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what is the fiance visa process

by Fernando Hagenes IV Published 3 years ago Updated 2 years ago
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Top 10 Things You Should Know About the Fiance Visa Process

  1. You are required to be a United States Citizen. You, as the one filing the petition with USCIS , must be a US Citizen. ...
  2. You must intend to marry each other. In order to obtain a K1 visa you must be able to show USCIS that you and your fiancé intend to marry ...
  3. Meeting Requirement. ...
  4. The U.S. ...
  5. Previous Fiance Visa Cases Can be a Problem. ...

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The foreign fiancé completes a visa application (Form DS-160), submits it online (or according to the local consulate's instructions), and pays the $265 visa fee. The foreign fiancé goes to an interview at the U.S. Embassy or consulate, and presents any requested documents during the interview.

Full Answer

How long before filing fiance visa?

Before filing for a fiancé visa, a couple must typically have seen each other in person within the previous two years. The foreign partner applying for the fiancé visa must marry their U.S. citizen partner within 90 days of entry, or depart the United States.

What are the steps of the Fiance 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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What are the requirements to get a fiance visa?

The fiance visa UK requirements in 2022 are as follows:

  • The application must be submitted from outside the UK
  • There must be an intention for the applicant and sponsor to marry in the UK
  • There must be an intention to settle in the UK
  • The fiance visa UK financial requirement must be satisfied
  • The fiance visa UK relationship requirements must be satisfied

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How long does it take for the Fiance Visa?

Usually this is available between 2 and 5 days after the interview, but in some cases could take up to a month. For tips on expediting your fiance visa, go here. Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing.

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How long does a fiancé visa take to get?

7 monthsThe processing time for a K-1 fiancé visa application currently averages 7 months. Note this does not include the time from when your application is approved to your interview date, which differs based on the country you're applying from.

What is the step by step process of fiancé 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!

Do you have to be engaged to apply for a fiancé visa?

Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.

What is the requirement for fiancé visa?

Understanding the requirements for a K-1 fiancé 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 fiancé 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 is the easiest way to bring a fiancé to USA?

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).

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 much does fiancé visa cost?

Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.

How long can you stay on a fiancé visa?

6 monthsAs the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas. With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

How hard is it to get a K1 fiancé 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 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 does fiancé visa cost?

Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.

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 it take for a K-1 visa to be approved?

Regarding the K1 visa processing time, it takes about 8 months to 1 year to get your K1 visa. Once you are in the United States on your K1 visa, it takes about another 7 to 9 months to get your green card and become a permanent resident.

How long does it take to get a fiance visa?

How does the fiance visa work? Undergoing the fiance visa process will allow you to come to the United States within 6 months of the visa approval. Once you enter the US, you will have 90 days to marry your fiance. Once you are married, you can apply for lawful permanent residence and thus obtain the right to live and work in the United States. Your fiance visa application on its own does not entitle you to a green card. However, foreign nationals married to US citizens can, through their marriage, eventually become full US citizens.

How long to get a fiance visa to the USA?

With COVID-19 restrictions, this processing time has been extended, and it may take upwards of 20 months for an approval of your fiance visa.

How to get a fiance visa subsidiary K-2 visa?

Their names must be included in Form I-129F, Petition for Alien Fiance. They must remain unmarried and under 21 in order to receive a nonimmigrant K-2 visa. K-2 visa holders cannot enter the United States before the K-1 fiance visa holder.

Can you work on a fiance visa?

Theoretically, as the fiance of a US citizen, you have the right to work during the 90 days before you and your partner get married. However, in order for you to work, you have to file Form I-765, Application for Employment Authorization. It will routinely take USCIS upwards of two months to process the application, meaning that by the time you receive your Employment Authorization Document (EAD), you may no longer be eligible to work because your nonimmigrant K-1 status will have expired.

What is the next step in the K-1 visa process?

The medical exam, the next step in the K-1 fiance visa process, will determine whether the foreign national is inadmissible to the United States on health-related grounds , such as drug addiction or communicable diseases that are a threat to public safety. The exam will be conducted by an approved medical practitioner.

Can a green card holder file for a fiance visa?

