You must be a U.S. citizen—a lawful permanent resident cannot sponsor a K-1 visa. This means you have both met all the legal obligations required to get married in the United States.
What is a K-1 visa for a foreign citizen?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
Can I extend my K-1 visa if I am married?
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé (e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law.
Can a K-1 nonimmigrant apply for a green card?
In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As a K-1 nonimmigrant, all of the grounds of inadmissibility listed in INA 212 (a) apply to you except the following:
Can a green card holder apply for a K-1 visa?
The K-1 fiancé visa requirements include: The sponsoring partner must be a U.S. citizen. U.S. green card holders are not eligible to apply for fiancé visas. You and your fiancé must prove that your relationship is authentic—through photos, correspondence, and written statements from people who know you as a couple.
Can green card holder apply for spouse visa?
Yes, green card holders can petition for their spouses to join them in the U.S. on a visa. Spouses of lawful permanent residents are eligible for a family second preference category (2A) visa.
Can a green card holder marry someone and file for them?
The first step is to have your U.S. lawful permanent resident spouse file a petition with U.S. Citizenship and Immigration Services (USCIS). Its purpose is proving that you're married and that your spouse is a green card holder.
What is the eligibility category for K-1 visa?
You are eligible for the K1 fiance visa if: You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S. You will marry the petitioning U.S. citizen within 90 days of entering the U.S. You intend to enter the U.S. solely to marry the U.S. citizen.
What is the fastest way to bring my wife to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
How long does it take for a green card holder to sponsor a spouse?
The total application processing time takes anywhere from 10-13 months for the entire marriage-based green card timeline. The key difference between an interview at a U.S. Embassy or Consulate and in the country is that both the spouse and the sponsoring U.S citizen must attend the interview.
Which is better K-1 visa or spouse visa?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
What happens if a permanent resident marries a U.S. citizen?
As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. This is a significant benefit (as it normally requires five years as a permanent resident before applying for citizenship).
What documents are needed for a fiancé visa?
The documents you'll need for your fiancé(e) visa applicationProof of citizenship for the U.S. citizen fiancé(e)Copy of sponsored fiancé(e)'s passport.Evidence of terminated marriages, where needed.Proof of meeting within 2 years of applying.Evidence of legal name change, where applicable.More items...
How long does it take for a K-1 visa to be approved?
The processing time for a K-1 visa application currently averages 7 months. This does not include the time from when the government approves your application to your interview date, which differs based on the country you're applying from.
How much money do you have to make to sponsor a K-1 visa?
In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...
How long does K-1 visa take 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
How long does it take for a green card holder to sponsor a spouse 2021?
Average time -- Five to 30 months to get the Form I-130 approved by USCIS; no time on the Visa Bulletin waiting list as of early 2022, and the rest depending on various complicated circumstances.
Can my wife stay in the US while waiting for green card?
Adjustment versus Consular Processing In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times.
Can a green card holder sponsor a family member?
Green card holders can also sponsor their relatives. Green card holders can only petition their husbands or wives and unmarried children. Only U.S. citizens can sponsor the following relatives: Husband or wife.
How long does it take for I-130 to get approved for spouse?
How long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months.
What Is a K1 Visa?
A K1 visa is a nonimmigrant visa that allows a U.S. citizen's fiancé to enter the United States for up to 90 days. After marriage to a U.S. citizen, a K1 visa holder can apply for a green card to become a permanent legal resident of the United States.
How long is a K1 visa valid?
There is no firm deadline for applying for a K1 visa, but you should plan to apply several months in advance. Once you file the petition, it is valid for four months. If circumstances prevent its approval during this time, you can apply for an extension.
How long does it take to get a visa for a wedding?
Delaying your marriage. This must take place within 90 days of entering the United States. If your marriage is delayed for any reason, you might need to file for an extension.
How long does it take to get a K1 visa?
A K1 visa allows you to enter the United States once during a six-month period. You and your fiancé must make wedding plans quickly to meet the 90-day deadline this visa grants. You and your children want to move to the U.S. For many K1 visa applicants, permanent residence in the United States is the ultimate goal.
What is the G-1145 form?
