What is a K-1 visa for a foreign citizen?
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 is a K-3 nonimmigrant 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...
How much does it cost to apply for a K visa?
He or she will file Form DS-160 which includes a nonimmigrant visa application processing fee of $265. Each person that wants to travel to the U.S. on the K visa will need to a submit an application and pay this fee.
What forms do I need to apply for a K visa?
Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline. Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant) Medical examination (required for each K visa applicant; costs vary from post to post)
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.
Who qualifies 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 the K visa take?
approximately 6 to 9 monthsAfter filing the required I-129F form, Petition for Alien Fiancé with USCIS, there are several steps to acquiring the K1 fiancé visa. However, the processing times vary but on average, it takes approximately 6 to 9 months to obtain a K1 visa.
How can I get K 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 a K-1 visa cost?
K-1 Visa Cost The total cost for a K-1 visa is roughly $1000. Here is a breakdown of K-1 visa costs: The government's required fee for Form I-129F is $535. An applicant may pay with a money order, cashier's check, or personal check.
How long does it take for a K-1 visa to be approved?
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.
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 ...
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 are the 4 types of visas?
Which type of visa do you need? Probably one of the four main types: tourist, immigration, student, or work.
Why would a K-1 visa be denied?
There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.
What happens after K-1 visa 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.
How long does the K2 visa process take?
around 4 to 6 monthsIt usually takes around 4 to 6 months for the US Embassy to process K2 visa. The validity of a K2 visa is 90 days within which the applicant must file a petition for immigration (permanent resident status). K2 visa holders are allowed to go for studies as well as gain lawful employment in the United States.
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 does a K3 visa take?
about 19 monthsK3 Visa Processing Time K-3 visa processing, on average, takes about 19 months. This is just about as long as it takes USCIS to approve the marriage green card application. Because of this lengthy processing time, most people find that it's not worth it to apply for a K-3 visa.
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.
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.
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.
What is a K visa?
K nonimmigrant visas – For U.S. citizen fiancé (e) and spouse for immigration related purposes. Refer to Immigrant Visa Categories.
What determines what type of visa is required?
The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate.
What does a consular officer determine when applying for a visa?
When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate. ALL / ALL /.
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.
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.
