Visa-Faq.com

how does k1 visa work

by Dr. Halie Purdy Published 2 years ago Updated 1 year ago
image

The K-1 Visa Process

  1. Filing Form I-129F To begin the K-1 visa process, the U.S. Citizen Fiancee must file a Form I-129F, Petition for...
  2. Processing At The National Visa Center After the Form I-129F and its supporting documents are filed with the USCIS,...
  3. The K-1 Visa Interview At The U.S. Consulate

What Is a K-1 visa? A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen
U.S. citizen
Section 1 of the Fourteenth Amendment provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The language has been codified in the Immigration and Nationality Act of 1952, section 301(a).
https://en.wikipedia.org › wiki › United_States_nationality_law
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.

Full Answer

What are the steps of obtaining a K1 visa?

Ultimate guide: K1 visa process step by step

  1. Filing I-129F petition to USCIS. The process of bringing your foreign fiance to the US starts with filing I-129F, Petition for Alien Fiancé (e) with the United States ...
  2. Receiving NOA1. After sending I-129F Form, you will receive a notice of action (NOA1). ...
  3. Receiving NOA2. ...
  4. NVC Processing. ...
  5. Embassy stage. ...
  6. Gather Embassy Documents. ...
  7. Prepare for the interview. ...

More items...

How many times can you apply for a K1 visa?

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 much does a K-1 visa cost?

How much does it cost to apply for a K-1 visa? The K-1 visa - also known as a fiancé visa - allows an 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 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.

How many K1 visas can I apply for?

There is no defined rule with USCIS about how many times you can apply for a K-1 Visa, however you may need to explain why you are applying multiple times fo...

image

How long do you have to stay married after a K-1 visa?

90 daysK1 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.

How long can you stay in the US on a K-1 visa?

6 monthsThe DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry.

How long does the K-1 visa process take?

After filing Form I-129F, Petition for Alien Fiancé, it may take approximately 8 to 11 months to obtain a K-1 visa. It may be shorter for some and longer for others. As explained, the K-1 processing time can vary based on the agencies that adjudicate the many steps.

How long after getting K-1 visa can I work?

Once you submit your adjustment of status application, you will still probably wait anywhere from 60 to 90 days for your work permit. Check the USCIS Processing Time Information page of the agency's website to find out how long other I-765 applications are taking at the time that you file yours.

How often do fiancé 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.

How expensive is K-1 visa?

K-1 Visa Cost The total cost for a K-1 visa is roughly $1000. Here is a breakdown of K-1 visa costs: The government's required fee for Form I-129F is $535. An applicant may pay with a money order, cashier's check, or personal check.

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.

Why would a K-1 visa be denied?

The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent. The U.S. citizen does not meet the necessary income requirements.

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 long does fiancé 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 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.

What questions do they ask in a K-1 visa interview?

Some sample questions include:What is your fiancé's name?When is your fiancé's birthday?Where was your fiancé born?How old is your fiancé?What is your fiance's phone number/email address?Does your fiancé have some favorite hobbies or interests?Did your fiancé go to college? ... How did you and your fiancé meet?More items...•

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.

What are some examples of ineligibilities for a visa?

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

What is an I-134 form?

Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)

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.

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.

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.

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.

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 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.

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.

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 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 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:

What is a K-1 visa?

The K-1 visa is one of the most requested types of American non-immigrant visas.

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 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 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 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 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.

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.

What is the purpose of the I-129F?

citizen fiancé to file Form I-129F with USCIS. The primary purpose of this form is to prove the validity of the relationship.

How long does a form I-765 last?

This would grant you work authorization for one year.

How long does it take to get a sworn statement from a sponsor?

Sworn statements, written by and signed by each partner, with a brief description of the nature of the relationship and an intent to marry within 90 days of the sponsored fiancé’s arrival in the United States. It’s generally best to provide the original signed statements, and keep copies for your records.

When will the interviewing officer make a decision?

The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward. If they need additional evidence, they will request that it be submitted directly to the U.S. consulate.

How to get a K1 visa?

To get a K1 visa, your U.S. citizen fiancé must file a Form I-129f on your behalf in addition to other steps discussed below. Your U.S. citizen fiancé is the petitioner (person filing the petition) and you (the person getting the K1 visa) are the beneficiary (person benefiting from the petition).

What is the first step in the K1 visa process?

The first step in the K1 visa process is to make sure you satisfy the K1 visa requirements. Two requirements that you should pay particular attention to are the listed below:

How long does a K1 visa last?

on a K1 visa by filing a Form I-765 (Application for Employment Authorization). If you apply for work authorization before getting married to your U.S. citizen fiancé, then the work authorization will expire 90 days after your admission to the U.S.

How long does it take to marry a K1 beneficiary?

A signed statement from the K1 visa beneficiary and the U.S. citizen petitioner expressing each person’s intent to marry the other within 90 days of the K1 visa beneficiary’s entry to the U.S.

What happens after you get your K1 visa?

At the Port of Entry (POE) you will likely be questioned by Customs and Border Protection regarding the purpose of your entry to the United States.

Where to interview for K1 visa?

The next step is for the K1 visa beneficiary to attend a K1 visa interview at a U.S. consulate or embassy in their home country.

Can you meet on a K1 visa?

One exception to the physical meeting requirement is if meeting each other in person would violate strict and long-standing customs of the K1 visa beneficiary’s culture or social practice. If you plan to rely on this exception, you should present evidence supporting the existence of these customs (such as letters from religious officials). You should also provide evidence from family members and friends attesting to the fact that you are complying with these customs.

How long does it take to get an I-765?

As of 2019, USCIS's typical processing time for an I-765 varied widely, from two to eight or more months.

What Is a Work Permit?

A work permit, also called an employment authorization document or EAD, is a small plastic photo identity card that shows that USCIS has approved you to work in the United States. You will need to show it to your employer when you report to work for the first time. You can also use it to obtain a U.S. Social Security number ( SSN ), which employers require in order to pay your employment-related taxes.

When can I travel outside the US or work after marrying with a K-1 visa?

You’re familiar with the way I break things down: First I’ll tell you my golden rule. Then I’ll explain it clearly and what you should do.

How long does it take to get a work permit after filing an I-485?

But it also means you have to wait until your biometrics appointment before you can get a work permit / travel approval. And this typically comes 4-6 months after you file the I-485.

How long can you work outside the US with an EAD card?

Even if you got that (unrecommended) EAD card during your first 90 days. Because it expires in the 90 day limit. That’s why I repeat my golden rule: you can’t work or travel (outside the US) until you get the EAD/AP card.

What is an EAD card?

The Employment Authorization Document and Advance parole (EAD/AP card) allows you to work and travel outside the US temporarily until your Green Card (I-551) is approved and mailed to you.

How long after filing I-485 can I work?

Meaning IF you want, you can apply to work or travel outside the US. Otherwise, until you get a Green Card (roughly 12+ months after filing the I-485) you can’t work or travel.

What does it mean when your spouse gets an I-485?

Technically, as soon as you get the receipt I-797 from the USCIS that your I-485 is submitted, it means your spouse has legal K-1 status while waiting for a decision (i.e. “pending adjustment”).

Can I work outside the US after filing I-485?

Meaning IF you want, you can apply to work or travel outside the US. Otherwise, until you get a Green Card (roughly 12+ months after filing the I-485) you can’t work or travel. Below, I’ve made a quick diagram to explain this. It’s broken into: .

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9