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.
When to apply for a K-1 fiance visa after marriage?
After You Receive a K-1 Fiancé (e) Visa. 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. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.
Can a US citizen apply for a waiver for a K-1?
If the U.S. citizen fiancé has had two or more K-1 filings in the past, they may need to apply for a waiver, and the same goes if they’ve had an approved K-1 petition in the past two years. An immigration attorney can better explain the waiver for this situation.
How long after K-1 visa can I get green card?
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.
Can I apply for citizenship after 3 years of marriage?
As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. This is a significant benefit (as it normally requires five years as a permanent resident before applying for citizenship).
Can I apply for citizenship after 2 years of marriage?
Who Qualifies For Citizenship? All green card holders, as long as they meet key conditions, can apply for U.S. citizenship after five years (known as the “five-year rule”) — but those with a U.S. spouse and a green card through marriage can apply after only three years (known as the “three-year rule”).
When can I apply for citizenship after green card through marriage?
The Timeline of U.S. Citizenship After Marriage Other applicants must have permanent resident status for at least five years before they become eligible for citizenship.
Can I lose my citizenship if I divorce?
Depending on your circumstance, a divorce may affect your eligibility to become a U.S. citizen even with a green card. When you file to become a citizen, the USCIS will review your immigration file in its entirety. They may find the timing of your divorce to be suspicious.
How long does it take to get U.S. citizenship after marriage?
This process can vary in length, but for most people, it will take between 9 months and two years. If you received your green card based on marriage to a U.S. citizen, you can usually apply to naturalize and become a U.S. citizen after three years from the date you received your green card.
What is the 4 year 1 day rule for U.S. citizenship?
The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.
Do you automatically become a citizen through marriage?
Marriage to a U.S. citizen does not guarantee a green card or U.S. citizenship. Applications for U.S. green cards through marriage are scrutinized carefully, because the government takes fraudulent marriage very seriously.
How long does it take to become a U.S. citizen in 2022?
Total time to naturalize: 18.5 months to 24 months This is because some U.S. Citizenship and Immigration Services (USCIS) field offices handle applications much faster than others (see “Understanding USCIS Processing Times” below).
Can I apply for citizenship after 2 years green card?
In ordinary circumstances, green card holders must wait five years before applying to naturalize. Exceptions do exist, such as for the spouses of U.S. citizens, who can apply after three years if they have been married and living together all that time.
Can a green card holder apply for citizenship before 5 years?
You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.
What are the 5 requirements to become a U.S. citizen?
Be able to read, write, and speak basic English; Demonstrate good moral character; Demonstrate a knowledge and understanding of U.S. history and government; Demonstrate a loyalty to the principles of the U.S. Constitution; and.
Does the 2 years of conditional green card count towards citizenship?
Factoring Your Years With a Conditional Green Card Into Naturalized Citizenship Eligibility. Fortunately, for people who have spent two years as a conditional resident, those two years count as permanent residence when it comes to applying for citizenship—on one condition.
Can I apply for British citizenship after 3 years?
You can apply for British citizenship by 'naturalisation' if you: are 18 or over. are married to, or in a civil partnership with, someone who is a British citizen. have lived in the UK for at least 3 years before the date of your application.
What are the 5 requirements to become a U.S. citizen?
Be able to read, write, and speak basic English; Demonstrate good moral character; Demonstrate a knowledge and understanding of U.S. history and government; Demonstrate a loyalty to the principles of the U.S. Constitution; and.
What is the 4 year 1 day rule for U.S. citizenship?
The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.
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.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
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 Is a K1 Visa?
A K1 visa is a nonimmigrant visa that allows a U.S. citizen's fiancé to enter the United States for up to 90 days. After marriage to a U.S. citizen, a K1 visa holder can apply for a green card to become a permanent legal resident of the United States.
How long does it take to get a visa for a wedding?
Delaying your marriage. This must take place within 90 days of entering the United States. If your marriage is delayed for any reason, you might need to file for an extension.
How long does it take to get a K1 visa?
A K1 visa allows you to enter the United States once during a six-month period. You and your fiancé must make wedding plans quickly to meet the 90-day deadline this visa grants. You and your children want to move to the U.S. For many K1 visa applicants, permanent residence in the United States is the ultimate goal.
What is the G-1145 form?
G-1145 form to your application. This e-notification form is optional and authorizes the USCIS to communicate about your application by email or text.
What is Packet 4?
Schedule a physical examination. Packet 4 explains how the beneficiary should get and schedule the required exam. In addition to a complete medical examination, this should also include proof of all vaccines prior to an official interview. Request a copy of the DS-3025 form that the doctor completes, and keep this on file.
How long is a K1 visa valid?
There is no firm deadline for applying for a K1 visa, but you should plan to apply several months in advance. Once you file the petition, it is valid for four months. If circumstances prevent its approval during this time, you can apply for an extension.
