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is k1 nonimmigrant visa

by Francis Hamill Published 3 years ago Updated 2 years ago
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How to apply for 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. ...

More items...

What happens after K1 visa approved?

After You Receive a K-1 Fiancé(e) Visa. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.

Are K1 visas being processed?

They are processing K1 Fiance Visas! Its not back to normal yet, but cases are being processed and happy couples are getting their visas. As best as I can tell at this time, the Embassy is prioritizing interviews based on the following criteria: K1/K2 cases where the K2 child will age out (turn 21 years of age) before December 31, 2021.

How long does the K-1 visa timeline take?

After filing the required I-129F form, Petition for Alien Fianc with USCIS, there are several steps to acquiring the K1 fianc visa. However, the processing times vary but on average, it takes approximately 6 to 9 months to obtain a K1 visa.

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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 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 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 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.

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.

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.

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.

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.

How to get a K1 visa?

Initially, you must apply for an Employment Authorization Document (EAD) by filing Form I-765 to USCIS. If approved, you are allowed to obtain a Social Security Number (SSN) and even work for the period of time that your K1 visa is valid.

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.

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 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.

What is DS 160?

Form DS-160, Online Nonimmigrant Visa Application is used for US nonimmigrant visas and in this case for the K1 visa too. The form will inquire on your personal information as well as reasons why you are planning to go to the US. When you submit it, you will get a confirmation page and code.

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.

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).

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.

Can I mail my spouse an I-485?

We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information.

Is marriage a valid immigration benefit?

Your marriage must be valid, meaning both you and your fiancé (e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

Can I file a K-1 visa after it has expired?

Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F.

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.

What is a K-1 visa?

The K-1 fiancé (e) visa is a nonimmigrant classification of marriage-based visa that is designed for the foreign-born fiancé (e)s of U.S. citizens. It gives those foreign fiancé (e)s the opportunity to come to the U.S. with the intention of marrying their U.S. citizen fiancé (e)s who are sponsoring their visas.

How much does it cost to get a K-1 visa?

There are several costs to take into account when applying for a K-1 fiance visa. The first is the filing fee for the I-129F, which comes out to be $535. This is paid by the fiance who is sponsoring the beneficiary when he or she files the petition. Fortunately, there is no cost for filing K-3 petitions provided that an I-130 Petition of Alien Relative has been submitted to the USCIS by that same U.S. citizen sponsor.

Why Do I Need a K-1 Visa Lawyer?

VisaNation Law Group K-1 visa lawyers have assisted several clients with complex situations and have successfully obtained K-1 visas for foreign citizen fiancé (e)s.

How to get a K-3 visa for a foreign citizen?

Once the U.S. embassy or consulate where the foreign-citizen fiancé (e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé (e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé (e) will then be called in for an interview at the consulate for the issuance of a K-3 visa.

How to prepare for a K-1 visa interview?

A great way to make sure that you are as prepared as possible for the K-1 visa interview is to go over the specifics of your situation and relationship with an experienced fiance visa lawyer.

What is an E in immigration?

Definition of a Fiancé (e) According to the regulations set by United States immigration law, the official definition of a fiancé (e) is anyone who receives an I-129F Petition for Alien Fiancé (e) that has been approved.

Why is my visa denied?

Another reason why your visa might be denied is if the immigration officer at the U.S. Consulate or Embassy is not convinced of the legitimacy of your engagement. Unfortunately, this can easily happen if there has been a high number of fraudulent applicants coming from your particular country.

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