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how to obtain a k1 visa

by Aaliyah Hoppe Published 2 years ago Updated 1 year 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.

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. ...

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How long does it take to get a K-1 visa?

K-1 Fiancé (e) Visa Application: Steps and Processing Times

  • I-129 Petition Processing Time: Approximately 5-7 Months. ...
  • DOS Takes Over Processing: 4 to 6 Weeks After USCIS Approval. ...
  • Letter From Embassy or Consulate: Approximately 2 Weeks After Receiving the Case. ...
  • K-1 Visa Interview: 2 to 8 Weeks After Scheduling Appointments. ...
  • Inspection at a Port of Entry: Within 6 Months After Visa Approval. ...

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Is it mandatory to get engaged for K1 visa?

K1 Visa Eligibility Criteria. To get the K1 visa you must fulfill the following criteria: Be engaged to a US citizen. Have the intention to marry within 90 days of them entering the US. Have proof of your relationship before the engagement. Get married according to the US lawswhile you are in the United States on a K1 visa.

Which one is faster K1 visa or K3 visa?

This usually means photo identification and an official copy of your marriage license, but it varies depending on where you live. How quickly do you need to get to the States? Generally speaking, a K1 visa is faster for immigrating couples than a K3 visa because it requires only one application – rather than two with the K3.

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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 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 much does a K-1 visa cost?

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.

Is the 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.

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 ...

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 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.

Can a fiancé visa be 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.

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 hard is K-1 visa interview?

You may have around 89 questions available – but the chances are that they will only ask about 15-30 of them. Still, bear in mind that this interview is not an interrogation – but a chance for the consular to get to know you better and confirm the validity of your relationship.

How often do k1 visas get denied?

According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants. And while eventually many of them are able to overcome the initial denial, some do not.

How much does a 90 day fiance 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.

How much does a k2 visa cost?

The K-2 has several costs attached to it including: The I-129F filing fee of $535. A possible biometrics fee of $85. A possible fee from the embassy of $265.

Be A United States Citizen

The U.S. petitioner must be able to prove he or she is a United States citizen. Green card holders are not eligible for the fiance visa. They are,...

Intend to Marry within 90 Days

The petitioner must convince USCIS agents and consular officers that the relationship is “bona fide”, and that he or she truly intends to marry wit...

Have Physically Met The Fiance within 2 Years

The couple must prove that they have physically met in person at least once within the last 2 years. This doesn’t mean they need to know each other...

Meet The Income Requirement

Some visas count on the alien’s financial ability. The K1 visa counts on the U.S. petitioner’s financial ability. They must meet the minimum income...

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 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.

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.

Can my Children Accompany me to the US With a K1 Visa?

If the foreign citizen has unmarried children under 21 years old, they can accompany the foreign citizen to go to the US for the marriage. The children of the K1 visa holder can travel to the US with a valid K-2 visa.

What Are the Next Steps After Marriage?

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.

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 can you use 1/3 of the dollar value of?

You can use 1/3 of the dollar value of certain assets, such as real estate, stocks and bonds.

Do all K-1 visas meet the requirements?

Not everyone will meet the K-1 visa requirements. Check your eligibility with our K-1 visa eligibility calculator. Note that USCIS and consular officers are different and some countries may have additional requirements.

Who will review my visa?

If you work with an immigration attorney, or a fiancé visa agency , they will carefully review your situation to verify that you meet all of the requirements.

Can you use joint sponsor in lieu of income?

In certain cases, you may be able to use a joint sponsor or assets in lieu of income. Please call us for specifics on your situation.

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 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

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 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, ...

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.

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.

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What is a G-28?

The Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative . This form is required if you will be working with an attorney. The G-28 is signed by you and your attorney. This form allows your attorney to submit applications and petitions on your behalf. The G-28 also allows your attorney to represent you before USCIS. You can learn more about the G-28 here.

What is the purpose of the I-485?

The Form I-485 is the Application to Register Permanent Residence or Adjust Status. This is the form that the K1 visa beneficiary must file after they arrive in the U.S. and marry their U.S. citizen fiancé. The purpose of the I-485 is to adjust from non-immigrant status to permanent resident status. You can learn more about the Form I-485 here.

What is DS 160?

The Form DS-160 is the Online Nonimmigrant visa application. After the Form I-129f is approved by USCIS, you must file the Form DS-160 to apply for your K1 visa. This Form is completed and filed by the K1 visa beneficiary (foreign fiancé). You can learn more about the DS-160 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.

What are the Requirements for Obtaining a K1 Fiancé Visa?

In order to obtain a K1 fiancé visa, you must meet a number of requirements. First, a foreign national must be the fiancé of a US citizen. A US permanent resident cannot sponsor a fiancé for a K1 visa. Second, the US citizen and foreign national fiancé must have met in person within two years of filing the K1 fiancé visa petition. This requirement can be waived in certain circumstances, such as when there are cultural reasons that the couple did not meet prior to the engagement. Third, the couple must plan to marry within 90 days of the foreign national fiancé’s arrival in the United States. Finally , the foreign national fiancé must not be subject to any immigration bar s, such as criminal conviction or fraud based bars.

What Forms and Documents are Required for a K1 Fiancé Visa?

There a number of form and documents you will need to submit to obtain a K1 fiancé visa, both in your initial petition with USCIS and when you move on to the stage of processing your case as the US embassy abroad.

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

When you filed the I-129F petition with USCIS, you will receive a notice of receipt within two to three weeks indicating that your petition has been received and is in processing. While there is no set time for this stage of the K1 fiancé visa petition, the USCIS stage of the process typically takes three months. Once USCIS completes the processing of the I-129F petition, you will receive notice that the case has been forwarded to the National Visa Center.

What is the I-129F form?

I-129F: The I-129F is the sent to USCIS in your initial filing. The form notifies the government that you intend to bring your foreign national fiancé to the United States with the intent to marry and adjust status.

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