What documents do I need for a K-1 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.
Can a K-1 visa holder enter the US?
Only the DHS immigration official should open this packet when you enter the United States. As 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.
How do I apply for a K-1 visa for my fiance?
The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview. Eligible children of K-1 visa applicants may apply for K-2 visas.
How to prepare for a K-1 visa interview with the NVC?
The NVC will mail you a letter when it sends your fiancé (e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé (e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
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.
Do I get interviewed after my K-1 visa is approved?
During this time, the couple files Form DS-160 (“Nonimmigrant Visa Application”) online. Once the initial application is approved, USCIS sends it to the U.S. Department of State, which will handle the rest of the process, including the interview.
What is the next step after getting married 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 does it take to get a green card after a 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.
How many days will it take to get passport after visa approval?
around 2-3 calendar daysWhen you will get your passport back after the visa interview depends on various factors such as workload, holidays, etc. It takes around 2-3 calendar days after the interview to get the passport and visa delivered.
How long does it take for NVC to schedule interview 2022?
How long does it take to get an appointment? Although NVC strives to schedule appointments within three months of NVC's acceptance of all requested documentation, this timeframe is subject to the operating status and capacity of the consular section.
How long can you stay on a K-1 visa after marriage?
90-dayThe K-1 visa cannot be extended beyond the 90-day period. If there is no marriage, the foreign citizen is required to depart the United States by the 90th day. Of course, most marriages go on as planned. Typically, the foreign citizen spouse plans to stay permanently in the United States.
Can you travel on a K-1 visa?
In regards to domestic travel or travel within the United States, you can travel throughout the United States with your K1 visa. There's nothing that prevents you from being able to travel domestically within the United States. Do not leave the United States once you enter on your K1 fiancé visa.
Which is faster K-1 visa or spouse 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.
How many K1 visas are approved each year?
In 2015 and 2016, an average of 49,000 I-129F petitions were approved. In 2017 and 2018 an average of 34,000 petitions were approved.
Major Steps in Adjusting Status After K-1 Fiance Visa Entry
In order to adjust your status in the U.S., you’ll need to 1. prepare various U.S. government forms 2. gather various documents, such as your marri...
Forms Required For K-1 Fiance Entrant Adjusting Status
The USCIS forms that you’ll need to download from the USCIS website (for free!) and fill out include: 1. Form I-485, Application to Register Perman...
Documents Required For K-1 Fiancé Entrant Adjusting Status
Along with the various forms, you will need to include the following in your adjustment of status packet: 1. Long form birth certificate. This will...
Mailing Your Adjustment of Status Packet
You can't submit the adjustment of status application to USCIS in person. Instead, it must be sent to a particular USCIS office, called a “Lockbox....
Attending Your USCIS Interview
At the interview, a USCIS officer will review your application, ask questions to make sure that your marriage is the real thing (bona fide, not a s...
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.
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.
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 an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
What form do I need to get a K-1 visa?
Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).
Where do you go for an interview with USCIS?
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
What to expect at a USCIS interview?
At the interview, a USCIS officer will review your application and documents you brought with you to prove a bona fide marriage, ask questions to make sure that your marriage is the real thing (bona fide, not a scam or fraud to get you a green card) and hopefully approve you for conditional residence.
What forms do I need to get a green card?
The USCIS forms that you'll need to download from the USCIS website (for free) and fill out include: Form I-485, Application to Register Permanent Residence or Adjust Status. This is filled out by the immigrant, and is the primary application used in requesting a green card from within the U.S.
What is the form I-131?
Form I-131, Application for Travel Document. The immigrant should fill this out and submit it if there's any chance that he or she will want to leave the U.S. before the interview. Without receiving "Advance Parole," which this form is used to request, leaving the U.S. will result in USCIS cancelling the application, on grounds that it was abandoned.
How long does it take for a green card to arrive?
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, you'll want to apply for permanent residence on Form I-751.
Where can I get a copy of my I-94?
Copy of U.S. entry documents. Include both a copy of the biographical information and U.S. visa/entry page of your passport and your I-94 Arrival/Departure Record. This is available online from the Department of Homeland Security, if you didn't receive a paper card from the Customs and Border Protection officer when you arrived.
How long does it take to get a K visa?
and the beneficiary (the person the U.S. Citizen will marry) is outside the U.S., the U.S. citizen can file an application for a fiancé (e) visa with USCIS. This is known as the K visa. This takes around 7-10 months to be approved (premium processing is not available, ...
How many times can you extend a K visa?
There is no limit to the number of times you can extend the approval, however, if you extend for too many times for reasons other than slow processing by the Consulate, the officer can question your intention to marry and not approve the extension. If the extension is denied, the K visa approval is no longer valid.
How long is a visa valid for?
You will notice on the approval notice that there is a valid from and to date, usually for a period of four month. This does mean that your approval is only valid for 4 months, however, this validity can be extended. If the application process or interview have not been completed before the end of the validity date, the applicant can contact the Consulate through email and request an extension.
