Full Answer
How long before filing fiance visa?
Before filing for a fiancé visa, a couple must typically have seen each other in person within the previous two years. The foreign partner applying for the fiancé visa must marry their U.S. citizen partner within 90 days of entry, or depart the United States.
What are the requirements for a fiance visa?
To be eligible for a fiancé visa, the law requires that you:
- intend to marry a U.S. citizen,
- have met your intended spouse in person within the last two years (though this can be waived based on cultural customs or extreme hardship), and
- are legally able to marry.
What documents are needed for a fiance visa?
- DS-160 confirmation page
- Birth certificate
- Police certificates for current country of residence and any country where sponsored fiancé (e) lived for more than 6 months
- Evidence of financial support (the Affidavit of Support may be required)
- Proof of relationship with U.S. ...
- Fee payment
How can someone get a fiancee a visa?
You and your fiancé (e) must:
- be at least 18 years old, and not be closely related
- be free to marry one another
- genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
- have physically met, and be personally known to each other
- genuinely intend to live together as a married couple
How long does it take to get a K1 visa?
In other cases, couples have waited for a year or two to secure a K-1 visa. In many cases, the process takes between six months and a year, although this is only a rough estimate. It is important to keep in mind that the non-US partner cannot live or work in the US until the K 1 Visa Fiancée Visa is in hand. In fact, the couple cannot get married in the US until the K1 visa has been secured.
How to get a K1 visa for a married couple?
In order to secure a K1 Visa as quickly as possible, gather up your documentation and submit USCIS form I-129F as soon as you decide to get married. Check and double-check the application form for errors and omissions, as these can delay in the process. If there is anything in either partner’s background that could make obtaining a K-1 Visa difficult, consult with an immigration attorney before submitting the application, to get advice about how to reduce any delays. Within two to three weeks after filing, the US applicant will generally get a first Notice of Action (NOA), indicating that the K-1 application has been opened. Some time after this, the applicant will get a second notice, indicating that the K 1 Visa Fiancée Visa application has been approved.
Can a non-US couple get married in the US?
When a couple decide to get married and one partner is a US citizen while another partner is a foreign national, the couple can get married in the US and can secure a green card for the non-US partner by filing for a Fiancée Visa or K-1 visa. Many couples in this situation wish to be married quite quickly, but the processing times for a Fiancée Visa can vary widely.
How long is a fiancé's work authorization valid?
In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.
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 is the form for alien fiancé?
You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).
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.
What happens if you marry your fiancé after 90 days?
This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.
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, ...
How long does it take to get a visa approved?
Over 99% of all visa petitions manually reviewed by our experts get approval (Generally after 3 to 5 months).
How long does it take to get a divorce from an alien fiance?
If you do everything right, have no criminal record, and the alien fiance isn't from a high fraud area, it shouldn't take a year. In reality, lawyers probably quote a year to cover themselves. We do want you to know it is possible, but very rare - at least in our experience.
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.
What is a fiancé visa?
Fiancé (e) visas are issued to the fiancé (e) of a citizen in order for them to enter into the country and subsequently get married. In order to establish this classification, the U.S. citizen in the relationship must file an I-129 Petition for Relative or Fiancé (e) with USCIS.
How long does it take to get married on a K-1 visa?
Has the K-1 visa been issued? At this point, the foreign fiancé (e) is able to enter the U.S. and has 90 days from the point of arrival to get married to the U.S. sponsor. From there the foreign-born spouse can prepare for an adjustment of status to permanently work and live in the country.
How long does it take for USCIS to process a petition?
Within two to three weeks of submitting the form, the USCIS will send the petitioner (U.S. citizen) notice of receipt to confirm that it has received the petition. The USCIS will review the form and may also notify the petitioner if they need additional information and documentation to process the petition.
Where to forward I-129F?
The NVC will continue the process by forwarding the approved I-129F to the U.S. consulate or embassy in the country where the foreign fiancé (e) resides so he or she can apply for a K-1 nonimmigrant visa there. The foreign fiancé (e) will need to submit the DS-160 form and pay the consular processing fees.
What is the I-129F form?
The form must be submitted along with all required supporting documents. I-129F form is used to establish the relationship between the U.S. citizen and the foreign fiancé ( e).
How long does it take to get an I-129F?
Both the receipt of notice and adjudication of the I-129F form takes around 5-7 months. However, it could be longer, especially if the petition is not filed correctly or there are certain missing items. It is best to pay attention to details when filing the form so you can avoid unnecessary delays.
How old do you have to be to marry?
The two of you must be legally eligible to marry in the United States. This means you both are at the legal age to marry, which is at least 18 years old. Also, there must be proof that neither of you is currently in a valid marriage to another person.
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.
Timing of The K-1 Fiancé Visa Application Process
- Getting a K-1 visa is a multi-step process. The U.S. citizen must start off the process by filing United States Citizenship and Immigration Services (USCIS) Form I-129F, Petition for Alien Fiancé, available for free download from the USCIS website. Take a look at these tipson completing the …
Timing of U.S. Entry and Marriage to U.S. Citizen
- Once the K-1 visa has been issued by the consulate, the foreign fiancé can enter the United States and marry the U.S. citizen who filed the I-129F petition. The visa will be valid for U.S. entry for six months from the date it was issued. Once the fiancé enters the United States, the marriage must take place within 90 days from the date of entry. But if you plan to apply for a green card, it's wor…
Can A Lawyer Help?
- Engagement to a U.S. citizen does not necessarily mean that the foreign fiancé is entitled to a K-1 visa. An experienced U.S. immigration attorney can guide you through the entire process make sure it goes smoothly and quickly (or, as quickly as possible given the bureaucracy you're dealing with).