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.
What is a k 1 visa?
The K-1 visa application and its supporting documents must show that:
- The U.S. ...
- The Petitioner intends to marry the foreign national Fiancee, called the “Beneficiary”, within 90 days of his or her entry into the U.S.
- Both the Petitioner and the Beneficiary are legally able and eligible to marry
- If either party was previously married, all prior marriages have been legally terminated by divorce, death, or annulment
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 a K-1 visa?
The K-1 visa, more commonly referred to as the fiancé (e) visa, permits a U.S. citizen’s fiancé (e) to enter into the country for the purpose of marrying them within 90 days of stepping foot on U.S. soil. There are many K-1 visa benefits, which we’ll explore extensively in this post.
What is visa Type K?
What Is a K-1 visa? A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.
How long can you stay on a K-1 visa?
6 monthsThe DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry.
What is K or V visa?
October 2018) The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course.
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 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 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 are the 4 types of visa?
Probably one of the four main types: tourist, immigration, student, or work.
What are the 4 types of immigration status?
To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented. The characteristics of each status are explained below.
What are the 3 types of immigration?
When immigrating to the US, there are four different immigration status categories that immigrants may fall into: citizens, residents, non-immigrants, and undocumented immigrants.
Is it hard to get a K-1 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 do I qualify for a 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 to get a green card after 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.
Is V visa still available?
While U.S. immigration law still includes a provision for the V visa category for qualified spouses and children (under age 21) of U.S. lawful permanent residents (LPRs), we do not foresee that any V visas will be issued, since potential applicants will not meet the criteria explained below.
Can I work on V visa?
Can a V Visa Holder Obtain Employment and Travel Outside the United States? A V visa holder is authorized to work in the U.S. and travel outside of the U.S.. However, they must obtain an Employment Authorization Document first, which permits visitors to temporarily work in the U.S..
What is the V non immigrant visa?
The V visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.
What is K4 visa?
The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.
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.
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 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.
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 are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
Do you open a sealed K-1 visa packet?
Embassy or Consulate. It is important that you do not open the sealed packet.
Can I apply for a K visa for my child?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen fiancé (e) filed on your behalf, but your U.S. citizen fiancé (e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
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 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 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 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.
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.
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.
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.
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.
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 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.
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.
Can a spouse file for a K-3 visa?
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.
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.
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.
Overview
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is there…
Background
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 Ameri…
Process of applying for a K-1 visa
Before filing for a K-1 Visa a couple must have seen each other in person within 2 years prior to the filing. It is important to collect evidence of having met in person prior to filing and include this evidence with the petition. Failure to provide evidence of having met in person can result in a RFE (Request for Evidence) later in the process.
An American ("petitioner") begins the K-1 visa application process on behalf a foreign fiancé(e) (…
Requirements for a K-1 visa
Both fiancées must be eligible to be lawfully married in the state of residence of the petitioner. For example, at the time the visa petition is filed, as well as at issuance, they must both be of legal marriageable age, and not already married to each other or to anyone else. Some individuals, such as those with certain untreated communicable diseases, those who have committed crimes of moral turpitude, those who are addicted to illegal drugs, persons who were previously deporte…
Related visa categories
The unmarried children, under 21 years old, of a K-1 visa beneficiary can also immigrate with their parent. Because such children derive their immigration status through a parent, they are known as derivative applicants, and are issued a K-2 visa. (The precise definition of a "child" for immigration purposes is complex, taking into account the various permutations of adoptive, stepparent, and half-sibling relationships that are possible.) Derivative children may either immigrate at the sam…
Fraud considerations
Because the K-1 visa leads to immediate immigration, and eligibility for employment, in the United States, it is considered to be a high fraud visa category. To partially address these concerns, Congress passed the Immigration Marriage Fraud Amendments of 1986, which placed a two-year conditional period on a foreign spouse's permanent residency. Dissolution of the marriage within those two years can lead to removal of the foreigner's permanent residency status.
International Marriage Broker Regulation Act
In response to concerns about domestic violence, Congress passed the International Marriage Broker Regulation Act in 2005. The act requires that persons granted a K visa be given a brochure detailing the rights and protections for foreign spouses in the United States, and requires that American petitioners who have been convicted of certain crimes of violence, abuse or multiple crimes involving drugs declare this on the petition, among other things. If two or more K-1 visa p…
See also
• 90 Day Fiancé, a show where K-1 visa applicants are documented