How long does it take to get a visa back after an interview?
The Consulate will process the visa and you will receive the passport back with the visa in around 7 to 10 business days. The visa is usually issued for 6 months and the applicant is required to enter the United States before the visa expires.
How long does it take for an I-129F to be processed?
According to the I-129F receipt, NVC takes around 2 to 4 weeks after it’s received to process the application.
How long do you have to get married after getting a visa?
After you enter the country on the visa, you have 90 days to get married and apply for adjustment of status. If you do not get married within the 90 days , you will have to leave the country. If the applicant gets married after the 90 days, the U.S. citizen can still apply for a marriage based green card for the applicant, ...
Can you open a sealed passport packet?
The consular officer will also give you a pack of sealed documents. Do not open this packet. You have to give this packet of documents to the border patrol officer the first time you enter. Only they can open this packet. If you open it before that time, your visa will be invalid.
How long do you have to marry a foreigner on a K-1 visa?
So, let’s wrap up the discussion. Remember, after entry with a K-1 or K-2 visa, you must marry within 90 days. If you two decide not to marry, the foreign fiance can’t stay in the US and must depart before the entry expires.
What is the first step to get a visa to enter the US?
The first step is to enter the US with a K-1 or K-2 visa. This is a subtle, yet important, point because you may not be able to adjust status unless you enter with the correct visa.
What is the interview process for a green card?
This green card interview is held in a formal manner: you and your spouse sit across the table from a USCIS officer who interviews you both, verifies the information on your application, and assesses your bona fide marriage. Typical questions include:
How long does it take to get an I-485?
The average timeline for this is normally 12 months after you submit your application.
How long does it take for an I-551 to show up in the mail?
This I-551 card shows up in the mail 2-4 weeks later. With it, you continue to live in the US and carry on with your married life — starting a family, working, traveling abroad, and even applying for US citizenship in the future.
When to apply for I-485?
If you marry, your priority is to quickly apply for the I-485 Adjustment of Status for permanent Residency as soon as you have all documents ( e.g. marriage certificate).
Can I get an I-485 if I'm married?
As a rule of thumb, as soon as you marry, waste no time preparing the I-485 application (although there’s no official deadline for fiance visa applicants to be “out of status”).
How long does it take to get an EAD card?
While your Permanent Residency application is processing in the background, you get the EAD/AP card normally within 6-8 months.
Why do we ask for cards?
We ask for a variety of reasons: most of us don’t want to be bored at home waiting for our cards to show up. Can we work? Volunteer? Or how about go to school?
Can I stay in the US with a K-1 visa?
Remember, the K-1 visa expiration date becomes irrelevant after you enter. As long as you get married and send in your I-485, you’ve got full legal status to stay in the US while your green card is pending. Your I-797c letter is legal proof that you’re a “K-1 visa applicant pending Adjustment of Status”.
Can I apply for Advance Parole with I-485?
To get this card, you can simultaneously apply for the Employment Authorization and Advance Parole with your I-485 (or even after you file it). Meaning, send out forms I-485, I-131 and I-765 all in one packet.
Should I wait to file a tax return?
In any case, I’m not suggesting you wait. Instead, you should file as soon as possible when your documents are ready.
Is it legal to file an I-485 after K-1?
That’s a very interesting question because it’s a “gray area” and there’s no actual law governing when exactly you should submit the I-485 after entry with a K-1 or K-2 visa.
Can I adjust my status on I-485?
For your I-485 Adjustment of Status, the USCIS is only concerned with your marriage certificate (and if you married within the 90-day limit). As long as you’ve got a valid marriage certificate and it’s signed by the correct civil authorities, then it’s all they need to review at the moment.
Where is the visa affixed?
Your visa will be affixed inside your passport. Please verify the information contained both on the visa and on the letter stapled of the package to ensure that the information is correct. If not, please contact us.
How long does it take to get an alien card?
It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp permits employment and travel until the card arrives. You may depart and return to the US before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired. Should you wish to leave the US and your stamp has expired and you have not yet received your alien card, you should contact DHS in the US BEFORE departure to ensure permission to return to the US. Otherwise, you will not be allowed to board the plane to return to the US.
What is the form I-151?
Once you have received your immigrant visa, you must enter the United States within the visa validity period to obtain an alien registration receipt or “green” card (Form I-151 or I-551) that will allow you to live and work in the United States. You will receive your visa and a sealed packet from the courier service.
What happens if you don't file a petition to remove conditional basis?
If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically, and you will be subject to deportation from the United States.
How long can you stay in the US without a reentry permit?
Without a re-entry permit, any absence from the US of 12 months or longer, or any residence established outside the US, is considered grounds for loss of permanent resident status. Please review the rights and responsibilities of being a Legal Permanent Resident in the United States.
Do you have to open a sealed visa packet?
Do not open the sealed visa packet, you must carry it unopened to an immigration officer at a port-of-entry.