If your partner is a lawful permanent resident, you can get married and then apply for a marriage-based immigrant visa, but you cannot apply for a fiance visa.

Steps Of The US Fiance Visa Process

A Fiance Visa (category K1, K2) allows an unmarried American petitioner to bring over a foreign partner to the US for marriage.

What Are The Steps To Apply?

The first step is to ensure the US Citizen and the foreign beneficiary qualify for the K visa. Of the several requirements, the two most-important are: to have personally met face-to-face within the last 2 years, and be free to marry (single, divorced, widowed, annulled, etc.).

The Fiance K Visa Interview

To prepare, the applicant must gather proper documents before scheduling and appearing for the interview. Among the important ones are: The DS-160 online form, the Medical exam report, the Police Clearance, a valid passport, birth certificate, and the I-134 Affidavit of Support.

The Green Card Process

An approved visa allows the beneficiary to travel, with a single-entry visa, to the US and marry their engaged petitioner. The marriage must happen within the US and the allotted 90 days. If both of these rules aren’t followed, it could mean deportation or voidance of the K visa.

How long does it take to get a fiance visa?

You should receive the actual fiance visa within one week of the interview. However, sometimes this wait can be longer. 10. Once you come to the United States you will have 90 days to get married to the U.S. Citizen.

How long can a fiancé stay on a visa?

Your fiancé has violated the terms of his or her U.S. visa in the past. Overstaying a visa by more than 180 days for example can cause your fiancé to not be able to obtain a fiancé visa for 3 years.

What is the income requirement for a fiancé?

( At the fiancé visa stage your income will need to be at least 100% of the federal poverty line.

Why is my fiance's visa denied?

Bonus tip: another reason fiance visa cases are denied is due to non-compliance with the International Marriage Broker Regulation Act (IMBRA). This act was enacted in 2005 but was really not enforced by USCIS until fairly recently. You must comply with this act or your case will be denied.

How long to wait to file a weaker case?

If your evidence is not strong enough it can and should be made stronger prior to filing the case. It is much better to wait an extra 30 days, obtain more evidence and file a much stronger case then it is to file a weaker case early.

How to obtain the fiancé visa?

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

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 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.

Can I get same sex visa as opposite sex spouse?

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...

Can a spouse get a K-3 visa?

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.

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.

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 are some examples of ineligibilities for a visa?

Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

What is a fiancé visa?

Fiancé (e) visas are issued to the fiancé (e) of a citizen in order for them to enter into the country and subsequently get married. In order to establish this classification, the U.S. citizen in the relationship must file an I-129 Petition for Relative or Fiancé (e) with USCIS.

How long does it take to get married on a K-1 visa?

Has the K-1 visa been issued? At this point, the foreign fiancé (e) is able to enter the U.S. and has 90 days from the point of arrival to get married to the U.S. sponsor. From there the foreign-born spouse can prepare for an adjustment of status to permanently work and live in the country.

How long does it take for USCIS to process a petition?

Within two to three weeks of submitting the form, the USCIS will send the petitioner (U.S. citizen) notice of receipt to confirm that it has received the petition. The USCIS will review the form and may also notify the petitioner if they need additional information and documentation to process the petition.

Where to forward I-129F?

The NVC will continue the process by forwarding the approved I-129F to the U.S. consulate or embassy in the country where the foreign fiancé (e) resides so he or she can apply for a K-1 nonimmigrant visa there. The foreign fiancé (e) will need to submit the DS-160 form and pay the consular processing fees.

What is the I-129F form?

The form must be submitted along with all required supporting documents. I-129F form is used to establish the relationship between the U.S. citizen and the foreign fiancé ( e).

How long does it take to get an I-129F?

Both the receipt of notice and adjudication of the I-129F form takes around 5-7 months. However, it could be longer, especially if the petition is not filed correctly or there are certain missing items. It is best to pay attention to details when filing the form so you can avoid unnecessary delays.

Can a foreign fiancé get a K-1 visa?

If after the visa interview, the consular officer is convinced that the foreign fiancé (e) qualifies for the visa, then the K-1 nonimmigrant visa will be granted. Once the visa has been approved, the foreign fiancé (e) can then start preparing to travel to the U.S.

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