What are the steps for 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 long does K1 process take?
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 is the K-1 visa process 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.
Is getting a K-1 visa difficult?
While the K1 visa application may be difficult, the overall process and approval can be made faster and easier with the assistance of a capable legal representative.
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.
Do K1 visas get 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.
Can my fiancé visit while waiting for K-1 visa?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.
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 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 often do fiancé visas get denied?
According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants. And while eventually many of them are able to overcome the initial denial, some do not.
Why would a fiancé visa be denied?
Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.
What percentage of fiancé visas are approved?
Gain an advantage when applying for your fiancé visa It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
Why is K-1 visa taking so long?
Significant delays could occur if you or your fiancé(e) has a criminal history, questionable background checks, or a previous immigration violation. Another requirement is the need for a medical check. If your foreign fiancé has issues during his/her medical exam it will further delay your K1 visa issuance.
How long does it take for a fiancé visa to be approved?
The 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.
Can my fiancé visit while waiting for K-1 visa?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.
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 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.
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).
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.
What is the first step in the K1 visa process?
The first step in the K1 visa process is to make sure that you are eligible for a K1 visa. There are 4 main K1 visa requirements: Petitioner must be a U.S. citizen. Both the U.S. citizen and the foreign fiancé must be free to marry.
How long does it take to get married on a K1 visa?
You and your fiancé must get married within 90 days of the foreign fiancé’s arrival to the United States.
What is the next step after I-129F?
After the Form I-129f is approved by USCIS, the next step is for the foreign fiancé to file a Form DS-160. The DS-160 is the Online Nonimmigrant Visa Application. The form is submitted electronically with the Department of State.
How long does it take for a foreigner to get a green card?
Following a successful adjustment of status interview, the foreign fiancé should receive their green card within a few weeks.
Can you be inadmissible for immigration?
You cannot be inadmissible for immigration. Certain criminal issues, health issues, etc. can make you inadmissible.
Can a K1 visa be used for a green card?
Through the K1 visa process, the fiancé of a U.S. citizen can come to the U.S. and apply for a green card. The K1 visa is a very powerful visa option, however, the K1 visa process has many steps that must be carefully followed. Failure to follow the steps can result in delay of your case or even a denial.
What is the duty of a fiance visa?
For fiance visa applicants, the primary duty of the NVC is to perform background checks and assign a Case Number to you. This becomes an important identifying number from now on.
Why are fiance visas delayed?
These are crucial for a successful interview because according to the US Department of State figures, most fiance visa applicants are delayed because they aren’t prepared with proper documents at the time of the interview.
What happens when USCIS receives your case packet?
When the USCIS receives this packet, they will process your case and review your details for eligibility.
What is an I-485?
The I-485, Adjustment of Status, is a packet you prepare and send to the USCIS after marriage showing that you two are married and want your partner to live in the US.
How much is the I-129F?
This application is a full set of forms, supporting documents, evidence of relationship, and payment fee ($510 US D as of October 2nd, 2020) that you send to the US Citizenship and Immigration Services ( USCIS ).
How long does it take to get an I-129F?
The I-129f processing time generally takes between 3-5 months, which is the toughest part because the excited couple has to sit and wait patiently to hear back from the government.
What does it mean to submit an I-129F petition?
Submitting a great I-129F Petition shows the government you’re serious about your relationship and receiving approval. If you want to cut through all of the misinformation and uncertainty, check out Prem’s step by step guide to getting your I-129F approved and without delay.
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.
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 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 I get a fiancé visa if I'm already married?
This process can take several months for an i-130 approval and an additional year for an approved immigrant visa. Notice that these processes are in fact very different so you cannot apply for a fiancé (e) visa if you are already married. An immigration attorney can better explain your options if you’re in this situation.
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 are the Requirements for Obtaining a K1 Fiancé Visa?
In order to obtain a K1 fiancé visa, you must meet a number of requirements. First, a foreign national must be the fiancé of a US citizen. A US permanent resident cannot sponsor a fiancé for a K1 visa. Second, the US citizen and foreign national fiancé must have met in person within two years of filing the K1 fiancé visa petition. This requirement can be waived in certain circumstances, such as when there are cultural reasons that the couple did not meet prior to the engagement. Third, the couple must plan to marry within 90 days of the foreign national fiancé’s arrival in the United States. Finally , the foreign national fiancé must not be subject to any immigration bar s, such as criminal conviction or fraud based bars.
What Forms and Documents are Required for a K1 Fiancé Visa?
There a number of form and documents you will need to submit to obtain a K1 fiancé visa, both in your initial petition with USCIS and when you move on to the stage of processing your case as the US embassy abroad.
How long does it take to get an I-129F?
When you filed the I-129F petition with USCIS, you will receive a notice of receipt within two to three weeks indicating that your petition has been received and is in processing. While there is no set time for this stage of the K1 fiancé visa petition, the USCIS stage of the process typically takes three months. Once USCIS completes the processing of the I-129F petition, you will receive notice that the case has been forwarded to the National Visa Center.
What is the I-129F form?
I-129F: The I-129F is the sent to USCIS in your initial filing. The form notifies the government that you intend to bring your foreign national fiancé to the United States with the intent to marry and adjust status.
What is the Processing Time for the K1 Visa?
It takes USCIS approximately 6-8 months to process form I-129F. From there your application will move to the National Visa Center (NVC) for a background check. This takes about 2-4 weeks. The application then moves to a U.S. consulate. You can expect it will take about 3-5 months for your fiancé (e) to have their visa interview.
Overview of the K1 Visa
The K1 Visa allows the foreign fiancé (e) of a U.S. citizen to enter the U.S. with the intention of getting married. Once married, your new spouse can apply for a Green Card through the Adjustment of Status process. This will allow them to receive their Green Card from within the United States.
Process of Applying for a K1 Visa
File form I-129F, Petition for Alien Fiancé (e). You will need to include supporting evidence related to the requirements outlined above. Once filed, you can expect that it will take USCIS 6-8 months to approve it.
Issues with K1 Visa Processing Time and Possible Solutions
There are several factors that can have an impact on your K1 visa timeline. Some of these factors may be out of your control. There are some steps you can take to minimize potential delays.
Conclusion
A K1 visa allows a U.S. citizen to sponsor their foreign fiancé (e) so they can travel to the United States. You must then marry within 90 days of their arrival. Once married, your new spouse can apply for a Green Card through the Adjustment of Status process.
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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.
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.
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, ...
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.
