The petitioner of a K-1 visa must:
- Be a United States Citizen. The U.S. ...
- Be Legally Free to Marry. If the petitioner was ever married before, he or she must provide proof that any such marriage has been legally terminated through death, divorce, ...
- Intend to Marry Within 90 Days. ...
- Have Physically Met the Fiance Within 2 Years. ...
- Meet the Income Requirement. ...
What is the difference between the K-1 and K-2 visa?
The K-1 visa is also known as the fiancé visa and is awarded to those who are entering the U.S. to legally marry a U.S. citizen. The K-2 visa is for children of the K-1 visa holders who wish to accompany their parent to the United States. The K-1 visa holder must legally marry a U.S. citizen within 90 days of their arrival in the U.S.
Which is faster K1 or K3 visa?
TIMING: The US K1 Fiancée Visa is generally issued faster than the US K3 Marriage Visa. The K3 visa often takes longer to obtain because proof of marriage must be established, along with other supplementary supporting documentation. COST: There are many factors that influence the cost of a K1 or K3 visa.
Which visa type is the fastest, K1 and K3?
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. 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.
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.
What is K visa category?
K visas include K-1s, which allow a fiancé(e) of a United States citizen to travel to the United States and marry the United States citizen within 90 days of admission.
Who is eligible for K 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.
What is the K 2 visa?
With a K-2 visa, the engaged partner of a U.S. citizen can bring their child (or children) to the United States as a part of the K-1 fiancé(e) visa process. K-2 visas are therefore always linked to a K-1 visa. The child (or children) must be unmarried and under 21 when they enter the United States.
How long is a U.S. K-1 visa valid for?
six monthsThe foreign national may use the K-1 visa to enter the U.S. one time. It is a single-use visa that is generally valid for a period of six months from the date of issuance.
How much money do you have to make to sponsor a 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 ...
How much income do you need for a K-1 visa?
If the sponsor's household size is only them and their future spouse, then the income requirements to receive a K1 visa must be a minimum of $17,240 annually after deductions in 2021. This number goes up if the household is larger, such as if the sponsor has one or more children.
Which is better K1 or K3 visa?
K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.
How long after K-1 visa can I work?
We are often asked the question “How long after getting my K-1 visa can I work?” The answer is as soon as you are issued your employment authorization document. The USCIS will issue your EAD. Though EAD timelines may vary, the typical wait time for your EAD will most likely be between two to three months.
How long does K-1 visa take 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.
What happens after K-1 visa is approved?
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.
What is faster fiancé or marriage visa?
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.
Which is better K1 or K3 visa?
K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.
Which is better K1 or k2 visa?
The K-1 visa is also known as the fiancé visa and is awarded to those who are entering the U.S. to legally marry a U.S. citizen. The K-2 visa is for children of the K-1 visa holders who wish to accompany their parent to the United States.
How do you get a K-1 visa?
How to apply for a K-1 Fiancé VisaStep 1: File Form I-129F. ... Step 2: File Form DS-160. ... Step 3: Attend your visa interview and pay the visa fee. ... Step 4: Come to the United States and get married!
How much does K1 and k2 visa cost?
The K-2 has several costs attached to it including: The I-129F filing fee of $535. A possible biometrics fee of $85. A possible fee from the embassy of $265.
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 is a K-3 visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.
What do you need to present to the 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 spouse is able to provide support.
How to apply for a visa for a foreigner spouse?
Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
Where to send I-129F?
NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in ...
What is the form for a foreign spouse?
You must then file Form I-129F, Petition for Alien Fiancé (e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé (e) for information on where to file the petition for a K-3 visa.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support may be requested)
What is a K-3/4 visa?
The K-3/4 Visas have been instituted to allow foreign spouses and children of U.S. Citizens to enter the United States as nonimmigrants, in order to be reunited with their family while applying for immigrant status in the U.S.
What is the age limit for a K-4 visa?
K-4 status is dependent on the status of the primary K-3 visa holder, and the minor children of the foreign spouse must be under the age of 21 and unmarried in order to qualify. Therefore, the K-4 status is subject to cancellation or revocation upon expiration of the primary visa holder’s status.
