can you apply for a k1 visa twice

If you are the U.S. citizen petitioner for a K1 visa

you can apply for a second K1 visa petition over 2 years after approval of your first K1 visa petition. If you want to file a K1 petition in less than two years, you will have to apply for a waiver of this rule.

Full Answer

How many times can you apply for a K1 visa?

So, although you can technically apply for unlimited K1 visas, it is complicated to apply for more than 2. To request a waiver you must submit a signed and dated written request with your K1 visa petition accompanied by documentation of your claim to the waiver.

When to apply for a waiver of the K1 visa rule?

If you want to file a K1 petition in less than two years, you will have to apply for a waiver of this rule. Also, if you have filed two or more K1 visa petitions at any time in the past, you will need to apply for a waiver.

Who adjudicates my K-1 visa application?

Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQ’s. Overview: What is a K-1 Visa? What Is a "Fiancé (e)"? Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

Can a child with a K-1 visa enter the US?

As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas. With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

How many times can I apply for a K-1 visa?

two timesCan I apply for another K-1 Visa? You can only apply for a K-1 fiancé visa one time in a 2-year period, and only two times total. So if it has been more than 2 years you are okay. If it has been less than 2 years you will need a waiver.

Can you reapply for a K-1 visa?

If you come to the U.S. on a K-1 fiancé visa, which is given to foreign nationals for the purpose of entering the U.S. and marrying a U.S. citizen, realize that your visa cannot be renewed.

What happens if your K-1 visa is denied?

There are three primary options you can take if your K1 visa petition is denied that can still provide a pathway to living together permanently in the United States. These three options are to either appeal the decision, reapply for the K1 visa, or marry in a foreign country and apply for a CR1 visa.

How often do K1 visas get denied?

According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants. And while eventually many of them are able to overcome the initial denial, some do not.

What percentage of fiancé visas are approved?

Gain an advantage when applying for your fiancé visa It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.

Can I travel to us while waiting for K-1 visa?

Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.

Why would a fiancé visa get denied?

Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.

How long does fiancé visa take 2022?

approximately 9 to 12 monthsHow long does a fiance visa take? As of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F).

Does US Embassy do background check for K-1 visa?

DOS notifies the U.S. citizen petitioner when it is time for the foreign fiancé or fiancée to apply for the K-1 visa. DOS conducts background checks, including fingerprint checks, on the K-1 visa applicant (the foreign fiancé or fiancée).

Which is easier fiancé or spouse visa?

Citizens, the K1 Fiance Visa is still quicker and simpler for unmarried international couples seeking to get married. Marriage Visas generally take between 5-7 months from the time the I-130 Petition is filed at a USCIS Service Center to the day a Marriage Visa is issued. First, the Petition is filed with the USCIS.

Which is faster fiancé or spouse visa USA?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

What is the income requirement for K-1 visa 2022?

Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. On the other hand, when the fiancé becomes a permanent resident, you would have to earn at least $21,137 every year. These are the minimum requirements.

How many k1 visas are approved each year?

USCIS quarterly data on the I-129F petition¹⁴ shows that approvals were down in 2017 and 2018 (compared to the previous two years). In 2015 and 2016, an average of 49,000 I-129F petitions were approved. In 2017 and 2018 an average of 34,000 petitions were approved.

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 long does it take for a fiancé visa to be approved?

7 monthsThe processing time for a K-1 fiancé visa application currently averages 7 months. Note this does not include the time from when your application is approved to your interview date, which differs based on the country you're applying from.

How many K1 visas can I get?

How Many K1 Visas Can I Apply For? In general, it is best to only apply for one K1 visa. Not only will you have found last love and a lasting relationship, U.S. immigration officials can be suspicious of people who apply for more than one K1 visa. However, it is possible to apply for multiple K1 visas.

How long does it take to get a second K1 visa?

If you are the U.S. citizen petitioner for a K1 visa you can apply for a second K1 visa petition over 2 years after approval of your first K1 visa petition. If you want to file a K1 petition in less than two years, you will have to apply for a waiver of this rule.

How to request a waiver for a K1 visa?

To request a waiver you must submit a signed and dated written request with your K1 visa petition accompanied by documentation of your claim to the waiver. The written request must explain why the waiver is appropriate in your situation. For example, if your prior fiance died, you would need to explain the circumstances ...

What should I know before applying for a K-1 visa?

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.

How Long Will It Take to Get My K Visa?

For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.

What do you need to present to a consular officer for a visa interview?

During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.

How long do you have to meet a foreign citizen?

In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.

What are some examples of ineligibilities for a visa?

Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

Can I apply for a K visa for my child?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen fiancé (e) filed on your behalf, but your U.S. citizen fiancé (e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

Do you open a sealed K-1 visa packet?

