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how to get a k1 fiance visa

by Kendall Flatley Published 3 years ago Updated 2 years ago
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How to apply for a K-1 Fiancé Visa

  • Step 1: File Form I-129F. The first step in the application process is for the U.S. citizen fiancé to prepare and file...
  • Step 2: File Form DS-160. Once USCIS approves your Form I-129F petition, USCIS will transfer your case to the U.S.
  • Step 3: Attend your visa interview and pay the visa fee. Your visa interview will take place at the U.

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

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 long does the k 1 fiance visa process take?

The K-1 visa processing time typically takes approximately 6-10 months from the date the visa application is filed to the arrival of the alien fiancé (e) to the US. However, if USCIS is suspicious about the marriage or requires more evidence, the process may take longer.

How long does K1 visa take to get approval?

The K-1 processing time can take more than a year from beginning to end. That’s because the approval time for the I-129F by itself takes roughly five to 9 to 12 months. Premium processing is not available for the K-1 visa petition. Did you receive the K-1 visa?

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.

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How hard is it to get a K1 fiancé visa?

So Is it Difficult to Apply for a K1 visa? The approval of the K1 visa may vary from case to case according to circumstances, and in most cases can be denied or delayed simply because of the applicant's fault for not being able to provide the correct information or follow instructions.

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 do I qualify for a K-1 visa?

To apply for a K-1 visa, the foreign partner must live outside of the United States, be legally free and able to marry, have met the U.S. citizen partner in person within the last two years, and not have been convicted of serious crimes.

How much money do you need to make for 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 ...

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.

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.

Do you have to be engaged to apply for a fiancé 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 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.

How much does fiancé visa cost?

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 K-1 visa interview?

You can expect to be at the Embassy for approximately 1.5 hours. Make sure you have completed Step 2. You will be required to bring your appointment letter and courier confirmation page to the visa interview.

Do you need proof of income for K-1 visa?

You will be required to provide your U.S. federal income tax return and your proof of current employment. The tax return must be for the most recent tax year. If you can't provide tax return for the required period, you will need to provide an explanation.

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...

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.

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 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 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 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.

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.

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.

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.

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 a K-1 visa?

The fiancé visa, or K-1 visa, is a nonimmigrant (temporary) visa issued to the fiancé of a U.S. citizen in order to enter the U.S. for the purpose of getting married. By Ilona Bray, J.D.

What are the exceptions to the USCIS meeting requirement?

Certain exceptions to the meeting requirement may be made for cases of religious tradition or extreme hardship to the U.S. citizen, but you'll need to prove to USCIS that you truly merit this exception.

Where does the USCIS send the petition to?

USCIS will then forward the petition to the National Visa Center for handling, after which the file will be transferred to the U.S. embassy or consulate having jurisdiction over the fiancé's place of residence.

What is the form for alien F iancé?

This is done by mail, using USCIS Form I-129F, Petition for Alien F iancé.

How long does it take to get a green card after marriage?

(Or, the non-citizen can simply leave after 90 days.) The adjustment of status process does not require leaving the United States for the required green card interview.

Can a CBP officer deny entry?

Admission at this point is not guaranteed. If the officer of Customs and Border Protection (CBP) finds evidence that the person is not, in fact, eligible for the visa, or is otherwise inadmissible, the officer can deny entry.

Can you travel to a foreign country if you have never met?

If you have never met each other, or have been apart for all of the last two years, you will need to take care of this first. In most cases, it's simplest to have the U.S. citizen travel to the foreign-born person's home country for a visit.

Where to schedule a visa interview?

You will have to schedule a visa interview at the embassy or consulate serving the area where you live. No one else will do this for you. It’s best to wait until you know you have all the required documents and have a medical exam scheduled.

Where to fill out DS-160?

First you (the foreign fiancé) must fill out the visa application form, called “DS-160,” online at ceac.state.gov. The form is in English and there is no other version in any other language.

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.

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 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.

Can I get a fiancé visa if I'm already married?

This process can take several months for an i-130 approval and an additional year for an approved immigrant visa. Notice that these processes are in fact very different so you cannot apply for a fiancé (e) visa if you are already married. An immigration attorney can better explain your options if you’re in this situation.

What is the K-1 fiancé visa?

The K-1 visa allows the foreign-born fiancé of a U.S. citizen to travel to the United States to marry their partner within 90 days of arrival. The foreign spouse can then apply for a marriage green card.

How much does a K1 visa cost?

The United States citizen sponsor files the K1 visa petition with USCIS by mailing the completed I-129F petition package along with a check to the Department of Homeland Security for $510.

What does the K stand for in immigration?

The "K" doesn't actually stand for anything (not a word or phrase). K non immigrant visa applicants are a class defined by sub-paragraph (K) of section 101 (a) (15) of the Immigration and Nationality Act. The "K" simply refers to the sub-paragraph of this section of the act. Most K visas are K-1's.

How long does it take to receive a notice of action from USCIS?

Two to three weeks after mailing your petition, you will receive a notice of action (NOA1) in the mail indicating USCIS has received your petition. You do nothing at this step.

What happens if a foreign partner doesn't have a passport?

Passport - If the foreign partner doesn't already have a passport, he or she will need to acquire one.

How long does it take to get an I-129F?

The current processing time for Form I-129F (“Petition for Alien Fiancé”) is 8-10 months, plus 4-6 weeks to receive an interview notice.

Which type of petition gets approved faster?

Petitions that are easy to move through and approve tend to get approved faster.

How long does it take to get a fiance visa?

First, you can apply on your own with the Social Security Administration (SSA) within the first 90 days after arrival. This is the recommended time because it allows you to quickly get a SSN and “start your life” — get ...

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

When the USCIS processes your I-765, they’ll relay the request to the SSA. Normally they take 1-5 months to process and mail your new card. Remember that although the SSN and work permit are handled by different agencies, you cannot legally work in the US until you get work authorization.

How to get a SSN for the first time?

Step 1 – As a fresh immigrant getting your SSN for the first time, you must apply in person at a local SSA office. You can’t apply online. So find a local office that’s closest and most-convenient. . Step 2 – complete and bring all required documents to the SSA office. For K visa immigrants, you’re required to bring…. .

How long does it take to get SS card?

First, wait a few days, at a minimum, after entering with a K visa before applying for a SS Card. The US Customs/Border Protection and USCIS take up to 1 week to sync your data to their systems before the SSA can request verification. If you apply too soon, the SSA may have trouble accessing your details, causing unnecessary delays.

What happens if you don't use option 1 or 2?

If you don’t use option 1 or 2, then you must wait until you get an EAD or Green card, whichever comes first, before applying for a SSN.

How long does it take to get a new social security card?

Appointments are usually not required. Once approved, you receive a new card in the mail in 2-4 weeks (on average). You can begin using the number immediately for any legal purpose. . In summary: it’s best to get a Social Security Number in the first 90 days of entering with a K-1 or K-2 visa.

Can I file an I-485 after marriage?

When applying for Adjustment of Status, I-485, after marriage, you’re eligible to request work authorization by filing form I-765 concurrently . This form I-765 gives you the option of applying for a new SSN while you wait for your EAD card to process.

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