How long is an I-485 valid for?
Once the I-485 application (s) has been approved, USCIS will grant the Beneficiary, and any dependents, Conditional Permanent Resident status and issue a Permanent Resident Card valid for two (2) years.
Does USCIS grant permanent resident status?
Upon approval of the I-751 Joint Petition to Remove the Conditional Basis, USCIS will grant Lawful Permanent Resident status and issue a new Permanent Resident Card to the beneficiary and any dependents.
Can a K-3/4 nonimmigrant file an EAD?
K-3/4 nonimmigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so they must submit a Form I-765, Application for Employment Authorization (EAD), and proper filing fee to USCIS.
Can a K-1 adjust status?
Please note: A K-1 visa holder may not adjust status on any grounds other than marriage.
Can I file an I-130 for a K-4 dependent?
Moreover, an I-130 petition need not be pending on behalf of the K-4 dependent although, as a practical matter, the U.S. citizen would normally file a separate I-130 petition for a stepchild to assure their immigration with the principal K-3 applicant.
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.
Where is the I-129F forwarded?
If approved, the petition will be forwarded to the National Visa Center (NVC) for additional processing.
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.
How long can you stay in the US on a K-3 visa?
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
How to get a K-3 visa for spouse?
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS: Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, ...
How long can a K-3 visa be extended?
USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.
How old do you have to be to get a stepparent visa?
In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa.
How long do I have to file an extension of stay for a K-3 visa?
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
How long is a green card valid for?
This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires.
Can I get a green card if I have a K-3 visa?
If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.
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.
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 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 is the difference between a K-1 and a K-3 visa?
What is the difference between the K-1 visa and the K-3 visa? If you are the fiancé of a U.S. citizen, you can apply for the K-1 visa. If you are the spouse of a U.S. citizen, you can apply for the K-3 visa. Both visas are available only to partners of U.S. citizens, not green card holders.
How long does it take to get a visa interview?
embassy or consulate in the sponsored fiancé’s home country, usually about 4–6 weeks after the embassy’s initial notice . The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward.
How long does it take for a fiance to receive a visa?
Within about 30 days after the I-129F fiancé sponsorship form is approved, the sponsored fiancé will receive a notice from the U.S. embassy in their home country, including the date and location of their visa interview and a list of required documents.
How long does a form I-765 last?
This would grant you work authorization for one year.
How much does an I-129F cost?
Once Form I-129F is approved, the engaged partner of the U.S. citizen is required to do a medical exam. The cost for the exam varies by provider, but $200 is typical.
Can a green card sponsor a K1 visa?
The sponsoring partner must be a U.S. citizen . U.S. green card holders (permanent residents) are not eligible to sponsor a fiancé for a K1 visa.
Do I need to file an I-765 for work authorization?
Yes, but you will need to apply for work authorization by filing Form I-765 (Application for Employment Authorization) before you can work. Like the K-1 visa, this employment authorization is only valid for 90 days, starting from the day you arrived in the U.S..
What is a K visa?
The K visa category was established in 1970, during U.S. involvement in the Vietnam War. The U.S. military required that Vietnamese citizens who wished to marry a U.S. soldier obtain both an exit visa from the Vietnamese authorities and an immigrant visa from the U.S. Embassy. Obtaining these documents was a time-consuming process and involved acquiring medical and police clearances for the Vietnamese citizen, and notarized Embassy certificates from the American. Many couples could not complete the process before the soldier had to depart for the U.S. When this happened, the Vietnamese citizen would be ineligible to receive a visitor visa to America as an intending immigrant. Immigrant visa numbers were also unavailable. In 1970, about 100 American-Vietnamese couples found themselves in this situation, resulting in considerable Congressional correspondence with the Embassy. On April 7, 1970, Congress passed Public Law 91-225, which amended the Immigration and Nationality Act of 1952 and created the K visa category.
How many K-1 visas were issued in 2014?
In 2014, the Department of State issued a total of 35,925 K-1 visas to fiancées of U.S. citizens. Including derivative categories—mostly for children of fiancées—a total of 41,488 visas in the K category were issued.
How does a visa interview work?
