What is the K-1 American citizen fiancé (e) visa and what do you need to know in 2022
- The K-1 fiancé (e) visa is issued only to alien nationals who are engaged to a US citizen. This visa allows the fiancé (e) to travel to the US and marry the US petitioner within 90 days of entering the country.
- After legally marrying, the alien spouse can adjust status to obtain a Green Card .
What is the procedure for getting a K1 visa?
K1 Visa Process. Here are the main steps involved when applying for a K-1 fiance visa: Step 1. USCIS Filing. The United States citizen sponsor files the K1 visa petition with USCIS by mailing the completed I-129F petition package along with a check to the Department of Homeland Security for $535. Step 2.
What happens if my K1 visa expires?
■ Nothing, really. As long as you postmark the I-129F before it expires, you will be fine. Expiration of the form doesn’t affect processing as long as you mail it in time. If for any reason you can’t get a K-1 visa interview date within the 4 months, you should let the Embassy know you’re still intending to apply.
How soon after K1 visa entry can you start working?
However, due to limitations in the bureaucratic process, it is impractical to gain work authorization on your K-1 visa prior to applying for adjustment of status. As a K-1 visa holder, your visa status expires 90 days after entry.
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.
How long does it take to get a green card after a K-1 visa?
In total, getting a Green Card via a K1 Visa usually takes 13-18 months, but the immigrant fiance will be able to enter the U.S. as soon as they have their visa. It usually takes 9-12 months to get a K1 Visa and an additional 4-6 months to adjust status to a Green Card after the immigrant enters the US.
How long does it take for K-1 visa to get citizenship?
After 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 happens after K-1 visa expires?
To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident. You should begin the process of adjusting your status and obtaining a green card as soon as you get married.
What happens after the K-1 visa interview?
There are a few possible outcomes following the interview: The officer approves your application immediately. If your application is approved, you will receive your passport containing the K-1 visa. Additionally, you will receive a sealed packet which should not be opened.
Which is faster fiancé visa or spouse?
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.
How long does K-1 visa take in 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 can you stay on a K-1 visa after marriage?
90-dayThe K-1 visa cannot be extended beyond the 90-day period. If there is no marriage, the foreign citizen is required to depart the United States by the 90th day. Of course, most marriages go on as planned. Typically, the foreign citizen spouse plans to stay permanently in the United States.
How long can I stay in US with K-1 visa?
90 daysA K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can't be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.
What happens if my fiancé leaves me after marriage on a K-1 visa?
Your fiancé must have the Advance Parole Re-Entry Permit before she leaves the US for foreign travel and must present it to re-enter the US. If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.
How do I know my visa is approved after interview?
At the end of your immigrant visa interview at the U.S. Embassy or Consulate, the consular officer will inform you whether your visa application is approved or denied. Visa approval - When approved, you will be informed how and when your passport and visa will be returned to you.
How do I know if my visa is approved?
Check the Status of a Visa Application For nonimmigrant visas, call 1-603-334-0888. Or use the Consular Electronic Application Center (CEAC).
How long does it take USCIS to make a decision after interview 2022?
Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.
Major Steps in Adjusting Status After K-1 Fiance Visa Entry
In order to adjust your status in the U.S., you’ll need to 1. prepare various U.S. government forms 2. gather various documents, such as your marri...
Forms Required For K-1 Fiance Entrant Adjusting Status
The USCIS forms that you’ll need to download from the USCIS website (for free!) and fill out include: 1. Form I-485, Application to Register Perman...
Documents Required For K-1 Fiancé Entrant Adjusting Status
Along with the various forms, you will need to include the following in your adjustment of status packet: 1. Long form birth certificate. This will...
Mailing Your Adjustment of Status Packet
You can't submit the adjustment of status application to USCIS in person. Instead, it must be sent to a particular USCIS office, called a “Lockbox....
Attending Your USCIS Interview
At the interview, a USCIS officer will review your application, ask questions to make sure that your marriage is the real thing (bona fide, not a s...
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.
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.
How long is a passport valid for?
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
How long do you have to marry a foreigner on a K-1 visa?
So, let’s wrap up the discussion. Remember, after entry with a K-1 or K-2 visa, you must marry within 90 days. If you two decide not to marry, the foreign fiance can’t stay in the US and must depart before the entry expires.
How long does it take for an I-551 to show up in the mail?
This I-551 card shows up in the mail 2-4 weeks later. With it, you continue to live in the US and carry on with your married life — starting a family, working, traveling abroad, and even applying for US citizenship in the future.
What is the interview process for a green card?
This green card interview is held in a formal manner: you and your spouse sit across the table from a USCIS officer who interviews you both, verifies the information on your application, and assesses your bona fide marriage. Typical questions include:
How long does it take to get an I-485?
The average timeline for this is normally 12 months after you submit your application.
What is the first step to get a visa to enter the US?
The first step is to enter the US with a K-1 or K-2 visa. This is a subtle, yet important, point because you may not be able to adjust status unless you enter with the correct visa.
When to apply for I-485?
If you marry, your priority is to quickly apply for the I-485 Adjustment of Status for permanent Residency as soon as you have all documents ( e.g. marriage certificate).
Can I get an I-485 if I'm married?
As a rule of thumb, as soon as you marry, waste no time preparing the I-485 application (although there’s no official deadline for fiance visa applicants to be “out of status”).
What form do I need to get a K-1 visa?
Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).
What is the form I-131?
