Are you ready to take the next step in your relationship and start a new chapter as a married couple? If you’re married to a U.S. citizen, applying for the K1 Marriage Visa could be your ticket to happily ever after in America. In this blog post, we’ll break down everything you need to know about the K1 Marriage Visa process and how it can help bring you and your spouse together in the land of opportunity. Let’s dive in!
Looking for a committed immigration lawyer? I am here for you. Contact me.
Introduction to the K1 Marriage Visa
The K1 marriage visa, also known as the fiancé(e) visa, is a nonimmigrant visa that allows foreign citizens to enter the United States for the purpose of marrying a U.S. citizen. This visa is specifically designed for couples who are not yet legally married but plan to do so within 90 days of entering the U.S. The main requirement for obtaining this visa is being engaged to a U.S. citizen and having plans to get married in the foreseeable future.
The K1 marriage visa provides a streamlined path for foreign citizens who are engaged to U.S. citizens to enter and stay in the U.S legally. It is important to carefully follow all steps in the application process and provide accurate information to avoid any delays or denials. If you are considering applying for this visa, it is recommended that you seek guidance from an experienced immigration attorney for assistance throughout the process.
We recommend you to see this article: A Guide to Adjustment of Status Through Marriage
Eligibility Requirements for the K1 Marriage Visa
To be eligible for a K1 marriage visa, there are certain requirements that both the foreign national and their US citizen partner must meet. These requirements include:
1. The petitioner (US citizen) must be legally able to marry: The first eligibility requirement for a K1 marriage visa is that the petitioner must be legally free to marry. This means they must not already be married or in a legally recognized relationship such as a civil union or domestic partnership.
2. Proof of meeting in person within the last two years: In order to prove that your relationship is genuine and not just for obtaining an immigration benefit, you and your fiancé(e) must have met in person at least once within the past two years before filing for the K1 visa.
3. Intention to marry within 90 days of entry: As mentioned earlier, one of the main conditions of this visa is that you and your fiancé(e) intend to get married within 90 days of entering the US with this visa.
4. Financial sponsorship: The US petitioner must meet certain financial requirements to show they can support their fiancé(e) during their initial stay in the US without relying on government assistance.
5. Both parties must be legally eligible for marriage: While same-sex marriages are now recognized by law in all states, there may still be restrictions based on age or other factors depending on where you plan to get married.
6. Clean criminal record: Both parties will need to submit police clearance certificates from any country they have lived in since turning 16 years old.
Avoid costly mistakes in your immigration process. Let me guide you! Visit my website.
Step-by-Step Guide on How to Apply for the K1 Marriage Visa
In order to successfully apply for the K1 marriage visa, there are specific steps that need to be followed. Here is a detailed guide on how you can go about applying for this visa:
Step 1: Determine Your Eligibility
Before beginning the application process, it is important to make sure that you meet all of the eligibility requirements for the K1 marriage visa. Some of these include being legally married or engaged, intending to marry within 90 days of entering the United States, and both parties being eligible for marriage according to U.S. laws.
Step 2: File Form I-129F
The first official step in applying for a K1 marriage visa is filing Form I-129F, also known as Petition for Alien Fiancé(e). This form must be filed by your U.S. citizen spouse with United States Citizenship and Immigration Services (USCIS) and includes personal information about both spouses as well as proof of their relationship.
Step 3: Wait For Approval
After submitting Form I-129F, USCIS will review your petition and determine if you meet all necessary requirements. If approved, they will forward your case to the National Visa Center (NVC), which will then send it to the U.S Embassy or Consulate in your home country.
Step 4: Complete Additional Forms And Gather Documents
Once your case reaches the embassy/consulate in your home country, you will need complete additional forms including Form DS-160 (Nonimmigrant Visa Application) and Form I-134 (Affidavit of Support). You will also need to gather various documents such as a valid passport, birth certificates, and evidence of financial support.
Step 5: Attend The Visa Interview
Once all necessary forms and documents are completed, you will be required to attend an interview at the embassy/consulate. During this interview, a consular officer will review your case and determine if you meet all requirements for the K1 marriage visa.
Step 6: Receive Your Visa And Travel To The United States
If approved, you will receive your K1 marriage visa and can then travel to the United States. Upon arrival, you have 90 days to get married and apply for Adjustment of Status to obtain permanent residency.
We recommend you to see this article: Prepare For Marriage Green Card Interview With These Most Frequently Asked Questions
Documents Required for the K1 Marriage Visa Application
Here are the key documents that you will need for your K1 marriage visa application:
1. Proof of Relationship: This is perhaps the most crucial document for your application. You will need to provide evidence that you have a genuine relationship with your U.S. citizen partner, such as photographs together, letters or emails exchanged, proof of joint activities or trips, etc.
2. Form I-129F: This is the official petition form that must be completed by your U.S. citizen partner and submitted to USCIS (U.S. Citizenship and Immigration Services). It includes information about both partners, their relationship history, and their intent to marry within 90 days of entering the U.S.
3. Proof of Eligibility: As the applicant for a K1 visa, you will need to prove that you are legally eligible to enter into a marriage with your U.S. citizen partner. This includes providing evidence of being single and free to marry, such as divorce decrees or death certificates if either party was previously married.
4. Valid Passport: You must have a valid passport from your home country with at least six months validity remaining beyond your intended stay in the U.S.
5. Birth Certificate: A certified copy of your birth certificate is required to verify your identity and date of birth.
6. Police Clearance Certificate(s): You may be required to provide police clearance certificates from any country where you have lived for more than six months since turning 16 years old.
Need help with your case? Contact our legal experts today and get the best services.
Processing Time and Fees for the K1 Marriage Visa
To begin with, you will have to pay a non-refundable application fee of $265 to the U.S. Citizenship and Immigration Services (USCIS). This fee is required when filing Form I-129F, Petition for Alien Fiancé(e), which is the first step in obtaining a K1 visa. Once your petition is approved by USCIS, it will be sent to the National Visa Center (NVC) where you will have to pay an additional processing fee of $265.
After NVC receives your petition, they will forward it to the appropriate U.S. embassy or consulate in your home country. Here you will have to pay a visa application fee of $265 along with any other applicable fees such as medical examination costs or document translation fees.
Apart from these government fees, there may also be other costs involved in the process such as travel expenses if you need to visit another city or country for medical exams or interviews. Additionally, if you choose to hire an immigration lawyer to assist with your application process, their services may also come at an extra cost.
As mentioned earlier, processing times can also vary depending on individual circumstances. For example, if there are any issues with your petition or if additional documents are requested by USCIS or NVC, this can delay the process significantly. It’s also worth noting that the U.S. embassy or consulate in your home country may have a backlog of visa applications, which can add to the overall processing time.
If you found our article useful, please share it with someone who might need it. And don’t forget to follow us on Facebook and Instagram and check out all our services at rodriguezmartin.com
