Visa-Faq.com

what is a k 1 visa

by Camden Carter DVM Published 2 years ago Updated 1 year ago
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A K-1 visa allows a United States citizen to bring a fiancé or fiancée to the United States for the purpose of marriage and becoming a lawful permanent resident.

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.

How much does K1 visa cost?

  • First of all, the U.S citizen partner needs to fill up the I-129F Form for a K-1 visa and mails it to USCIS along with the $535 filing fee.
  • Once the petition is approved, The NVC assigns a case number and forwards your paper works to the embassy where your fiancé lives.
  • Your partner then needs to fill up the DS-160 Form and submit it online. ...

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Can you get health insurance with a K1 visa?

You can qualify for quite a few options of medical insurance. Your K1 visa will be enough to prove your eligibility. There are four options you can consider for your K1 visa health insurance. Before you make your choice, read through the terms and conditions of the plan you consider.

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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.

How long is a K-1 visa good for?

6 monthsIf the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry. If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS.

What is the meaning of K-1 visa?

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 are the requirements for K-1 visa?

To apply for a K-1 visa, the foreign partner must live outside of the United States, be legally free and able to marry, have met the U.S. citizen partner in person within the last two years, and not have been convicted of serious crimes.

How long does it take for K-1 visa to be approved?

approximately 8 to 11 monthsAfter 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.

How long does a K-1 visa take 2022?

approximately 9 to 12 monthsHow long does a fiance visa take? As of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F).

Who can sponsor K-1 visa?

The K-1 visa allows a U.S. citizen to sponsor their fiancé to come to the United States. Both partners must have the intention to get married within 90 days after the sponsored fiancé arrives in the United States from abroad.

What happens after K-1 visa is approved?

If USCIS approves the Form I-129F, the approval means that USCIS recognizes there is an intended marriage. USCIS will notify the petitioner and send the approved petition to the Department of State's National Visa Center (NVC).

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.

What Is a “Fiancé (e)”?

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). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

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.

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.

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 is a fiance (e)?

Under the United States immigration law, a foreign-citizen fiance (e) of a United States citizen who is the recipient of an approved petition for Alien Fiance (e), Form I-129F, and who has been issued a nonimmigrant K-1 visa for travel to the United States to marry their United States citizen fiance (e). The United States citizen and the K-1 visa applicant must both be legally free to marry at the time the petition was filed and must remain so thereafter. The marriage must be legally possible according to the laws of the U.S. state where the marriage will take place.

Do the same income requirements apply to Form I-134 as apply to Form I-864?

No, they do not. The 125% of the federal poverty guideline minimum income requirement, the most recent year’s tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor’s income is 100% of the federal poverty guideline.

Can my petition be extended if it expires?

However, U.S. consular posts can extend the validity of the petition if it expires before visa processing is completed.

How long does it take to get my K visa?

Once the United States Embassy or Consulate receives your case from NVC, the time it takes to process it varies from case to case. Sometimes K-1 Applicants don’t follow the instructions carefully or supply incomplete information so the case gets delayed. Also, some visa applications require additional administrative processing after the applicant’s interview by a Consular Officer, which takes additional time.

How to file an alien fiance petition?

The first step the United States citizen sponsor must take is to file Form I-129F (Petition for Alien Fiance (e)) with the USCIS office that serves the area where the sponsor resides. After the petition is approved, it is then sent to the National Visa Center (NVC) where a case number is assigned, the petition is further sent to the United States Embassy or Consulate of the country the sponsor’s fiance (e) lives once the supporting documents have been uploaded and accepted by NVC and security checks have been performed.

What happens after a K-1 petition is filed?

After the petition has been filed, the NVC corresponds with the sponsor’s attorney regarding the sending of the petition to the U.S. Embassy or Consulate. Once the Embassy or Consulate receives this letter, they inform both the sponsor and the fiance (e) about the actions they need to take to apply for a K-1 visa and prepare for the interview.

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.

How to obtain the fiancé visa?

The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:

How to notify USCIS of a K-1 visa?

If the applicant is moving it is important that they notify USCIS by phone 1-800-375-5283 or by email.

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.

How to apply for a K-1 Fiancé Visa

If you and your fiancé are eligible for a K-1 fiancé visa, you can apply by following this four-step K-1 visa process.

K-1 Fiancé Visa FAQs

No. But it will be much harder to prove that your relationship is legitimate if you are not engaged before you apply.

Conclusion

Filing for a K-1 fiancé visa can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees for your K-1 visa application, we may be able to help. If you are eligible, our free web app will walk you through the process and help you prepare and file your application with the U.S.

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.

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, ...

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.

How long does it take to get a fiance visa?

Typically, the fiance visa process takes approximately six months, and obtaining permanent resident status after the fact takes around 10 to 11 months. For a K-3 or marriage visa, you can expect to wait 10 to 16 months. If your goal is to be able to live in the U.S. with your partner as soon as possible, the K-1 visa may be the best choice.

What form do I need to get a K-3 visa?

citizens already married to someone living outside the country. If you want to bring a foreign spouse to the U.S., you will need to fill out a Form I-130 , Petition for Alien Relative.

How long can a foreigner marry a US citizen?

Also known as a fiance visa, the K-1 allows you to bring your partner into the country for a period of 90 days. If you and your fiance get married during this three-month period , then your fiance may apply for lawful permanent resident status in ...

How long does it take to get married and get a green card?

If you bring your fiance to the U.S. and get married within 90 days, your fiance can apply for a green card along with their children who were admitted as K-2 non-immigrants.

Can a K-1 visa allow a fiance to travel to another country?

While the K-1 visa allows your fiance to join you in the country faster, this option also comes with a higher price tag. Additionally, the K-3 visa allows for multiple entries into the country, while the K-1 visa allows for only one.

Can a K-1 visa be used for a foreign spouse?

Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse. Additionally, both K-1 and K-3 visa holders are permitted to work and travel after, assuming they have the necessary USCIS documents. An experienced immigration attorney can help you determine which option is best for your family.

Can a fiance be a permanent resident?

If you and your fiance get married during this three-month period, then your fiance may apply for lawful permanent resident status in the U.S. If a marriage does not occur, your fiance will have to return to their home country.

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