Visa-Faq.com

when can fiance visa apply for citizenship

by Flavie Schroeder Published 2 years ago Updated 2 years ago
image

As a green card holder married to a U.S. citizen
U.S. citizen
Section 1 of the Fourteenth Amendment provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The language has been codified in the Immigration and Nationality Act of 1952, section 301(a).
https://en.wikipedia.org › wiki › United_States_nationality_law
, a foreign national must wait three years before being eligible for naturalization. However, a naturalization applicant can apply for naturalization 3 months before becoming eligible for naturalization.

Can I apply for U.S. 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 before 3 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”).

How long does it take to get citizenship after marrying someone?

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.

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.

Does marrying a U.S. citizen give you citizenship?

If you marry a U.S, citizen, you won't be eligible for U.S. citizenship right away. But you might become eligible for a U.S. green card (lawful permanent residence), which can lead to U.S. citizenship.

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.

Do you automatically get a green card when you marry a U.S. citizen?

The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.

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 90 days before 3 years?

You may file Form N-400 ninety (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 U.S. citizen.

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.

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.

How do I get Philippine citizenship through marriage?

To qualify for this visa, the applicant must prove that: He contracted a valid marriage with a Philippine citizen. The marriage is recognized as valid under existing Philippine laws. There is no record of any derogatory information against him in any local or foreign law enforcement agency.

How long does a fiancé stay in the US?

Fiancé (e) status automatically expires after 90 days and cannot be extended. Your fiancé (e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé (e) does not depart, they will violate U.S. immigration law.

How long does it take to get married to your fiancé?

Filing for Your Fiancé (e) Generally, you may file this petition if you and your fiancé (e): Are legally free to marry and intend to marry within 90 days of your fiancé (e)’s admission to the United States; and. Have met each other in person within the two years immediately before you filed this petition, unless you establish that either: ...

Can I file an I-130 for my spouse?

You may also file this petition if you have filed or are filing Form I-130, Petition for Alien Relative on behalf of your spouse and want them to enter as a nonimmigrant to await the immediate availability of an immigrant visa and to file for adjustment of status.

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.

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. ...

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 obtain the fiancé visa?

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

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.

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 happens if I file an I-129F?

Once USCIS approves the I-129F petition, the U.S. Department of State will have additional fiancé visa requirements. USCIS will transfer the case to the National Visa Center (NVC). The beneficiary (foreign fiancé) will need to submit the following items to the NVC or U.S. embassy that is requesting them:

What information does the consular officer ask for?

The consular officer may ask for additional information, such as photographs and other evidence of a bona fide relationship with the U.S. citizen.

How long is a passport valid for?

Passport valid for at least six months beyond intended period of stay in the U.S.

Does USCIS require I-129F?

USCIS may require additional items based on the petitioner’s answers in Form I-129F. For more detailed guidance on evidence, read evidence to submit with Form I-129F. When you prepare your petition through CitizenPath, we will generate personalized filing instructions based on your specific situation. In addition to a ready-to-sign petition, you’ll know exactly which items to submit in your petition package. We even guarantee your success.

Can a permanent resident file a K-1 visa?

The first step toward obtaining a K-1 visa is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé. Unfortunately, a permanent resident cannot file Form I-129F. Therefore, the petitioner must either become a U.S. citizen through naturalization or get married outside the United States and then petition the spouse for an immigrant visa.

Is it worth getting a green card for a fiancé?

The journey through all the fiancé visa requirements can be exhausting at times. But if you’ve found the right partner, it’s totally worth it. Fortunately, the entire journey to a green card (and U.S. citizenship) is spread out. You don’t have to do everything at once. Plus, CitizenPath is here to make it easy and affordable. Get started on your fiancé visa petition.

How long does it take to get an adjustment of status?

Once the adjustment of status application is submitted, it is necessary to wait for the immigration agency to approve the petition. Often this can take five months.

When does the clock start ticking for naturalization?

Once the adjustment of status application is approved, the clock starts ticking for when naturalization can be sought.

What happens if a USCIS petition is denied?

If your petition is denied, you should receive a notification from USCIS that includes an explanation of the reasons for denial along with information on how you can appeal the decision.

What is the process of bringing a fiancé to the US?

The process of bringing your fiancé to the United States can be lengthy, as it involves US Citizenship and Immigration Services ( USCIS ), the US State Department ( DOS ), and US Customs and Border Protection ( CBP ). There may be multiple background and security checks conducted on both parties, including screenings through databases for criminal history and national security using fingerprints, biographic information, and other biometric services.

How long does it take for a spouse to get a green card?