G-1145 form to your application. This e-notification form is optional and authorizes the USCIS to communicate about your application by email or text.
How long do you have to sign a letter to marry on a K1 visa?
Both the petitioner, or the U.S. citizen, and the beneficiary, or the foreign national, should sign this statement. It should confirm that you intend to marry within 90 days of receiving a K1 visa.
Where to schedule an interview for a K1 visa?
Schedule an interview at the U.S. Consulate. The K1 visa applicant must schedule an interview at his or her local consulate. Bring the following items, also known as packet 3, to the interview:
Who determines if a fiancé qualifies for a K-1 visa?
The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.
Who notifies you when the visa interview for your fiancé (e) is scheduled?
The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
What form do I need to get married?
If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.
Where to send I-129F?
The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé (e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
How long does it take to get a green card if you are married?
If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...
Can I mail my spouse an I-485?
We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information.
Can I file a K-1 visa after it has expired?
Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F.
How to Apply for the K1 Visa?
The fiancé visa application has a few steps that both fiances must follow. It must be first initiated by the US citizen. The US citizen must obtain permission from the US Citizenship and Immigration Services (USCIS) to bring and sponsor their foreign citizen fiancé to the US.
How to get a K1 visa?
Initially, you must apply for an Employment Authorization Document (EAD) by filing Form I-765 to USCIS. If approved, you are allowed to obtain a Social Security Number (SSN) and even work for the period of time that your K1 visa is valid.
What Are the Documents Required for a K1 Visa Application?
Here are the documents that you should submit when applying for a K1 visa:
How Much Does it Cost to Apply for a K1 Visa?
It costs $265 to apply for a K1 visa. The amounts vary by year as well as by country due to different relationships that the US has with other countries, but the main categories for which you will be asked to pay fees are as follows:
What is the Visa K1 Processing Time?
The K1 visa processing time may vary from weeks to months. It does not have a definite length of processing time. It is most likely that it will take a few months, so plan ahead for any delays if you are planning the wedding in the US.
How Long is the K1 Visa Valid?
The K1 visa is valid for 4 months but you can extend for up to 6 months. Despite the fact that the K1 visa might be valid for this length, the couple is expected to be married within 90 days of the foreign citizen’s entrance in the US.
How long does it take to get married on a K1 visa?
If the foreign citizen obtains a K1 visa and the couple gets married in the US within 90 days, then the process to adjust status to a permanent one begins. This means that the foreign citizen will become a Legal Permanent Resident of the US by getting a spouse visa. This process begins by filing Form I-485.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How long does it take to get a green card if you are a K-1?
citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.
How to apply for a waiver of inadmissibility?
You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
How long does it take to get an I-485?
You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
Can an alien marry a non-K-1?
U.S. immigration law allows a U.S. citizen to petition for a alien fiancé (e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé (e), ...
Who is the beneficiary of a K-1 visa?
In this process, the petitioner is a U.S. citizen fiancé, and the beneficiary is the foreign national fiancé. If you're ready to get started, skip to how CitizenPath can help.
What is the package of documents that a K-1 visa holder receives?
The U.S. embassy will provide the visa holder with a package of documents typically called the "visa packet.". Upon arrival to the United States, the K-1 entrant will give the visa packet to the Customs and Border Protection (CBP) officer at the port of entry.
How long do you have to meet your fiancé before filing I-129F?
Although there are some exceptions for certain cultural limitations, you generally must have met your fiancé in person within the two years immediately before filing Form I-129F. That means that you and your fiancé must have been together in the same physical space.
What is the form for a foreign national fiancé?
Use Form I-129F (Petition for Alien Fiancé) to start the immigration process for a fiancé. Only a U.S. citizen may file the I-129F petition for a foreign national fiancé. Each year from 2017-2020, USCIS has denied a higher percentage of I-129F petitions. Therefore, it's important to get it right.
How long does it take to get a green card?
An adjustment of status application typically includes several forms submitted together. The green card timeline may take about one year. During this time, the foreign spouse is able to obtain work authorization and travel abroad, provided he or she submits the correct paperwork as a part of the adjustment of status package.
Can a B visa be used for a fiancé?
