do you need a k1 visa to get married

What is a K-1 visa for marriage?

A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage. Not sure if you qualify for a K-1 visa?

Can a K1 visa be used to enter the US permanently?

But you must use the visa to enter the United States within six months of its issuance, otherwise it will expire. The K-1 is a nonimmigrant visa. That means it does not permit the immigrant to stay in the U.S. permanently. Its sole purpose is to allow the fiancé to enter for the purpose of marriage to a U.S. citizen.

What is a K2 visa for a foreign national?

K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status. They will be under this nonimmigrant status only until their statuses are adjusted, and they can receive green cards. K-3 visa – this visa is meant for the foreign-born spouses of U.S. citizens.

Do I need an attorney to apply for a K-1 fiancé visa?

If you need an attorney to apply for a K-1 fiancé visa or are having difficulty processing it, call us. We will take care of your case and advise you with the best strategy to obtain the visa you require.

Can you get married without a K-1 visa?

For foreign nationals that are already physically present in the United States in a lawful immigration status, there is no need to obtain a K-1 visa. For example, a foreign student in the U.S. on an F-1 visa may marry in the United States. Likewise, a TN visa holder may get married without special permission.

Can you get married in the US without a visa?

Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.

Which is better K-1 visa or marriage visa?

Speed of Marriage If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. Obtaining a K-1 visa, typically the fastest way to the U.S., will take approximately 5-10 months. So visiting the fiancé in his or her home country will usually be faster.

Is it easier to bring a 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.

Can I marry in USA on visitor visa?

The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa.

Can I marry my fiance 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.

How much does a K-1 visa cost?

The government filing fees for getting a K-1 visa is $800 or $2,025 for the K-1 visa and the “Adjustment of Status” form required to transfer from a K-1 visa to a green card after arriving in the United States. This does not include the typical cost of the required medical examination, which varies by provider.

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.

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.

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.

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.

Can a U.S. citizen marry a non U.S. citizen?

A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can help their fiancé(e) obtain permanent residence in different ways. One way is to apply for a fiancé(e) visa if your fiancé(e) is overseas and you want to marry in the United States.

Can I stay in America if I marry an American?

A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will then have “permanent resident” status until they apply for U.S. citizenship, if they choose to do so.

What documents does a foreigner need to get married in the US?

You will need to file Form I-130 and then Form DS-160 (also called the Online Nonimmigrant Visa Application), followed by a medical exam and an interview at a U.S. embassy or consulate. Although this can sometimes be a long process,, this option does lead to a green card as soon as you arrive in the United States.

Can you legally marry a non-U.S. citizen?

Key Takeaways. Green card holders and U.S. citizens are at liberty to marry non-U.S. citizens. Their foreign spouses can get a marriage green card and live with them in the United States. The application process looks different depending on where you and your future spouse live and your respective immigration statuses.

What happens when a foreigner marries a U.S. citizen?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS).

How long does it take to marry a foreigner on a K1 visa?

The foreign fiancé who is applying for the K1 visa must also agree to marry within 90 days of entering the U.S. or risk deportation.

What is a K1 visa?

Also known as a fiancé visa, a K1 visa allows a foreign-citizen fiancé to travel to the U.S. to marry a U.S. citizen. Once in the U.S., the foreign-citizen can apply for an adjustment of status to become a permanent resident. While the process may seem simple, there are actually many challenges involved in obtaining a K1 visa.

What form do I need to file for a foreign spouse?

If the U.S. partner and foreign fiancé marry after the 90-day period, the U.S. sponsor may file Form I-130, Petition for Alien Relative. The marriage green card process is then initiated, allowing spouses of U.S. citizens and U.S. green card holders to become permanent residents.

How long does a foreign spouse stay in the US?

If all goes well, the foreign spouse will be approved for lawful conditional resident status. The foreign spouse remains a conditional resident for two years.

How long does a K1 stay in the US?

K1 nonimmigrant status automatically expires 90 days after entry into the U.S. This 90-day window cannot be extended and if the couple does not marry within 90 days, the foreign fiancé and his or her children must leave the U.S. Failure to depart is considered a violation of U.S. immigration law and may result in deportation.

What is the income requirement for a sponsor?

The U.S. sponsor must meet income requirements which means earning at least 100 percent of the federal poverty guidelines at the time of the application , and at least 125 percent of these guidelines when the foreign partner applies for a green card.

How long do you have to wait to get a green card?

Most people must wait a period of five years after receiving a green card to apply for U.S. citizenship. If the couple stops living together or the marriage breaks up, the foreign partner must count five years from the date of approval for residence to apply to naturalize.

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.

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.

What happens if a foreigner's marriage is not a 90 day marriage?

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. There are some basic eligibility requirements which the visa beneficiary must fulfill before the visa is granted, however.

What does a foreign spouse need to prove?

The foreign spouse must prove financial means of at least equal to 100% of the Federal Poverty Guidelines. If this is not possible, someone in the U.S. (usually the partner) needs to sign an affidavit of support claiming to be a financial sponsor of the foreign spouse.

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 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.

What is a K-1 visa?

In brief, the fiancé (e) or "K-1" visa is a nonimmigrant (temporary) visa, which will allow you to come to the U.S. for only a limited time. If you wish to stay in the U.S. permanently, you'll have to get married ...

Which is faster, a marriage visa or a green card?

If your main goal is to get to the U.S. as quickly as possible, then the 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 age can a child get married?

If you are undecided, a good rule of thumb may be that, if your child was over the age of 18 at the time you got engaged, a fiancé (e) visa will be the quickest option to help him or her come to the U.S. and adjust status. If your child was under the age of 18 and your spouse is a U.S. citizen, the fastest option overall may be to marry ...

