How the Fiance K-1 Visa works: Everything a beginner needs to know
- Submit paperwork
- Do a lot of waiting
- Go to a face-to-face interview . ...
- Some social, cultural, or political reason (example: LGBT couples where same-sex marriage is outlawed) . ...
- You’re both free and legally allowed to marry (single, divorced, widowed, annulled, over the age of 18, etc.) . ...
- Dozens of other requirements… . ...
- Preparation . ...
Full Answer
How to apply for a fiance visa for the United States?
The applicant for the fiancé visa for the United States must attach these documents to their application: Affidavit of support or sponsorship of K1 visa, through Form I-134 . All recent tax returns. Evidence of relationship (copy of package with Form I-129F that was approved by USCIS).
What is the process for a K-1 fiance visa?
The process of the K-1 fiancé visa involves a timeline conditioned by the initial petition. This process begins with the petition filed by the American boyfriend / girlfriend. After the local US consulate / embassy receives the K1 visa application, the time to process it may vary.
How long does it take to get married on fiance visa?
There is a 90 day Rule Concerning Marriage. Within 90 days of your fiancé entering the United States you will need to get married. Your fiancée will only be able to marry you. She or he will not be able to marry someone else on the fiancé visa if someone else comes along.
Can a green card holder file for a fiance visa?
You are required to be a United States Citizen. You, as the one filing the petition with USCIS , must be a US Citizen. A person who is only a lawful permanent resident (green card holder) only cannot successfully file a Fiancé Visa Petition.
What is the fiance visa?
The fiance visa is also known as the K-1 nonimmigrant visa and is one of the family visas that potential immigrants can obtain. It allows you, as an American citizen, to bring your foreign fiance into the country so that you can get married. The purpose of the visa is specifically to get married within 90 days of your fiance entering the country.
What is the eligibility for the fiance visa?
You must meet eligibility criteria in order to bring a foreign fiance into the country. Those criteria include the following:
The Fiancé Visa Process
The petition for a K-1 fiancé visa is initiated by the U.S. citizen. The process begins with the filing of Form I-129F. The petitioner must establish that:
After the K-1 Visa is Issued
Once the fiancé visa is issued, the would-be bride or groom is free to travel to the United States for the purpose of marrying. However, the marriage must take place within 90 days of admission.
Seek Assistance with the K-1 Fiancé Visa Process
Small oversights and technical errors may result in significant delays in the visa process. When you’re planning a marriage, the last thing you want is to see your future spouse’s arrival delayed by months—or more—due to avoidable errors.
How Does a Fiance Visa Work?
If your fiance is granted a K-1 visa, you must get married within 90 days of their entry to the United States .
How Much Does a Fiance Visa Cost?
In total, you can expect a fiance visa application to cost about $2,025. However, additional fees may apply. Between filing fees, the medical exam, and legal counsel, the entire process of applying for a fiance visa can cost up to $5,000.
Who Is Eligible for a Fiance Visa?
A K-1 visa will allow you to bring your foreign spouse to the United States. However, you must meet eligibility requirements. You may apply for a fiance visa if:
What if a Foreign Fiance Has Children?
Unmarried children under age 21 may accompany a parent traveling to the United States on a fiance visa. The only requirement is that they be legally recognized as the petitioner’s children. Children of an alien fiance may enter the U.S. on a K-2 visa. Children eligible for a K-2 visa include:
What is a K-1 visa?
A K-1 visa, also called a fiance visa, is issued to a fiance of a United States citizen. It grants an immigrant lawful entry into the country to marry the U.S. citizen petitioner. Eligibility requirements, fees, and time limits apply, and you’ll need to know them before filing the K-1.
How long does it take to get a fiance visa?
From start to finish, it can take about a year to get a fiance visa. Processing times may vary. Errors, conflicting information, or missing documents resulting in a request for evidence may delay your application process.
How do I get a green card after getting married?
After getting married, you may apply for a green card by filing Form I-485, Adjustment of Status. This requests permanent residency so your spouse may live and work in the United States indefinitely.
How to obtain the fiancé visa?
The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:
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 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 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.
Can I get same sex visa as opposite sex spouse?
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. 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. ...
Can a spouse get a K-3 visa?
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.
How long does it take to get a fiance visa?
How does the fiance visa work? Undergoing the fiance visa process will allow you to come to the United States within 6 months of the visa approval. Once you enter the US, you will have 90 days to marry your fiance. Once you are married, you can apply for lawful permanent residence and thus obtain the right to live and work in the United States. Your fiance visa application on its own does not entitle you to a green card. However, foreign nationals married to US citizens can, through their marriage, eventually become full US citizens.
How long to get a fiance visa to the USA?
With COVID-19 restrictions, this processing time has been extended, and it may take upwards of 20 months for an approval of your fiance visa.
How to get a fiance visa subsidiary K-2 visa?
Their names must be included in Form I-129F, Petition for Alien Fiance. They must remain unmarried and under 21 in order to receive a nonimmigrant K-2 visa. K-2 visa holders cannot enter the United States before the K-1 fiance visa holder.
Can you work on a fiance visa?
Theoretically, as the fiance of a US citizen, you have the right to work during the 90 days before you and your partner get married. However, in order for you to work, you have to file Form I-765, Application for Employment Authorization. It will routinely take USCIS upwards of two months to process the application, meaning that by the time you receive your Employment Authorization Document (EAD), you may no longer be eligible to work because your nonimmigrant K-1 status will have expired.
What is the next step in the K-1 visa process?
The medical exam, the next step in the K-1 fiance visa process, will determine whether the foreign national is inadmissible to the United States on health-related grounds , such as drug addiction or communicable diseases that are a threat to public safety. The exam will be conducted by an approved medical practitioner.
Can a green card holder file for a fiance visa?
If your partner is a lawful permanent resident, you can get married and then apply for a marriage-based immigrant visa, but you cannot apply for a fiance visa.
How long does it take to get a fiance visa?
You should receive the actual fiance visa within one week of the interview. However, sometimes this wait can be longer. 10. Once you come to the United States you will have 90 days to get married to the U.S. Citizen.
How long can a fiancé stay on a visa?
Your fiancé has violated the terms of his or her U.S. visa in the past. Overstaying a visa by more than 180 days for example can cause your fiancé to not be able to obtain a fiancé visa for 3 years.
Why is my fiance's visa denied?
Bonus tip: another reason fiance visa cases are denied is due to non-compliance with the International Marriage Broker Regulation Act (IMBRA). This act was enacted in 2005 but was really not enforced by USCIS until fairly recently. You must comply with this act or your case will be denied.
What is the income requirement for a fiancé?
( At the fiancé visa stage your income will need to be at least 100% of the federal poverty line.