Embassy or Consulate. It is important that you do not open the sealed packet.

What are some K1 visa questions I may be asked?

Here are some sample questions the foreign fiancé may be asked during the K-1 visa interview with the consular officer:

Who is eligible for the K-1 visa?

A U.S. citizen can sponsor a foreign- born individual they want to marry by bringing them to the United States on the K-1 fiancé visa. The basic K-1 visa requirements to be eligible for the visa are:

Can I get the K-1 visa if I’m thinking about getting married but not sure?

You really should be serious and have a strong intention to get married to your partner with the K-1 visa. If you’re on the fence, it may be better to hold off until your more sure about the relationship .

What is the minimum K-1 visa income requirement?

The minimum K-1 visa income requirement is based on the Department of Health and Human Services (HHS) 2021 poverty guidelines. The guideline is used to qualify the affidavit of support and demonstrate that the visa sponsor is capable of petitioning for their foreign fiancé and supporting any children the sponsor has, past immigrant (s) sponsored, and the K-1 spouse’s dependents.

Can my kids come with me if I have a K-1 visa?

The good news is that under a K-1 visa, the foreign-born partner’s children can obtain K-2 visas to come to the United States. The children need to be unmarried and under 21 years old to qualify. They’ll also be able to apply for green cards after the couple gets married.

How can I prepare for the K-1 visa interview?

What USCIS is looking for are illegitimate relationships or those that are just interested in getting a green card for the United States. All foreign-born K-1 applicants will need to undergo the interview so a consular officer can evaluate their intentions. You’ll be asked questions about how you met your fiancé, what sort of wedding plans are established, your fiancé’s interests and hobbies, and more. Don’t try to answer the questions with what you think is the correct answer, but instead, always be honest and truthful. If you don’t know the answer to a question, don’t lie. Say, “I don’t know” instead. In total, the interview should last about 20 minutes. The U.S. citizen partner is not required to be at the interview. You should arrive at your interview dressed appropriately and at least 15 minutes early.

Should my kids come to the K-1 visa interview?

If the foreign-born partner has children that will also come to the United States on the K-2 visa, then they should also be present at the interview.

What is the purpose of J1?

The purpose of the J-1 Intern Visa is to bridge of the gap between academics and professional experiences. Therefore, a J-1 Intern may participate in multiple internship programs. To qualify for a repeat J1 Internship, the Intern must meet the following requirements:

What is the purpose of J-1 training?

While we know the purpose of the J-1 Intern and Trainee visa is to “ enhance the skills and expertise of exchange visitors in their academic or occupation fields through participation in structured and guided work-based training and internships to improve participants’ knowledge of American techniques, methodologies and technology.” (22 CFR 62.22); the general rule for repeat J-1 internships/trainings, the new training cannot duplicate previous training or experience. Second programs need to show advancement in training and cannot have same tasks or be in the same “position”. If the program is not different, at the same host site or contains similar tasks, it would not appear as bonafide training, but potential labor. When drafting a more rigorous training outline, remember to clearly define differences between prior training and the new training.

What is second program?

Second programs need to show advancement in training and cannot have same tasks or be in the same “position”. If the program is not different, at the same host site or contains similar tasks, it would not appear as bonafide training, but potential labor.

Can I withdraw my K-1 application?

And so you’re just turned back and allowed to “withdraw the application” (form I-275). This is considered getting off easy. Because it does not force a denial or bar on your records. And it’s usually not a problem for your K-1 application.

Is it a matter of time before K-1 is approved?

It’s only a matter of time before your K-1 gets approved. You don’t want to muddy the waters with several visa or entry denials. And now I’ve got a question for you…

Does past K-1 visa denial affect K-1?

Alright, so that’s great and all — the fact that past visa denials typically don’t affect our K-1 visa process. But, I want to talk about other interesting things that may happen as a result of denials or numerous attempts for a visa…

Is there anything to worry about on a K-1 visa?

Fortunately, there’s not much to worry about unless there was an inadmissibility involved (e.g. overstay or some other violation). So, let’s unravel how this works and if you need to worry about your future k-1 visa interview.

Can a fiance say I want to visit my fiance?

It’s okay if your fiance goes to the interview and says “I want to go to the US to visit my fiance”. And in turn he/she is denied for no “strong ties to home”.

Is it normal for a consular officer to suspect you two just got tired of waiting for the K-1?

You see , it’s normal for Consular Officers to suspect you two just got tired of waiting for the K-1, and plan to marry and adjust status in the US using a tourist visa.

Can a fiance visit you on a US visa?

If your fiance has a US tourist visa or ESTA (VWP), consider yourselves lucky. In fact, consider it a privilege he/she’s allowed to visit you at all.