At the visa interview a Consular officer reviews the documents that both the American petitioner and the foreign fiancé (e) have submitted. The Consular officer looks for evidence of a relationship, and asks the foreign fiancé (e) questions to determine that a bona fide relationship exists. Typically, Embassies request that fiancé (e)s bring evidence of their relationship to the interview, such as photographs together, correspondence between the two, evidence of remittances to the fiancé (e), phone bills showing calls to each other, etc. Additionally income evidence is reviewed to insure that the petitioner meets the minimum income requirements. The current requirement is that the income of the petitioner meet or exceed 100% of the US poverty guidelines. In some cases a co-sponsor can be used to meet this requirement.
How to apply for a K-1 visa for a foreigner?
An American ("petitioner") begins the K-1 visa application process on behalf a foreign fiancé (e) ("beneficiary") by filing form I-129F (Petition for Alien Fiancé (e)) with United States Citizenship and Immigration Services (USCIS), along with form I-134 (Affidavit of Support). Official instructions are available from the USCIS web site, or the US Department of State web site. No attorney or other intermediary is necessary to petition someone for a K-1 visa, however some choose to hire an attorney or document preparation agency to help with the paperwork and/or facilitate the process.
How long does it take to get a visa?
The total time from filing of the initial petition to the actual issuance of a visa can vary, but recently has averaged around eight months. The length of time depends partly on the processing speed of the USCIS center that receives the visa petition, as well as availability of appointments at the Embassy or Consulate nearest to the foreign fiancé (e). Visa petitioners and their fiancé (e) can avoid unnecessary delays by making sure their applications are completely and accurately filled out, and by scheduling necessary appointments with the panel physician and the US Embassy as soon as they are eligible to do so.
What documents are required for a visa?
Both fiancées may be required to submit certain documents, such as birth certificates and ID cards , to prove their identity, as well as divorce decrees or annulment records to prove they are eligible to marry. The precise documents required are set by the Embassy in each country to reflect the documents commonly used in that country.
How long is a K-1 visa valid?
The label is placed into the fiancé (e)'s passport. It is valid for one entry into the United States within six months of the date of issuance.
What is the K-3 visa?
The K-3 nonimmigrant visa is for foreign spouses of U.S. citizens. This visa category helps spouses unite with their partners in the United States sooner because it allows foreign citizens to enter while waiting for their immigrant visa petition's approval. K-3 visa recipients can adjust their status to become permanent residents or green cardholders.
Do children of a K-3 visa holder also get status?
Yes, your unmarried children under 21 can receive K-4 visas based on your Form I-129F. However, you must include your children as dependents on your petition. You will also have to submit separate visa applications and K-4 visa fees for each child.
Form I-129F Cost
When filing Form I-129F, Petition for Alien Fiancé, with USCIS, you must submit a filing fee of $535. This starts the process. Once you’ve paid this fee, it is typically several months before there are additional K-1 visa costs. If your fiancé has children that will accompany him or her, there is no additional fee at this point.
K-1 Visa Cost
Form I-129F is a petition; it isn’t the actual application for a K-1 visa. Once USCIS approves the I-129F petition and moves the case the U.S. embassy or consulate, your fiancé may apply for a K-1 visa through the embassy or consulate. He or she will file Form DS-160 which includes a nonimmigrant visa application processing fee of $265.
Medical Exam Cost
The immigration medical exam is a required step before the consular office will issue a K-1 visa. Visa applicants must use a U.S. government-approved physician. Costs can vary significantly based on the country and doctor but run $50 to $300 in most countries.
Other Costs
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. embassy or consulate for an interview.
Adjustment of Status Cost
If your future spouse plans to stay in the United States after marriage, he or she will need to apply for permanent residence (green card). The foreign national must file Form I-485, Application to Register Permanent Residence or Adjust Status, as soon as possible to remain in status. The USCIS fee for the application plus biometrics runs $1,225.
Total K-1 Visa Costs
For the purposes of obtaining a K-1 visa, the total fees are approximately $850-$1010 for the petition, visa application and medical exam. When including the costs for adjusting status to permanent resident, the total fees are closer to $2,075-$2,325.
