Can a fiancé (e) immigrate to the United States?
Because a fiancé (e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé (e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas. What Is a “Fiancé (e)”?
Who is a foreign citizen fiance of an US citizen?
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).
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.
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.
Is fiancé visa an immigrant of non immigrant visa?
Officially known as the K-1 visa, the “fiancé visa” is for the foreign national fiancé of a U.S. citizen to travel to the United States for the purpose of marriage to the U.S. citizen. Although the K-1 is classified as a nonimmigrant visa it's generally used for immigration purposes.
What category is fiancé visa?
The K-1 nonimmigrant visa is also known as a fiancé(e) visa. In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant.
Is spouse visa an immigrant visa?
A “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue a spouse visa to the foreign national spouse of a U.S. citizen or permanent resident.
What are 3 types of nonimmigrant visas?
What are the nonimmigrant visa types? There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work.
What are the immigrant visas?
An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS).
What is better a fiancé visa or spouse visa?
Citizens, the K1 Fiance Visa is still quicker and simpler for unmarried international couples seeking to get married. Marriage Visas generally take between 5-7 months from the time the I-130 Petition is filed at a USCIS Service Center to the day a Marriage Visa is issued.
What is a fiancé visa in the US?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
What kind of visa is spouse visa?
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. Learn more.
What is the marriage visa called?
The marriage visa (aka CR-1 or IR-1 visa) is an immigrant visa obtained by the foreign spouse while in the foreign country after marriage for the purpose of immigrating to the U.S. to live permanently with the spouse. Deciding on the fiancé visa or marriage visa is a personal decision.
Who is considered a non immigrant?
Nonimmigrants are foreign nationals admitted temporarily to the United States within classes of admission that are defined in section 101(a)(15) of the Immigration and Nationality Act (INA).
What is an example of a non immigrant visa?
Nonimmigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. By Ilona Bray, J.D. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa.
What are the 4 types of immigrants?
These Are the Four Types of Immigration Statuses in the US. When immigrating to the US, there are four different immigration status categories that immigrants may fall into: citizens, residents, non-immigrants, and undocumented immigrants.
What is the eligibility category for K-1 visa?
A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.
Is a k3 visa worth it?
Because of this lengthy processing time, most people find that it's not worth it to apply for a K-3 visa. Unless the processing times change, the K-3 visa should probably be avoided, as it involves an unnecessary step and additional expense (including an extra $265 filing fee).
How long is a CR1 visa good for?
The CR1 visa is valid for 6 months after it's granted.
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.
What type of visa is available for a Portuguese spouse?
This post will discuss two types of Immigrant Visas available for a Portuguese Spouse or Fiance: CR-1/IR-1 Spousal (Immigrant) Visa K-1 Fiance (Immigrant) Visa This Post will not cover the K-3 Immigrant Visa because the K3 Visa has a very low (and very unknown) approval rating (less than a dozen worldwide). A Historical Analysis of … Continue reading
How does the K1 Visa differ from the B1/B2 Tourist Visa?
A visual can show many more steps in the K-1 Fiance Immigrant Visa versus the Tourist non-immigrant Visa.
What is a K-1 visa?
The K-1 Fiance Visa is the perfect Visa to bring a couple together in the United States. However, every country is different in terms of process, supporting document requirements, and processing time since everything depends on the US Consulate in that specific country. Here, we will specifically focus on Brazil and the Brazilian Fiance. [Read … Continue reading
How long is the I-129F valid?
Second, USCIS provides a 4-month Validity Period of the I-129F. This period is automatically reviewed and extended AT the US Embassy or Consulate. Processing time and delays outside-of-your-control are not something to be held against you.
What happens if you schedule an interview before the embassy?
If you attempt to schedule an interview PRIOR to the Embassy Permitting, Complications may result or your consulate account could be frozen, possibly making further delays when the Embassy or Consulate is actually ready to interview you.
Is a fiance visa hard to understand?
A Fiance Visa filing can be a long process, that causes a lot of stress for both fiances. The Visa requirements can be confusing and the process overall can be hard to understand. This post will tie together a lot of our related Manila Philippines Fiance Visa articles, as well as giving that overview to … Continue reading
Is a K-1 visa a non-immigrant visa?
Although the K-1 Visa uses the DS-160 Nonimmigrant Visa application and some Embassies/Consulates may refer to the K-1 Visa as a non-immigrant visa, it 100% is different from other non-immigrant visas.
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.
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.
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 long does it take for a fiance to get a visa?
has a one-time temporary entry until he/she fulfills the condition of marrying the sponsoring U.S. citizen within the 90 days. Even though it’s a non-immigrant visa, your fiance (e) will also be required to meet the requirements of an immigrant visa.
What is an immigrant visa?
An immigrant visa is for foreigners who immigrate to the U.S. with the intention to stay, live and work there. A non-immigrant visa is for those foreigners who will stay in the country temporarily. Read the full difference between immigrant and non-immigrant visas.
What does it mean for your fiance (e)?
There are clearly going to be differences between the “immigrant-visa” processes and the K-1 “non-immigrant” processes. For example:
How long does it take to get married on a K-1 visa?
Since the K-1 visa is non-immigrant, the main lesson to take away is you must be honest and follow through your intention to marry in 90 days. If you sincerely decide not to marry (and that’s okay), then your fiance (e) must depart within 30 days after the 90-day deadline. Share on Twitter.
How long do you have to marry to get a new spouse?
The condition is, of course, to marry the you within 90 days. When married, your new spouse earns the right to stay (and further benefits) after filing the Adjustment of Status.
Is a K-1 visa a permanent visa?
The fiance (e) K-1 visa is a non-immigrant but processed like an immigrant visa. This is because the K-1 process eventually leads to a permanent stay. The government wants to make sure that your fiance (e) will only stay if he/she marries you, otherwise, they must leave.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How long can I stay in the US if I am married?
citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
Can an alien marry a non-K-1?
U.S. immigration law allows a U.S. citizen to petition for a alien fiancé (e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé (e), ...
Can USCIS approve green card application?
Reasons why you may be inadmissible are listed in INA 212 (a) and are called grounds of inadmissibility. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you.
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.
