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how to file a fiance visa in usa

by Jordy Rath Published 3 years ago Updated 2 years ago
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The First Step: Filing the Petition

  • You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé (e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé (e) for information on where to file the petition. ...
  • After USCIS approves the petition, it is sent to the National Visa Center (NVC). ...

Full Answer

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

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What are the requirements to get a fiance visa?

The fiance visa UK requirements in 2022 are as follows:

  • The application must be submitted from outside the UK
  • There must be an intention for the applicant and sponsor to marry in the UK
  • There must be an intention to settle in the UK
  • The fiance visa UK financial requirement must be satisfied
  • The fiance visa UK relationship requirements must be satisfied

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Is fiance visa faster than Spouse Visa?

While the process is very similar, the benefit of a fiancé (e) visa is that they can join you in the country much faster than with a spouse visa. With that being said, however, the cost is significantly higher for a K-1 fiancé (e) visa. There are three major costs associated with a K-1 fiancé (e) visa.

How can I apply for a fiance visa?

citizen fiancé

  • An Affidavit of Support ( Form I-134 ). The Affidavit of Support is a binding legal document in which the U.S. ...
  • Recent tax returns. You are only required to provide the most recent return, but it is a good idea to provide returns for the past three years.
  • Proof of your relationship with your foreign fiancé. ...

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How much does fiancé visa cost USA?

Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.

How long does it take for a US fiancé visa to be approved?

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.

What are the requirements for fiancé visa in USA?

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:You are a U.S. citizen;You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa;More items...•

What is the fastest way to get a fiancé visa?

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.

Which is faster fiancé visa or spouse?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 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.

How long is 2022 fiancé visa?

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.

Do you have to be engaged to apply for a fiancé visa?

Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.

How much money do you have to make to sponsor a K-1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

How long does a US fiancé visa last?

6 monthsWith your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

What is the income requirement for K-1 visa 2022?

Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. On the other hand, when the fiancé becomes a permanent resident, you would have to earn at least $21,137 every year. These are the minimum requirements.

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 my fiancé visit while waiting for K-1 visa?

Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.

How long does it take to bring spouse to USA 2022?

Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.

Why is my fiancé visa taking so long?

Significant delays could occur if you or your fiancé(e) has a criminal history, questionable background checks, or a previous immigration violation. Another requirement is the need for a medical check. If your foreign fiancé has issues during his/her medical exam it will further delay your K1 visa issuance.

How long is fiancé visa valid for?

6 monthsWith your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

How long does a fiancé stay in the US?

Fiancé (e) status automatically expires after 90 days and cannot be extended. Your fiancé (e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé (e) does not depart, they will violate U.S. immigration law.

How long does it take to get married to your fiancé?

Filing for Your Fiancé (e) Generally, you may file this petition if you and your fiancé (e): Are legally free to marry and intend to marry within 90 days of your fiancé (e)’s admission to the United States; and. Have met each other in person within the two years immediately before you filed this petition, unless you establish that either: ...

Can I file an I-130 for my spouse?

You may also file this petition if you have filed or are filing Form I-130, Petition for Alien Relative on behalf of your spouse and want them to enter as a nonimmigrant to await the immediate availability of an immigrant visa and to file for adjustment of status.

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.

What Is a “Fiancé (e)”?

Under U.S. immigration law, a foreign-citizen fiancé (e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé (e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé (e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

How long do you have to meet a foreign citizen?

In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.

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 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.

Where to file I-129F?

Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.

What are some examples of ineligibilities for a visa?

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

How to apply for a K-1 Fiancé Visa

If you and your fiancé are eligible for a K-1 fiancé visa, you can apply by following this four-step K-1 visa process.

K-1 Fiancé Visa FAQs

No. But it will be much harder to prove that your relationship is legitimate if you are not engaged before you apply.

Conclusion

Filing for a K-1 fiancé visa can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees for your K-1 visa application, we may be able to help. If you are eligible, our free web app will walk you through the process and help you prepare and file your application with the U.S.

How to apply for a fiancé visa?

To be eligible for a Fiance Visa USA you must meet the following requirements: 1 Your fiancé (e) is a US citizen. 2 You and your fiancé (e) intend to marry one another within 90 days of your admission to the United States. 3 You and your fiancé (e) are both legally free to marry, ie; any previous marriages have been terminated by divorce, death or annulment. 4 You and your fiancé (e) have met each other in person at least once within the two year period immediately prior to any petition being filed on your behalf, unless meeting in person would either result in extreme hardship or would violate strict customs of your foreign culture.

How much does it cost to get a fiance visa?

The fee for filing the petition using Form I-129F is $535. The fee for filing your online application form for a Fiance Visa USA is $265.

How long can a US citizen get married on a K-1 visa?

A Fiancé Visa USA, known officially as the K-1 visa, is a nonimmigrant visa that allows the fiancé (e) of a US citizen to enter the United States for up to 90 days for the purpose of getting married. Thereafter, the spouse of the US citizen is then able to apply to adjust his/her status to that of a lawful permanent resident of the United States.

How long is a fiance visa valid?

If your application for a Fiancé Visa USA is successful, this will remain valid for a period of up to six months for a single entry to the United States.

How long does it take for a fiancé to marry?

You and your fiancé (e) intend to marry one another within 90 days of your admission to the United States. You and your fiancé (e) are both legally free to marry, ie; any previous marriages have been terminated by divorce, death or annulment.

What questions will a consular officer ask you?

The interviewing consular officer will ask you various questions relating to the nature of your relationship, including how you met and how the relationship has subsequently progressed. You will also be asked what your intentions are when you travel to the United States, in particular, whether you intend to live a life together with your new spouse.

How long does it take to get a divorce notice from my fiancé?

Thereafter, it could take several weeks if not months to process.

How to pay USCIS lockbox fee?

When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

Where to file I-129F?

File Form I-129F at the USCIS Dallas Lockbox facility.

What is the evidence of citizenship?

citizenship: A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service;

What is a copy of a passport?

passport; or. An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; Evidence you or your fiancé legally terminated any previous marriages (if applicable): Divorce decre e; Annulment order ; or. Death certificate for prior spouse;

Can I submit a checklist with I-129F?

Please do not submit this checklist with your Form I-129F. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

How long does it take to get a green card after being admitted to the US?

After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...

How long can I stay in the US if I am married?

citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.

How to apply for a waiver of inadmissibility?

You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

How long does it take to get a green card if you are a K-1?

citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.

How long does it take to get an I-485?

You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;

How to apply for employment authorization for a pending I-485?

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.

When you marry a K-1 nonimmigrant, do you become an immediate relative?

When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.

Where to send an inquiry for an overseas visa?

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to [email protected] or by writing to the National Visa Center , ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

What happens if I file a denial letter for a visa?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the How Do I Guides.

How long do you have to be married to get a permanent resident card?

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

Can I file an I-824 with an I-485?

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

Can I file for a K-3 visa with my spouse?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé (e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.

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