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what are the requirements for k1 visa

by Helene Baumbach Published 2 years ago Updated 2 years ago
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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.
  • You and the US citizen must have met in person at least once in the past two years. ...

More items...

To apply for a K-1 visa, the foreign partner must live outside of the United States
the United States
us is the Internet country code top-level domain (ccTLD) for the United States. It was established in early 1985. Registrants of . us domains must be U.S. citizens, residents, or organizations, or a foreign entity with a presence in the United States.
https://en.wikipedia.org › wiki
, be legally free and able to marry, have met the U.S. citizen
U.S. citizen
Section 1 of the Fourteenth Amendment provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The language has been codified in the Immigration and Nationality Act of 1952, section 301(a).
https://en.wikipedia.org › wiki › United_States_nationality_law
partner in person within the last two years, and not have been convicted of serious crimes.

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 many times can you apply for a K1 visa?

In general, it is best to only apply for one K1 visa. Not only will you have found last love and a lasting relationship, U.S. immigration officials can be suspicious of people who apply for more than one K1 visa. However, it is possible to apply for multiple K1 visas.

Do all K1 visas require administrative processing?

Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. After You Receive a K-1 Fiancé(e) Visa

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.

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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...

What is the income requirement for K-1 visa 2022?

Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. On the other hand, when the fiancé becomes a permanent resident, you would have to earn at least $21,137 every year. These are the minimum requirements.

How hard is it to get a K1 fiancé visa?

So Is it Difficult to Apply for a K1 visa? The approval of the K1 visa may vary from case to case according to circumstances, and in most cases can be denied or delayed simply because of the applicant's fault for not being able to provide the correct information or follow instructions.

How much money do you need to make to sponsor 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 ...

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 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.

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.

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.

What are some examples of ineligibilities for a visa?

Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

What is an I-134 form?

Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)

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.

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.

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.

How long does it take to get married on a K1 visa?

To qualify for a k1 visa, both parties must have the intent to get married to each other within 90 days of the foreign fiancé’s admission to the United States. What this means is that both the U.S. citizen and the foreign fiancé must plan on getting married within 90 days of the foreign fiancé’s arrival to the U.S.

How to qualify for established custom exception?

To qualify for the established custom exception, you must show that meeting each other in person would violate long-standing and strict customs of the foreign fiancé’s social practice or culture.

Form I-129F Petition Requirements

The first step to obtaining a K-1 visa is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé. In addition to the actual Form I-129F, the U.S. citizen petitioner must also submit the following items as part of the package:

K-1 Visa Requirements

Once USCIS approves the I-129F petition, the U.S. Department of State will have additional K-1 visa requirements. USCIS will transfer the case to the National Visa Center (NVC). The K-1 visa applicant (foreign fiancé) will need to submit the following items to the NVC or U.S. embassy that is requesting them:

What is a K-1 visa?

The K-1 Fiancee Visa is a special purpose temporary non-immigrant visa. It gives the foreign national Fiancee of a U.S. Citizen the opportunity to enter the United States so that he or she can marry the U.S. Citizen. The wedding must take place no later than 90 days from the date of the foreign citizen Fiancee (e)’s entry into the U.S., after which the foreign citizen spouse may apply for legal permanent residence through the Adjustment of Status process instead of returning home.

What form do I need to file for a K-1 visa?

To begin the K-1 visa process, the U.S. Citizen Fiancee must file a Form I-129F, Petition for Alien Fiancee, with the U.S. Citizenship & Immigration Services (USCIS).

What is the final step in the K-1 visa process?

In most cases, the final step of the K-1 visa process is the in-person Fiancee visa interview. The foreign national Fiancee will be interviewed by a consular officer who will determine if the couple’s relationship is legitimate. Approval of the petition is at the discretion of the consular officer. He or she may approve the request, ask for additional information or documentation, or deny the K-1 visa outright.

Is an adjustment of status required for a K-1 visa?

While filing an application for Adjustment of Status (AOS) within the 90 day K-1 visa period is strongly recommended, it is not required. It is important to remember, however, that once the 90 day period expires, the K-1 visa holder will be out of status.

Can USCIS approve an initial application?

In some cases, the USCIS is not able to approve the initial application. If this happens, USCIS may request additional documentation or deny the application.

What is a K-1 visa?

The K-1 visa is a nonimmigrant classification issued to a foreign national to travel to the U.S. for the purpose of getting married to his or her U.S. citizen fiancé (e). The K-1 visa application is filed by the U.S. citizen on behalf of the foreign national.

What if I Can’t Meet the Minimum Income Requirements?

If you can’t meet the income requirements, there are two options available to you. These include using the cash value of your assets and having a joint sponsor.

What is an I-134 form?

The I-134 Affidavit of Support is the first income form that must be submitted as part of the initial process to bring a beneficiary fiancé (e) from a foreign country into the United States . The I-134 is used by every nonimmigrant sponsor for a K-1 visa.

What is an I-864?

However, this will require another form entirely: the I-864. This affidavit is to show that you have the financial ability to support your alien fiancé (e) after they become a lawful permanent resident. The threshold is a little higher than that of the I-134. For the I-864, you must show that your income is at least 25% higher than the HHS poverty guideline for that year.

How long does a visa last for a foreigner?

The visa, if granted, has a 90-day validity period within which the U.S. citizen and the foreign national must get married. As the petitioning fiancé (e), there are several requirements that are needed to prove that you are eligible to sponsor the visa. One of them is to demonstrate that you have sufficient income to support your fiancé (e) when he or she gets into the U.S.

How long does it take to get married on an I-864?

I-864, Affidavit of Support. Now that your fiancé (e) is already in the U.S., you will be expected to get married within 90 days of his or her arrival. For your fiancé (e) to continue living in the U.S. lawfully, he or she will need to file for adjustment of status.

Does Immi USA have a K-1 visa?

At Immi- USA, we have a team of experienced K-1 visa attorneys who have successfully helped countless people file their K-1 application, show proof of the K-1 income requirement, and acquire their green cards. To get in touch with our office, you can schedule an appointment with us today by filling out this contact form.

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 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.

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 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.

What information does the consular officer ask for?

The consular officer may ask for additional information, such as photographs and other evidence of a bona fide relationship with the U.S. citizen.

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.

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