Your fiancé may be able to enter the United States on a B visitor visa or visa waiver program. However, it’s highly discouraged and may even be fraudulent. The purpose of a B-2 visa is temporary visits for pleasure, not permanent immigration.
Where to go for a K-1 interview?
The K-1 visa interview will take place at a U.S. embassy or consulate near the beneficiary. The K-1 applicant and generally any children that will receive K-2 visas should attend. In some cases, the U.S. citizen may attend, but it is not required.
How long is a K-1 visa valid for?
The visa packet is valid for up to six months for a single entry into the United States.
How long does it take to get a K-1 visa?
After you become a naturalized US citizen in 6 – 12 months, you could then petition for a K-1 visa on behalf of your fiancé.
How long does it take for a spouse to get a green card?
If you petition for a Green Card less than two years after getting married, USCIS will approve conditional permanent residency with a Green Card that’s valid for just two years (a standard Green Card is valid for 10 years, by comparison). Your spouse will eventually need to petition to remove the conditions on their permanent residency by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days before their Green Card expires.
How to apply for alien fiance?
The first step in the application process is to complete and submit Form I-129F, Petition for Alien Fiancé. In addition to Form I-129F, your petition packet will need to include the following documentation:
How much does it cost to get a green card for spouse?
Your spouse will need to complete and submit this form to USCIS, along with all of the necessary evidence, documentation, and filing fees ($750 – $1,225). After USCIS receives the application packet, your spouse will need to complete a Green Card medical exam and an interview with a USCIS officer at the nearest field office.
Can a fiancé get a green card after marriage?
Unfortunately, fiancé visas are only available for US citizens, not lawful permanent residents.
Can an approved visa be inspected at a US port of entry?
Inspection at a US Port of Entry. Keep in mind that an approved visa does not guarantee entry into the United States. Rather, it allows an individual to travel to a US Port of Entry, where they will be inspected by a CBP officer.
How long does it take to get a green card after becoming a permanent resident?
A permanent resident can apply for U.S. citizenship five years after getting a green card (with some exceptions allowing for an earlier submission of the N-400 application). Talk to an immigration attorney for a full analysis of your options. Talk to a Lawyer. Need a lawyer?
How to get a visa for a spouse?
This method involves your U.S. spouse submitting a petition to U.S. Citizenship and Immigration Services (USCIS) on Form I-130, with documents including a copy of your marriage certificate; then you waiting (often for up to around two years) for a visa to become available in this category, based on your Priority Date. During this time you have no right to live in the United States. If your spouse becomes a citizen during this time, you automatically become an "immediate relative," and can apply for your immigrant visa/green card right away.
Who is Eligible for a K2 Visa?
To be eligible for the K2 visa, the applicant must be the child of a K1 visa holder. The applicant must be under the age of 21 and unmarried. In other words, one of the parents should be a US citizen who is intending to marry a foreigner and the foreign parent must have an approved K1 visa.
What is a K2 Visa?
The K2 visa is a non-immigrant visa that can be used by the children of a K1 fiancé (e) visa holder to enter the United States territory until an immigration visa is granted for them. As the child acquires his immigrant status through the parent, this type of visa is known as a derivative visa.
What Documents are required for a K2 Visa?
As stated above, a K2 visa is a derivative visa which is granted through the parent’s fiancé (e)’s K1 visa petition. That’s why it is mandated to include the name (s) of the children on the parent’s I-129F petition (Petition for Alien Fiancé).
What Restrictions Are on K2 Visa Holders?
Once you obtain a K2 visa, you are not allowed to change to another non-immigrant visa status. The applicant is also restricted from entering the United States if there is any previous immigration violations.
How Much Does a K2 Visa Cost?
The overall fee structure for K2 visa can be broken down to three segments – Form I-129F filing fee, biometrics charges, and Embassy fee. Listed below are the current charges for each of these three categories:
How to schedule a visa interview?
After getting the correspondence, you can schedule the visa interview at a convenient date on the official website.
Where to pay visa fee for interview?
Please note that the applicant is not mandated to make an online payment. The visa fee is usually collected by the cashier at the American Embassy or Consulate on the day of the interview.