How long does it take to get a fiancé visa?

citizen within 90 days of your arrival in the United States, you must be legally eligible to marry, you must intend to establish a bona fide marriage, and you must have met your intended spouse within the past two years .

How long does it take to get a work permit after getting married?

Once you arrive in the United States and have married (which you must do within 90 days), you'll need to begin the adjustment of status process. ( See Applying to Adjust Status After Entry on K-1 Visa: Forms and Procedures .) This can take up to 18 months or even longer. What's more, although you're supposed to be issued a work permit while you wait, those have been taking between three and nine months in mid-2020.

Is a marriage visa an immigrant visa?

By contrast, the marriage visa is an immigrant visa, and grants you permanent residency at the time you enter the United States.

Can you get a visa if you are a terrorist?

Additionally, certain criminal convictions or other factors, such as membership in a terrorist organization or certain diseases may make you inadmissible and prevent you from entering the U.S. on either visa.

What is the difference between a K-1 and a K-3 visa?

What is the difference between the K-1 visa and the K-3 visa? If you are the fiancé of a U.S. citizen, you can apply for the K-1 visa. If you are the spouse of a U.S. citizen, you can apply for the K-3 visa. Both visas are available only to partners of U.S. citizens, not green card holders.

How long does it take for a fiance to receive a visa?

Within about 30 days after the I-129F fiancé sponsorship form is approved, the sponsored fiancé will receive a notice from the U.S. embassy in their home country, including the date and location of their visa interview and a list of required documents.

How long does it take to get a visa interview?

embassy or consulate in the sponsored fiancé’s home country, usually about 4–6 weeks after the embassy’s initial notice . The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward.

What is the proof of citizenship for a fiancé?

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 does a form I-765 last?

This would grant you work authorization for one year.

Can a green card sponsor a K1 visa?

The sponsoring partner must be a U.S. citizen . U.S. green card holders (permanent residents) are not eligible to sponsor a fiancé for a K1 visa.

Do I need to file an I-765 for work authorization?

Yes, but you will need to apply for work authorization by filing Form I-765 (Application for Employment Authorization) before you can work. Like the K-1 visa, this employment authorization is only valid for 90 days, starting from the day you arrived in the U.S..

How long does it take to marry a foreign national on a K-2 visa?

According to immigration law, someone counts as a fiancé (e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S. K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status.

What is a K-3 visa?

K-3 visa – this visa is meant for the foreign-born spouses of U.S. citizens. If the citizen sponsor has filed an I-130 for a marriage-based green card, the alien spouse can use the K-3 visa to remain in the U.S. while awaiting the decision.

What is the K category?

The nonimmigrant visas that have to do with marriage are found in the K category. These visas serve as temporary placeholders as you wait for your green card. The four categories in the K classification include:

What is the first step to getting a green card?

The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).

What is required to annul a marriage?

This will require an annulment or divorce certificate or death certificate.

How to validate marriage to USCIS?

To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.

Can a K-3 spouse stay in the US?

K-4 visa – If your K-3 spouse has children coming with him or her, they can stay in the U.S. under K-4 status. The only caveat is that, if the child is the step-child of the U.S. citizen sponsor, then the marriage will have to have taken place before the child turned 18 in order for him or her to qualify for K-4 status.

Fiancé Visa (K-1 Visa)

The fiancé visa, formally known as a K-1 visa, is a method used for foreign citizens engaged to a U.S. citizen to enter the United States for the specific purpose of marrying that U.S. citizen. Once married, the foreign spouse must go through a process called “adjustment of status” if he or she wants to obtain a green card.

Marriage Visa (CR-1 or IR-1)

A marriage visa can mean different things to different people. We’ll explain it as a method for a foreign citizen married to a U.S. citizen or permanent resident to enter the United States with an immigrant visa to live permanently in the U.S. as a permanent resident (green card holder).

Fiancé Visa or Immigrant Visa: The Best Choice

To determine which path is best for you — fiancé visa or immigrant visa — depends on many factors and is a personal decision. Here are several issues to consider:

Fiancé Visa or Marriage Visa

These are just a few of the issues that a couple must evaluate when deciding on the fiancé visa or marriage visa. For many immigrant couples, speed is an important consideration, especially given the long wait times that are often involved with the immigration process. Before you begin, check the USCIS processing times for each petition.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays.

How long do you have to marry a foreigner on a K-1 visa?

So, let’s wrap up the discussion. Remember, after entry with a K-1 or K-2 visa, you must marry within 90 days. If you two decide not to marry, the foreign fiance can’t stay in the US and must depart before the entry expires.

What is the first step to get a visa to enter the US?

The first step is to enter the US with a K-1 or K-2 visa. This is a subtle, yet important, point because you may not be able to adjust status unless you enter with the correct visa.

How much does a marriage certificate cost?

In terms of cost, marriage certificates are usually cheap. In New York City, for example, you can get them for $35 at the Office of the City Clerk. However, that doesn’t mean your actual wedding celebration will be inexpensive, too.

Can I get an I-485 if I'm married?

As a rule of thumb, as soon as you marry, waste no time preparing the I-485 application (although there’s no official deadline for fiance visa applicants to be “out of status”).

Comparing Fiancé(e) and Spousal Visa Eligibility Requirements

• In order to qualify for a K-1 fiancé(e) visa, you must intend to marry a particular U.S. citizen within 90 days of your arrival in the United States, you must be legally eligible to marry, you must intend to establish a bona fide marriage, and you must have met your intended spouse within the past two years. A K-1 is available only if your fiancé(e...

See more on nolo.com

Application Process and Timeline For Fiancé(e) and Spousal Visa

Costs and Financial Considerations When Choosing Visa

Choosing A Visa When You Have Children

Wedding Considerations When Choosing A Visa