If you petition for a Green Card less than two years after getting married, USCIS will approve conditional permanent residency with a Green Card that’s valid for just two years (a standard Green Card is valid for 10 years, by comparison). Your spouse will eventually need to petition to remove the conditions on their permanent residency by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days before their Green Card expires.

How long is a K-1 visa valid for?

The visa packet is valid for up to six months for a single entry into the United States.

What is a passport style photo?

A passport-style photograph (in color) of the foreign fiancé taken in the last 30 days . A passport-style photograph (in color) of the US citizen taken in the last 30 days. Evidence of your US citizenship – a copy of your US passport, US birth certificate, naturalization certificate, Consular Report of Birth Abroad, ...

How to apply for alien fiance?

The first step in the application process is to complete and submit Form I-129F, Petition for Alien Fiancé. In addition to Form I-129F, your petition packet will need to include the following documentation:

How much does it cost to get a green card for spouse?

Your spouse will need to complete and submit this form to USCIS, along with all of the necessary evidence, documentation, and filing fees ($750 – $1,225). After USCIS receives the application packet, your spouse will need to complete a Green Card medical exam and an interview with a USCIS officer at the nearest field office.

How long does it take for a fiancé to get a visa?

After a successful interview, the fiancé is awarded a visa stamped in their passport to allow them to travel to the United States within a period of six months. The period is calculated from the date of the approval of the initial I-129F form.

How long does it take for a sponsored spouse to get a green card?

The sponsored fiancé must make arrangements to travel to the United States. The marriage has to take place within 90 days. The final step of the process is to apply for a green card. The green card application should be sponsored by the initial petitioner of the K 1 Visa who is presumably their legal spouse.

What Happens If The Couple Does Not Marry Within 90 Days?

If the couple does not marry within 90 days, the fiancé loses their visa holder status and will no longer be eligible to stay in the United States. The fiancé cannot use their status to marry any other person other than the US citizen sponsor, neither can they adjust status by changing their visa to other forms of visas.

What happens if a visa expires?

If the 90 days elapse without the couple getting married, the visa expires. An expired visa renders the stay of the foreign fiancé in the U.S. invalid , and they may have to go back to their country- unmarried. It is vital that while going through the visa process, every requirement for qualification of the visa should be observed and met.

What is a K-1 visa?

Definition. A K-1 visa is also known as a fiancé (e) visa or the nonimmigrant visa application. It grants a foreign national entry into the U.S. to get married to a U.S. citizen fiancé. Once the foreign fiancé crosses over to the U.S, the l aw requires that the couple gets married within 90 days. If the 90 days elapse without ...

Can a US citizen marry a foreign national?

When a U.S. citizen marries a foreign national outside the U.S., and the couple decides to settle back in the United States, the US citizen fiancé may petition for their partner to join them by filing Form I-130. On the other hand, when an engaged couple wishes to get married in the United States, the U.S. citizen may file Form I-129F to sponsor their fiancé to the U.S.

Is a fiancé considered a legal marriage?

It is also important to note that the word fiancé is used to describe all genders, male or female and that the US recognizes same-sex marriages as legal marriages.

How Does a Fiance Visa Work?

If your fiance is granted a K-1 visa, you must get married within 90 days of their entry to the United States .

Who Is Eligible for a Fiance Visa?

A K-1 visa will allow you to bring your foreign spouse to the United States. However, you must meet eligibility requirements. You may apply for a fiance visa if:

How Much Does a Fiance Visa Cost?

In total, you can expect a fiance visa application to cost about $2,025. However, additional fees may apply. Between filing fees, the medical exam, and legal counsel, the entire process of applying for a fiance visa can cost up to $5,000.

What if a Foreign Fiance Has Children?

Unmarried children under age 21 may accompany a parent traveling to the United States on a fiance visa. The only requirement is that they be legally recognized as the petitioner’s children. Children of an alien fiance may enter the U.S. on a K-2 visa. Children eligible for a K-2 visa include:

What if You Don’t Get Married?

If for whatever reason, you do not marry your fiance within the allotted 90-day period, your fiance will need to leave the country immediately when the K-1 visa expires. Any dependants will also lose their visa status and have to leave the country.

What is a K-1 visa?

A K-1 visa, also called a fiance visa, is issued to a fiance of a United States citizen. It grants an immigrant lawful entry into the country to marry the U.S. citizen petitioner. Eligibility requirements, fees, and time limits apply, and you’ll need to know them before filing the K-1.

How long does it take to get a fiance visa?

From start to finish, it can take about a year to get a fiance visa. Processing times may vary. Errors, conflicting information, or missing documents resulting in a request for evidence may delay your application process.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9