Can a foreign citizen apply for a fiance visa and green card?
Once approved, the foreign citizen fiancé may apply for the visa and a green card. Along the way, there are various fiancé visa requirements. Most people that satisfy the fiancé visa requirements receive an approval. However, you don’t want to be one of the thousands to receive a denial.
Can a US citizen bring a fiance to the US?
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.
What is the process for getting a fiance visa?
The process begins with the U.S. citizen fiancé petitioning the U.S. government to grant a fiancé visa. The U.S. citizen must file Form I-129F, Petition for Alien Fiancé, with U.S. Citizenship and Immigration Services (USCIS).
Who is not eligible for a fiancé (e) visa?
If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, your spouse or fiancé (e) is not eligible for a fiancé (e) visa.
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.
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.
How hard is it to get a fiancé visa approved?
It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.
How often are fiancé visas 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 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 long is the wait for 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.
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 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 much money do you need for a K-1 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.
Why would a fiancé visa get denied?
Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.
Do visa officers check social media?
Applicants must provide the social media accounts and usernames that they have used in the last five years. For example, they would need to provide this information for any Facebook, Twitter, and Instagram accounts that they hold. However, they do not need to provide passwords for these accounts.
Why would a fiancé visa get denied?
Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.
Does US Embassy do background check for K-1 visa?
DOS notifies the U.S. citizen petitioner when it is time for the foreign fiancé or fiancée to apply for the K-1 visa. DOS conducts background checks, including fingerprint checks, on the K-1 visa applicant (the foreign fiancé or fiancée).
Which is faster fiancé or marriage 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.
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. ...
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.
How Does a Fiance Visa Work?
If your fiance is granted a K-1 visa, you must get married within 90 days of their entry to the United States .
Who Is Eligible for a Fiance Visa?
A K-1 visa will allow you to bring your foreign spouse to the United States. However, you must meet eligibility requirements. You may apply for a fiance visa if:
How Much Does a Fiance Visa Cost?
In total, you can expect a fiance visa application to cost about $2,025. However, additional fees may apply. Between filing fees, the medical exam, and legal counsel, the entire process of applying for a fiance visa can cost up to $5,000.
What if a Foreign Fiance Has Children?
Unmarried children under age 21 may accompany a parent traveling to the United States on a fiance visa. The only requirement is that they be legally recognized as the petitioner’s children. Children of an alien fiance may enter the U.S. on a K-2 visa. Children eligible for a K-2 visa include:
What is a K-1 visa?
A K-1 visa, also called a fiance visa, is issued to a fiance of a United States citizen. It grants an immigrant lawful entry into the country to marry the U.S. citizen petitioner. Eligibility requirements, fees, and time limits apply, and you’ll need to know them before filing the K-1.
How long does it take to get a fiance visa?
From start to finish, it can take about a year to get a fiance visa. Processing times may vary. Errors, conflicting information, or missing documents resulting in a request for evidence may delay your application process.
How do I get a green card after getting married?
After getting married, you may apply for a green card by filing Form I-485, Adjustment of Status. This requests permanent residency so your spouse may live and work in the United States indefinitely.
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.
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.
Can foreigners apply for a fiancé K visa?
Certain foreigners may be ineligible to apply for a fiancé K visa. For example, having been convicted of drug crimes or having added an unlawful presence in the USA . As well as presenting false documents to apply for the visa.
How long can a fiancé stay on a visa?
Your fiancé has violated the terms of his or her U.S. visa in the past. Overstaying a visa by more than 180 days for example can cause your fiancé to not be able to obtain a fiancé visa for 3 years.
How long does it take to get a fiance visa?
You should receive the actual fiance visa within one week of the interview. However, sometimes this wait can be longer. 10. Once you come to the United States you will have 90 days to get married to the U.S. Citizen.
Why is my fiance's visa denied?
Bonus tip: another reason fiance visa cases are denied is due to non-compliance with the International Marriage Broker Regulation Act (IMBRA). This act was enacted in 2005 but was really not enforced by USCIS until fairly recently. You must comply with this act or your case will be denied.
What is the income requirement for a fiancé?
( At the fiancé visa stage your income will need to be at least 100% of the federal poverty line.
What happens if I file an I-129F?
Once USCIS approves the I-129F petition, the U.S. Department of State will have additional fiancé visa requirements. USCIS will transfer the case to the National Visa Center (NVC). The beneficiary (foreign fiancé) will need to submit the following items to the NVC or U.S. embassy that is requesting them:
Is it worth getting a green card for a fiancé?
The journey through all the fiancé visa requirements can be exhausting at times. But if you’ve found the right partner, it’s totally worth it. Fortunately, the entire journey to a green card (and U.S. citizenship) is spread out. You don’t have to do everything at once. Plus, CitizenPath is here to make it easy and affordable. Get started on your fiancé visa petition.
Can a permanent resident file a K-1 visa?
The first step toward obtaining a K-1 visa is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé. Unfortunately, a permanent resident cannot file Form I-129F. Therefore, the petitioner must either become a U.S. citizen through naturalization or get married outside the United States and then petition the spouse for an immigrant visa.
Does USCIS require I-129F?
USCIS may require additional items based on the petitioner’s answers in Form I-129F. For more detailed guidance on evidence, read evidence to submit with Form I-129F. When you prepare your petition through CitizenPath, we will generate personalized filing instructions based on your specific situation. In addition to a ready-to-sign petition, you’ll know exactly which items to submit in your petition package. We even guarantee your success.
Fiancé Visa (K-1 Visa)
The fiancé visa, formally known as a K-1 visa, is a method used for foreign citizens engaged to a U.S. citizen to enter the United States for the specific purpose of marrying that U.S. citizen. Once married, the foreign spouse must go through a process called “adjustment of status” if he or she wants to obtain a green card.
Marriage Visa (CR-1 or IR-1)
A marriage visa can mean different things to different people. We’ll explain it as a method for a foreign citizen married to a U.S. citizen or permanent resident to enter the United States with an immigrant visa to live permanently in the U.S. as a permanent resident (green card holder).
Fiancé Visa or Immigrant Visa: The Best Choice
To determine which path is best for you — fiancé visa or immigrant visa — depends on many factors and is a personal decision. Here are several issues to consider:
Fiancé Visa or Marriage Visa
These are just a few of the issues that a couple must evaluate when deciding on the fiancé visa or marriage visa. For many immigrant couples, speed is an important consideration, especially given the long wait times that are often involved with the immigration process. Before you begin, check the USCIS processing times for each petition.
About CitizenPath
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays.
What happens if you get denied by USCIS?
If your petition is denied by the U.S. Citizenship and Immigration Services (USCIS) RapidVisa will refund 100% of the fees paid to RapidVisa for the petition that was denied. The following conditions apply:
Is the government fee refundable?
Fees paid to the government or any third party are not refundable.
Does the USCIS approval guarantee come with the Premium Review Package?
Our Approval Guarantee comes with our Premium Review Package and Payment Plan Packages, however does not come with our standard package, as we have no way to see what you submitted to the USCIS to warrant a guarantee.
