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how to file k1 visa

by Keira Wolf Published 3 years ago Updated 2 years ago
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Steps to Apply for a K1 Visa

  1. File Form I-129F at your U.S. Citizenship and Immigration Services (USCIS) office. ...
  2. Pay the I-129F fee. ...
  3. Receive a Notice of Action. ...
  4. Schedule a physical examination. ...
  5. Schedule an interview at the U.S. Consulate. ...
  6. Pay the K1 visa fee. ...
  7. Enter the United States and get married. ...
  8. File for AOS to apply for employment authorization and conditional permanent residence. ...

Full Answer

How to apply for 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. ...

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What happens after K1 visa approved?

After You Receive a K-1 Fiancé(e) Visa. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.

What is the difference between the K-1 and K-2 visa?

The K-1 visa is also known as the fiancé visa and is awarded to those who are entering the U.S. to legally marry a U.S. citizen. The K-2 visa is for children of the K-1 visa holders who wish to accompany their parent to the United States. The K-1 visa holder must legally marry a U.S. citizen within 90 days of their arrival in the U.S.

Are K1 visas being processed?

They are processing K1 Fiance Visas! Its not back to normal yet, but cases are being processed and happy couples are getting their visas. As best as I can tell at this time, the Embassy is prioritizing interviews based on the following criteria: K1/K2 cases where the K2 child will age out (turn 21 years of age) before December 31, 2021.

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Can I file a K-1 Visa online?

All K visa applicants are required to complete the online paperless DS-160 (Nonimmigrant Visa Electronic Application). K visa petitioners will continue to use the I-129F (PDF 484KB) petition form.

How much does it cost to file a K1 visa?

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.

What documents are needed for a fiancé visa?

The documents you'll need for your fiancé(e) visa applicationProof of citizenship for the U.S. citizen fiancé(e)Copy of sponsored fiancé(e)'s passport.Evidence of terminated marriages, where needed.Proof of meeting within 2 years of applying.Evidence of legal name change, where applicable.More items...

How do I start a K1 visa?

How to apply for a K-1 Fiancé VisaStep 1: File Form I-129F. ... Step 2: File Form DS-160. ... Step 3: Attend your visa interview and pay the visa fee. ... Step 4: Come to the United States and get married!

How long does it take for a K-1 visa to be approved?

The processing time for a K-1 visa application currently averages 7 months. This does not include the time from when the government approves your application to your interview date, which differs based on the country you're applying from.

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 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 ...

Is K-1 visa easy to get?

K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.

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.

Which is faster spouse or fiancé visa?

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.

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 much does a lawyer charge for K-1 visa?

The following average attorney fees apply to fiancé or spouse visas: K1 visa (filed for the fiancé of a U.S. citizen) – $750 to $2000. CR-1 petition (filed for the spouse of a U.S. citizen or lawful permanent resident) – $795.

How much does it cost 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 much does a 90 day fiancé visa cost?

All About the K-1 Visa | Fiance Visa | 90 Day Visa It costs $535. The medical examination, which costs around $200, but the price may change depending on the medical service center. The actual K-1 visa application. It costs $265.

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 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.

Who determines if a fiancé qualifies for a K-1 visa?

The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.

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.

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.

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 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.

What is the form for a K1 visa?

The Form I-129F is the initial form that is filed by the U.S. citizen petitioner. This form is filed with USCIS is called the “Petition for Alien Fiancé (e).” Along with this form, it is important to include several documents proving that you satisfy the K1 visa requirements (that the petitioner is a U.S. citizen, that the parties intend to get married within 90 days of the K1 visa beneficiary’s entry to the U.S., that the parties have met in person within the last 2 years, and that both parties are free to marry). You can learn more about the Form I-129f here.

What is the I-765?

The Form I-765 is the Application for Employment Authorization. As a K1 visa beneficiary, you are eligible to apply for work authorization upon your arrival to the United States. You are also eligible to apply for work authorization after marrying your U.S. citizen fiancé and applying for your adjustment of status. To apply for work authorization, you file the form I-765 with USCIS. You can learn more about the Form I-765 here.

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 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.

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