Form I-131, Application for Travel Document. The immigrant should fill this out and submit it if there's any chance that he or she will want to leave the U.S. before the interview. Without receiving "Advance Parole," which this form is used to request, leaving the U.S. will result in USCIS cancelling the application, on grounds that it was abandoned.
What to expect at a USCIS interview?
At the interview, a USCIS officer will review your application and documents you brought with you to prove a bona fide marriage, ask questions to make sure that your marriage is the real thing (bona fide, not a scam or fraud to get you a green card) and hopefully approve you for conditional residence.
What forms do I need to get a green card?
The USCIS forms that you'll need to download from the USCIS website (for free) and fill out include: Form I-485, Application to Register Permanent Residence or Adjust Status. This is filled out by the immigrant, and is the primary application used in requesting a green card from within the U.S.
What is an I-864?
Form I-864, Affidavit of Support Under Section 213A of the Act or, if applicable, the I-864EZ, Affidavit of Support Under Section 213A of the Act. The affidavit must be prepared by the U.S. citizen spouse, known as the "petitioner," along with supporting financial documents.
How long does it take for a green card to arrive?
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, you'll want to apply for permanent residence on Form I-751.
Where do you go for an interview with USCIS?
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
How long does it take to get a K visa?
and the beneficiary (the person the U.S. Citizen will marry) is outside the U.S., the U.S. citizen can file an application for a fiancé (e) visa with USCIS. This is known as the K visa. This takes around 7-10 months to be approved (premium processing is not available, ...
How many times can you extend a K visa?
There is no limit to the number of times you can extend the approval, however, if you extend for too many times for reasons other than slow processing by the Consulate, the officer can question your intention to marry and not approve the extension. If the extension is denied, the K visa approval is no longer valid.
How long is a visa valid for?
You will notice on the approval notice that there is a valid from and to date, usually for a period of four month. This does mean that your approval is only valid for 4 months, however, this validity can be extended. If the application process or interview have not been completed before the end of the validity date, the applicant can contact the Consulate through email and request an extension.
How long does it take to get a visa back after an interview?
The Consulate will process the visa and you will receive the passport back with the visa in around 7 to 10 business days. The visa is usually issued for 6 months and the applicant is required to enter the United States before the visa expires.
How long do you have to get married after getting a visa?
After you enter the country on the visa, you have 90 days to get married and apply for adjustment of status. If you do not get married within the 90 days , you will have to leave the country. If the applicant gets married after the 90 days, the U.S. citizen can still apply for a marriage based green card for the applicant, ...
How long does it take for an I-129F to be processed?
According to the I-129F receipt, NVC takes around 2 to 4 weeks after it’s received to process the application.
Why do we ask for cards?
We ask for a variety of reasons: most of us don’t want to be bored at home waiting for our cards to show up. Can we work? Volunteer? Or how about go to school?
How long does it take to get an EAD card?
While your Permanent Residency application is processing in the background, you get the EAD/AP card normally within 6-8 months.
Can I stay in the US with a K-1 visa?
Remember, the K-1 visa expiration date becomes irrelevant after you enter. As long as you get married and send in your I-485, you’ve got full legal status to stay in the US while your green card is pending. Your I-797c letter is legal proof that you’re a “K-1 visa applicant pending Adjustment of Status”.
Should I wait to file a tax return?
In any case, I’m not suggesting you wait. Instead, you should file as soon as possible when your documents are ready.
Is a huge ceremony required for residency?
But this time, it’s not that strict. In my experience, having a huge ceremony isn’t necessary for approval at your Permanent residency interview. My wife and I didn’t have one, and we did alright.
Is it legal to file an I-485 after K-1?
That’s a very interesting question because it’s a “gray area” and there’s no actual law governing when exactly you should submit the I-485 after entry with a K-1 or K-2 visa.
Can I adjust my status on I-485?
For your I-485 Adjustment of Status, the USCIS is only concerned with your marriage certificate (and if you married within the 90-day limit). As long as you’ve got a valid marriage certificate and it’s signed by the correct civil authorities, then it’s all they need to review at the moment.
How long is an adjustment of status valid for?
This status is valid for up to 2 years and it’s done to make sure there’s no visa fraud (sham marriage) for immigration benefits.
How long does conditional status last?
Until then, your “conditional status” will still be active (you’ll get an extension). Your status will be extend ed (normally up to one year) until the case is finalized or completed. If the case takes longer, you must request an extension by writing to the USCIS.
What happens if you divorce your sponsoring spouse?
If you divorce your sponsoring fiance (e) before filing the I-485, then you will likely lose residency. You may not be able to file for a green card. You and your K2 children may lose immigration rights and leave the US.
How long is conditional resident status?
2. During the 2-year conditional resident status
How long does it take to get a green card after divorce?
If you successfully submitted the paperwork, had the interview, and are approved then you will have a valid conditional 2-year green card.
Can I get a 10 year green card if I don't file?
In order to “remove” or “lift” the “conditions” of a conditional permanent resident and get a full 10-year green card, you and your US spouse must file the I-751 jointly. If you don’t file the I-751 at all, then you become “out of status”. Being out-of-status means that you’re subject to deportation proceedings.
Does a divorce affect my immigration status?
Under the 2-year conditional status, you already proved that your marriage was legitimate by filing Form I-751 jointly. This time, a divorce will not affect your immigration status. When your 10-year green card expires, you won’t have to seek out your ex-spouse’s help to sign the petition.
