In most cases, K1 visa
K-1 visa
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immi…
Are there exceptions to the two year meeting requirement for K1 visa?
A common question in the K1 visa petition process is whether there are any exceptions to the two year meeting requirement. More importantly, the couple must show with substantial and convincing evidence that they have a true and honest relationship and not merely a relationship designed to evade immigration law and obtain immigration benefits.
Can a K-1 visa be used for a fiance?
The K-1 nonimmigrant visa is also known as a fiancé (e) visa. In order to obtain a K-1 fiancé (e) visa, you and your fiancé (e) must intend to marry each other within 90 days of your fiancé (e) entering the U.S as a K-1 nonimmigrant.
What to do if you are ineligible for a K-1 visa?
People who are ineligible for a K-1 visa are notified by the consular officer. He will be able to tell you if there is an ineligibility waiver available and what the process is to apply for it. In that case you may need an I-601 waiver . It is recommended that you contact a good immigration lawyer who can quickly solve this obstacle.
Can I apply for K-1 visa without meeting?
The INA requires K1 fiance visa applicants meet in person at least once to approve the fiance visa. May be waived if meeting would violate cultural norms, customs or some religious tenet. Extreme hardship waiver is available to the US petitioner.
How long do you have to be together for K-1 visa?
Marriage Visa vs. Fiancé Visa: Which path should I choose? Generally speaking, the K-1 fiancé visa makes more sense for engaged couples if one or more of the following is true: You want to be together in the United States as soon as possible—typically 19 months for a fiancé instead of – months for a spouse.
Why do K1 visas get denied?
There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.
Can I visit the U.S. while I wait for my K-1 fiancé visa?
Visiting Before Filing a K-1 Petition If they haven't already filed this petition, then the U.S. government will have no record of your planned wedding, and you shouldn't have any trouble visiting the United States on a temporary visa (such as a tourist visa).
Can I bring my fiancé to USA without meeting?
You Must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. During the two years before you file the Form I-129F Petition for Alien Fiancé(e), you must meet your fiancé(e) in person. Keep a close eye on the calendar.
Which is faster fiancé visa or spouse?
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 is the success rate of K-1 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.
Is a K-1 visa hard to get?
So Is it Difficult to Apply for a K1 visa? The approval of the K1 visa may vary from case to case according to circumstances, and in most cases can be denied or delayed simply because of the applicant's fault for not being able to provide the correct information or follow instructions.
How often are fiancé visas 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 is the easiest way to bring my fiancé to USA?
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
What happens if I get married while waiting for K-1 visa?
A foreign marriage voids the K-1 visa and makes you ineligible for entry with a K-1. If you do get married while your K-1 is pending or approved (while outside the US), you must formally withdraw your petition. Do not continue any further, even if your I-129f is approved, or an interview is scheduled with the Embassy.
Can I marry my fiancé on a tourist visa?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
What percentage of fiancé visas are approved?
In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.
How many k1 visas are approved each year?
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 do I pass my K-1 visa interview?
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What proof do you need for a fiancé visa?
Step 1: Form I-129F Proof of citizenship for the U.S. citizen fiancé (copy of a passport, certificate of naturalization, or birth certificate) Copy of the sponsored fiancé's passport. Proof of the legitimacy of the relationship (photos, correspondence, sworn statements from friends and colleagues, etc.)
How long do you have to meet your fiancé to get a visa?
There is a requirement when people are applying for a K1 fiancé visa that you have met your fiancé in person, physically, within the past two years from the point when you file the petition. A lot of people were planning on meeting each other and then their plans got canceled unfortunately just because of the difficulties traveling internationally with the pandemic happening.
Can you have a person meet the requirement to have a meeting in person?
There are very limited exceptions to that requirement to have met in person. So far, there hasn’t been any cases where people have actually applied yet to try to do it on this basis. Legally, it could potentially work. So far, all of our clients have decided not to try it at this point.
Can you waive a requirement?
There’s a way to apply for a waiver of that requirement. You have to make your legal argument about why it’s impossible for you to meet in person. The main thing is going to be whether the government wants to start accepting that exemption because typically, they want exceptions and exemptions to be something that is very limited. Where very few people qualify for it.
I cannot fly to my fiancA (C) (e)'s home country, I am afraid of planes and have a psychiatric condition
I cannot fly to my fiancA (C) (e)'s home country, I am afraid of planes and have a psychiatric condition. This also well may not convince the U.S.C.I.S. to grant you a waiver of the 2 year meeting requirement. First, has your fiance (e) tried to come to the U.S.
My religion or traditional social custom of my fiancA (C) (e) prevents us meeting before marriage
My religion or traditional social custom of my fiancA (C) (e) prevents us meeting before marriage. If this is true in your case you need to provide extensive documentation to prove that it can be demonstrated "objectively" and it is not just a stance you have adopted in order to convince the U.S.C.I.S.