How long do you have to sign a letter to marry on a K1 visa?
Both the petitioner, or the U.S. citizen, and the beneficiary, or the foreign national, should sign this statement. It should confirm that you intend to marry within 90 days of receiving a K1 visa.
What Are the Documents Required for a K1 Visa Application?
Here are the documents that you should submit when applying for a K1 visa:
How to Apply for the K1 Visa?
The fiancé visa application has a few steps that both fiances must follow. It must be first initiated by the US citizen. The US citizen must obtain permission from the US Citizenship and Immigration Services (USCIS) to bring and sponsor their foreign citizen fiancé to the US.
How Much Does it Cost to Apply for a K1 Visa?
It costs $265 to apply for a K1 visa. The amounts vary by year as well as by country due to different relationships that the US has with other countries, but the main categories for which you will be asked to pay fees are as follows:
What is the Visa K1 Processing Time?
The K1 visa processing time may vary from weeks to months. It does not have a definite length of processing time. It is most likely that it will take a few months, so plan ahead for any delays if you are planning the wedding in the US.
How Long is the K1 Visa Valid?
The K1 visa is valid for 4 months but you can extend for up to 6 months. Despite the fact that the K1 visa might be valid for this length, the couple is expected to be married within 90 days of the foreign citizen’s entrance in the US.
Can my Children Accompany me to the US With a K1 Visa?
If the foreign citizen has unmarried children under 21 years old, they can accompany the foreign citizen to go to the US for the marriage. The children of the K1 visa holder can travel to the US with a valid K-2 visa.
What Are the Next Steps After Marriage?
If the foreign citizen obtains a K1 visa and the couple gets married in the US within 90 days, then the process to adjust status to a permanent one begins. This means that the foreign citizen will become a Legal Permanent Resident of the US by getting a spouse visa.
What is the form for alien fiancé?
You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).
What form do I need to get married?
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). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.
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.
What happens if you marry your fiancé after 90 days?
This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.
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, ...
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 is eligible for the K-1 visa?
A U.S. citizen can sponsor a foreign- born individual they want to marry by bringing them to the United States on the K-1 fiancé visa. The basic K-1 visa requirements to be eligible for the visa are:
Can a same-sex couple apply for the K-1 visa?
If you’re considering the K-1 visa for you and your partner because same-sex marriage is not legal in the foreign-born partner’s country, then the K-1 visa might be a suitable option. For heterosexual couples, sometimes the couple decides to get married in the foreign partner’s country and then apply for a marriage visa for the United States. However, if same-sex marriage is not legal in the foreign partner’s country, then the K-1 is a good solution. The qualifications for a same-sex fiancé visa are the same as those for a heterosexual couple in the U.S. You still need to meet in person, and it must be within the last two years. Some exceptions can be made for some religious reasons or serious medical conditions preventing travel. You would then gather any relevant documents and evidence to demonstrate the legitimacy of your relationship. Examples of evidence include photos, emails, plane tickets, passport stamps, written correspondence, and testimony from friends or family aware of the relationship. From there, the citizen partner would file Form I-129F, Petition for Alien Fiancé with USCIS. We recommend performing these steps alongside a qualified immigration attorney to avoid any filing errors.
Can I get the K-1 visa if I’m thinking about getting married but not sure?
You really should be serious and have a strong intention to get married to your partner with the K-1 visa. If you’re on the fence, it may be better to hold off until your more sure about the relationship .
What is the minimum K-1 visa income requirement?
The minimum K-1 visa income requirement is based on the Department of Health and Human Services (HHS) 2021 poverty guidelines. The guideline is used to qualify the affidavit of support and demonstrate that the visa sponsor is capable of petitioning for their foreign fiancé and supporting any children the sponsor has, past immigrant (s) sponsored, and the K-1 spouse’s dependents.
Can my kids come with me if I have a K-1 visa?
The good news is that under a K-1 visa, the foreign-born partner’s children can obtain K-2 visas to come to the United States. The children need to be unmarried and under 21 years old to qualify. They’ll also be able to apply for green cards after the couple gets married.
How can I prepare for the K-1 visa interview?
What USCIS is looking for are illegitimate relationships or those that are just interested in getting a green card for the United States. All foreign-born K-1 applicants will need to undergo the interview so a consular officer can evaluate their intentions. You’ll be asked questions about how you met your fiancé, what sort of wedding plans are established, your fiancé’s interests and hobbies, and more. Don’t try to answer the questions with what you think is the correct answer, but instead, always be honest and truthful. If you don’t know the answer to a question, don’t lie. Say, “I don’t know” instead. In total, the interview should last about 20 minutes. The U.S. citizen partner is not required to be at the interview. You should arrive at your interview dressed appropriately and at least 15 minutes early.
What are some K1 visa questions I may be asked?
Here are some sample questions the foreign fiancé may be asked during the K-1 visa interview with the consular officer:
