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how to petition fiance visa in usa

by Keira Wolf Published 2 years ago Updated 1 year 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...
  • After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and...

Full Answer

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

More items...

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

More items...

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. ...

Where to send I 129f 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. Further information is available on the USCIS website under Fiancé (e) Visas .

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

approximately 8 to 11 monthsAfter 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. As explained, the K-1 processing time can vary based on the agencies that adjudicate the many steps.

What is the easiest way to bring a fiancé to USA?

If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

How do I petition my fiancé to USA?

The First Step: Filing the PetitionYou, 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. ... After USCIS approves the petition, it is sent to the National Visa Center (NVC).

How long does it take to sponsor a fiancé to USA?

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.

Can you get a fiancé visa without meeting?

You Must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. During the two years before you file the Form I-129F Petition for Alien Fiancé(e), you must meet your fiancé(e) in person. Keep a close eye on the calendar.

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 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.

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 can I speed up my fiancé visa?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

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 ...

Can you travel to the US while waiting for a fiancé 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.

Can my fiancé come to the US?

The fiancé(e) visa is a temporary visa that simply permits your fiancé(e) to enter the United States so that the two of you can marry in the United States within the 90 days permitted from the date of entry.

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.

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 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.

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 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, ...

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. ...

Essential Conditions for a Successful US Fiancee Visa Petition

From being a fiancée to becoming a permanent resident is a long process. In 2019, the State Department issued over 41,000 K-1 visas at US Embassies worldwide. These applicants met the basic requirements for the visa.

What happens after the US Embassy issues the K-1 visa

When you enter the US on a K-1 visa, you must marry the same US Citizen who filed the petition. You may only remain in the US. If you end marry someone else, US immigration may direct you and your minor children to leave the US.

Once you are married

The USCIS will issue your conditional permanent resident status once it approves your initial application to adjust status. You must file to remove the conditions of your residency within two years of the approval date. If you don’t, you may face complications with your immigration status.

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.

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 obtain the fiancé visa?

The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:

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 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 documents are needed to file a USCIS petition?

If USCIS asks for more proof, some possible documents to present with the petition are: copies of cards and letters between you discussing your marriage plans (you can block out the most intimate sections) copies of phone records showing that you called each other. wedding announcements, and.

What to do if you haven't met in person?

If You Haven't Met in Person, Proof That You Qualify for an Exception. If you and your fiancé have not met in person, and do not wish to do so for religious reasons or because it would present extreme hardship to the U.S. citizen, include documentation that will prove this. For example, this might include:

What to look for when you meet your fiancé?

Assuming you and your fiancé have met in person, look for documents that will prove this fact. Documents from a neutral, outside source such as an airline or landlord are best. Some possibilities include: dated photos of you together. copies of plane tickets (including boarding passes) that you used to meet each other.

What documents do I need to file an I-129F?

citizen petitioner has ever been convicted of any violent crime, sexual assault, or a crime involving domestic violence or substance abuse (a more complete list of crimes is provided in the instructions to Form I-129F), you need to include certified copies of all police and court records showing the outcome.

What is required to file a petition for citizenship?

citizenship status. This might include a copy of a birth certificate, passport, certificate of naturalization, certificate of citizenship, or Form FS-20 (Report of Birth Abroad of a U.S. Citizen).

What is evidence of other wedding arrangements?

evidence of other wedding arrangements (such as a letter from the judge or religious leader who will perform the ceremony, contracts for food catering, photography, rented chairs, dishes, or other equipment, flowers, and musical entertainment).

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 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 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 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.

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