What is a K-1 visa?
The K-1 visa is one of the most requested types of American non-immigrant visas.
How much is the K1 visa fee?
Complete and file Form I-129F and pay the filing fee of $ 535. The K1 visa application form can be paid by check or money order made out to: Department of Homeland Security. If you do it by credit card, you must fill out form G-1450.
What is the K-1 fiancé visa?
The K-1 visa is used by the fiancé (e) to enter the USA to marry a U.S. citizen. The period of time established by law to carry out the marriage is 90 days maximum.
How to obtain the fiancé visa?
The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:
How to notify USCIS of a K-1 visa?
If the applicant is moving it is important that they notify USCIS by phone 1-800-375-5283 or by email.
What questions are asked in a K1 visa interview?
Some of the most frequently asked questions in the K1 visa interview are whether you have been married before and where you live. Also if the applicant has been convicted or prosecuted for a crime.
How to verify a K-1 visa?
The processing time of the fiancé K-1 visa can be verified in the letter that the Citizenship and Immigration Service (USCIS) sends to the applicant. That is after the agency receives the request and reports having received the documents sent by the embassy.
What is a K1 visa?
A K1 visa is sometimes also referred to as a fiancé (e) visa. This visa specifically grants a fiancé (e) of a U.S. citizen the privilege of living in the U.S. for 90 days after their entry through a U.S. border crossing. If you enter the U.S. on this visa, you and your future spouse are required to get married within the 90-day validity period of the visa. If the marriage does not take place within the 90-day validity period, the foreign fiancé will need to leave the U.S. The visa will also lose its validity if the engagement is broken before the marriage.
Who files the K1 visa?
It is also important to remember that the U.S. citizen partner (the petitioner) files the K1 visa application on behalf of the foreign fiancé (the visa beneficiary).
How Much Does a K1 Visa Cost?
The Form 129F has a filing fee of $535. At your visa interview, you’ll also need to pay the visa fee of $265. So the official filing fees require a total of $800. This does not, however, take into account the medical examination costs or any other expenses you need to cover in pursuit of your K1 visa.
How many meetings do you need to get a visa?
The couple must prove at least one personal meeting in the two years leading up to the visa application. This requirement may be waived if the foreign spouse could not do so due to extreme hardship as a result of religious, cultural, or social norms.
Is a K1 visa different from a K1 visa?
The U.S. government determines these regulations and the USCIS (U.S. Citizenship and Immigration Services) ensures it is enforced. A K1 visa is no different and it also only allows a specific group of people entry into the U.S.
When will the officer decide on a K1 visa?
The officer presiding over the case will either decide on the same day of the interview or the day after whether your application is successful. So make sure you have all the required proof and supporting documents at your interview and prepare well for the interview by studying some of the possible K1 visa interview questions.
Who needs to file I-129F?
The sponsor fiancé needs to file Form I-129F on behalf of the beneficiary. All the supporting information mentioned above needs to be included in the application. The sponsor spouse also needs to include the following information about themselves:
Can an American travel to the Philippines to meet his Filipina girlfriend?
It is much easier for an American to travel to the Philippines to meet his Filipina girlfriend than it is for her to try and come to the USA to meet him. Anyone who thinks they can get a B1 or B2 Tourist visa easily is mistaken. K1 Proof of Meeting.
Do you have to meet again for USCIS?
If two years have gone by since the meeting in person, both sponsor and beneficiary will need to meet again in order to qualify. USCIS doesn’t have any set requirements on how much time a couple has to spend together in person, but they do have certain items that they would like to see at both USCIS and the interview.
How to prove K-1 is not a public charge?
Typically, proving that the K-1 applicant won't become a public charge is done by requiring the petitioner to show how he or she will financially support the fiancé (e). See How Much Income a K-1 Fiancé Visa Applicant's Sponsor Needs to Show. If you cannot afford the trip abroad, you will have significant difficulty showing your ability to support your fiancé (e) after arrival in the United States.
Why is a foreign born fiancé inadmissible?
This is because the U.S. consulate will require the foreign-born fiancé (e) to demonstrate that he or she is not likely to become a public charge (dependent on government assistance in the U.S.). A likely public charge becomes " inadmissible ."
How long is the USCIS visa?
The two-year meeting requirement is strictly enforced by United States Citizenship and Immigration Services ("USCIS"). While waivers of this requirement are technically available, USCIS will grant such a waiver only in extremely limited (and unusual) circumstances.
What documents are needed for a visa application?
Proper documentation may include: passport stamps showing entry and exit stamps to and from the country where you met. copies of boarding passes, travel itineraries, and the like.
Can you get a waiver for a two year meeting?
In a few situations, petitioners and beneficiaries are able to get a waiver of the two-year meeting requirement. However, these exceptions are extremely rare, so it is best not to hope for a waiver.
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:
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:
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.
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.
