Steps to Obtaining a Fiancé (e) Visa
- File a form I-129F, Petition for Alien Fiancé (e). This identifies the relationship between you and your fiancé (e).
- Once Form I-129F is approved, file for a K-1 nonimmigrant visa with the U.S. Embassy or consulate where you live. The...
- The U.S. Embassy or consulate will contact you to schedule an interview. During this interview,...
Full Answer
How long does it take to receive a fiance visa?
How long does it take to get fiance visa approved us? The exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.
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
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.
Can you apply for fiancee visa while still married?
You cannot apply for the K-1 fiancée visa if your fiance is still married. The only exception would be if your previous marriage ended in annulment or divorce because then you could marry your fiance again and file a new I-129 with the former spouse deleted.
How long does it take to get a fiancé visa?
7 monthsThe processing time for a K-1 fiancé visa application currently averages 7 months. Note this does not include the time from when your application is approved to your interview date, which differs based on the country you're applying from.
How do you qualify for a fiancé 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 to get a fiancé 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 ...
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.
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 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.
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.
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.
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.
Is a fiancé visa faster 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 much does a K-1 visa cost?
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.
How much is K-1 visa fee?
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 is the minimum 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.
What is the minimum income to sponsor an immigrant 2021?
For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of at least $33,125 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).
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.
How much income do I need to bring my spouse?
The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.
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.
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.
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. ...
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 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 Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
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.
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 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.
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 do you have to take a passport photo before you can petition?
a passport-style color photo of each of you, taken within the 30 days before submitting the petition.
What proof is needed for citizenship?
documentary proof of U.S. citizenship (such as a copy of a birth certificate or passport)
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.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
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.
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 is a K-1 visa attorney?
Your K-1 visa attorney will be able to help bring your fiancé (e) to the United States as you navigate the United States Citizenship and Immigration Services (USCIS), U.S. Department of State (DOS), and the U.S. Customs and Border Protection (CBP). There are five steps involved in the K-1 visa process.
How to apply for a K1 visa?
Once officially married, your k1 visa attorney can help you apply for a Green Card using Form I-485, Application to Register Permanent Residence or Adjust Status. The price of Form I-485 varies depending on age relationship with a parent. You will also need to present evidence such as: 1 Two passport-style photographs 2 A copy of your birth certificate 3 Documentation of your immigrant category
How Long Will K-1 Visa Process Take From Start to Finish?
This entire process from date of filing of the petition till the transfer of the file to the U.S. consulate normally tends to take up to a year; and sometimes more. USCIS approval of the I-129F alone was taking anywhere from five to 23 months in late 2020, depending on which Service Center was handling the file.
What does NVC mean in USCIS?
citizen petitioner an approval notice. USCIS then forwards the petition to the National Visa Center (NVC) for background checks. The NVC will send the fiancé some visa application forms to fill out.
What is Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
What is a K-1 visa?
The fiancé visa (K-1) is issued to the fiancé of a U.S. citizen, allowing that person to enter the United States. Once the foreign fiancé enters the United States, he or she can marry the U.S. citizen and then, if desired, apply for a green card under the immediate relative category. The technical name for the process of applying for ...
How long does it take for a USCIS to process an I-797?
Once the petition is submitted, USCIS will review it for completeness. Assuming the citizen didn't forget to include something, he or she will, within a few weeks, receive a USCIS Form I-797 Notice of Action acknowledging receipt of the petition.
How to file an alien fiancé?
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.
What do I need to file an I-129F?
In addition to Form I-129F, the U.S. citizen will need to provide proof of U.S. citizenship and evidence of the courtship and meeting within the last two years. The citizen will also need to pay the petition fee. Once the petition is submitted, USCIS will review it for completeness.
