that a new law was passed in January 2012, and the law made it that a fiancee had to have been together with her American petitioner for 2 years or more in order to be eligible for a K1 Visa; so he said it's better for me to marry my fiancee in the Philippines than to do the K1 since we've known each other for under a year. Is this true? because I did not read this anywhere in the visa requirements. Any help or info is greatly appreciated!

That is not correct.

[Pitaya 2,577]

Hi everyone. I was speaking to my friend tonight who is in the process of doing a K1 visa with his fiancee. He told me that that a new law was passed in January 2012, and the law made it that a fiancee had to have been together with her American petitioner for 2 years or more in order to be eligible for a K1 Visa; so he said it's better for me to marry my fiancee in the Philippines than to do the K1 since we've known each other for under a year. Is this true? because I did not read this anywhere in the visa requirements. Any help or info is greatly appreciated!

Welcome to the forum.

Hmmmm.... I think that your friend may be misinformed. Ask your friend for documentation of this supposed change. Here is the link to the current DOS Nonimmigrant visa K-1 FAQs. Check them out for yourself.

Good luck on your visa journey.

[SteelFaithU2 3]

Thanks for ending that worry for me, things are tough enough! Cheers!

[Darnell 8,479]

can your friend cite the law by House Bill Number?

[Gary and Alla 3,696]

Hi everyone. I was speaking to my friend tonight who is in the process of doing a K1 visa with his fiancee. He told me that that a new law was passed in January 2012, and the law made it that a fiancee had to have been together with her American petitioner for 2 years or more in order to be eligible for a K1 Visa; so he said it's better for me to marry my fiancee in the Philippines than to do the K1 since we've known each other for under a year. Is this true? because I did not read this anywhere in the visa requirements. Any help or info is greatly appreciated!

Your friend is full of sh*t. Tell him Gary said so, and tell him to get his @ss over to VJ if he expects to actually get a visa for his fiancee, I do not think he is capable otherwise

You can meet someone in person this morning and file the petition this afternoon. Do not ask this friend for any more immigration advice. At least not until he has been a VJ member for a few months.

Edited May 5, 2012 by Gary and Alla

[Wally G! 58]

@Gary Lol Wow!!! All true!!!

OP whom ever you friend is doesn't know the K-1 requirements at all. This not a new law. This has been a requirement for a long time.

Like Gary said.. Tell your friend to come to VJ if he wants to get through the K-1 process. It is DIY process. Depending on there situation VJ guides and members can help get him through the process.

[Robby999 1,024]

What are the basic eligibility requirements for a fiancé(e)

petition?

You must be a U.S. citizen to file a fiancé(e) petition. In your petition, you must show that:

•

You are a U.S. citizen;

•

You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States;

•

You are both free to marry; and

•

You have met each other in person within 2 years before you

file this petition. However, there are two exceptions which

require a waiver:

This is the 2 year rule your friend is most likely confused about! Good Luck and do not ask your friend for any more immigration advice.

[m60man 5]

Your friend is a bit confused. K-1 Visa's require you to have met in person at least one time during the relationship. Then you need to prove that it is indeed a bonifide relationship. Communications records, pics of you two together during visit, letters, cards, phone records, etc. It then is up to the interviewing officer to decide if it is a bonifide relationship or a ploy for a green card. So you need to maintain good records of your courtship.

There is a two year rule but it applies to IR-1 Visa's, You must be married at least two years upon her entry to the USA. Then there is no AOS needed and her Green Card (10 yr.) and SSAN will be sent to her within 2 weeks or so. If you are married less then 2 years upon her entry to the USA you apply for a CR-1 (Conditional) and a AOS will need to be done at the appropriate time. I believ the Green Card is only 2 years under these visa's.

[Hank_ 9,174]

That's a bunch of DO-DO! Jeez!!! Find smarter friends.... the dumb ones tend to drag you down.

Go up to the GUIDES at the top of this page and read the K-1 GUIDE.

Here are the instructions for the I-129F http://www.uscis.gov/files/form/i-129finstr.pdf

Requirement is having MET within the past 2 years.

[Hank_ 9,174]

@Gary Lol Wow!!! All true!!!

OP whom ever you friend is doesn't know the K-1 requirements at all. This not a new law. This has been a requirement for a long time.

Like Gary said.. Tell your friend to come to VJ if he wants to get through the K-1 process. It is DIY process. Depending on there situation VJ guides and members can help get him through the process.

Read his post again... It didn't say "having met within 2 year", he is saying they have to BE together for 2 years or more.

"...new law was passed in January 2012, and the law made it that a fiancee had to have been together with her American petitioner for 2 years or more in order to be eligible for a K1 Visa"

Edited May 5, 2012 by Hank_Amy

[Darnell 8,479]

There is a two year rule but it applies to IR-1 Visa's, You must be married at least two years upon her entry to the USA. Then there is no AOS needed and her Green Card (10 yr.) and SSAN will be sent to her within 2 weeks or so. If you are married less then 2 years upon her entry to the USA you apply for a CR-1 (Conditional) and a AOS will need to be done at the appropriate time. I believ the Green Card is only 2 years under these visa's.

you meant to write ROC above, and not AOS.

[EminTX 131]

OP, Don't trust your "friend" with any medical or legal advice, either.

With friends like that, who needs enemies?

[TnJ 131]

Your friend is full of sh*t. Tell him Gary said so, and tell him to get his @ss over to VJ if he expects to actually get a visa for his fiancee, I do not think he is capable otherwise

You can meet someone in person this morning and file the petition this afternoon. Do not ask this friend for any more immigration advice. At least not until he has been a VJ member for a few months.

[TnJ 131]

This is the 2 year rule your friend is most likely confused about! Good Luck and do not ask your friend for any more immigration advice.

This was my thinking too, but it still doesn't explain what this person is referring to as a law passed in January 2012 The requirement to have met within 2 years before filing the petition isn't anything new.