A K-1 visa, commonly known as a fiancé visa, enables an engaged American citizen’s partner to enter the country as long as the wedding takes place no later than 90 days after entering. The newlywed couple can submit an application for legal permanent residence (a “green card”) based on their union. Your all queries like how to apply for a k-1 fiance visa, what will i need for a fiance visa k-1, what is a k-1 fiance visa process etc. are sorted out in this article.
Who is eligible for a K-1 fiancé visa?
A K-1 fiancé visa must be granted if all of the following conditions are met:
- In addition, you or your fiance must be a citizen of the United States.
- You and your fiance intend to marry within 90 days of arriving in the United States on your K-1 visa.
- You and your fiance can lawfully wed in the US, and your previous unions were ended officially through divorce, demise, or annulment. K-1 visas are available for same-sex couples.
- You have met your fiancé at least once within the two years before applying. You can ask to waive this requirement for an in-person meeting if doing so would go against your religious or cultural traditions or if it would be complicated.
- You can demonstrate the validity of your relationship. Evidence from the start of your relationship up until your engagement can be used to prove this.
- The household income of your American fiancé is at least 100% of the Federal Poverty Guidelines. They must provide a supplemental Form I-864 or Form I-864A with their application if their income is less than this amount.
How to Apply for a k-1 fiance visa
Step 1: Form I-129F
The U.S. citizen fiancé must submit Form I-129F to USCIS as the initial step for a qualified couple. This form’s main objective is to demonstrate the legitimacy of the partnership.
The following proof documents must accompany the filled form:
- The fiancée’s citizenship documentation (copy of a passport, certificate of naturalization, or birth certificate)
- Passport photo of the supported partner
- Evidence that the relationship is real (photos, correspondence, sworn statements from friends and colleagues, etc.)
- Evidence of at least one in-person meeting during the two years before filing the form (flight itineraries, hotel itineraries, photos, correspondence, etc.)
- Sworn declarations written by both partners have their signatures, describing the nature of their bond and their intent to get married within 90 days of the sponsored fiancé’s arrival in the country. Providing the original, signed declarations is usually preferred and keeping duplicates for your records.
- A copy of any previous Form I-94 arrival-departure record is provided to the sponsored fiancé.
- Two passport-style photos: one of the American citizen engaged and the other of the sponsored fiancé.
USCIS will generally provide a receipt letter within 30 days of the form and supporting documentation being submitted at the proper address. If USCIS needs additional information, they may potentially make a Request for Evidence (RFE). USCIS will send an approval notice following USCIS’s approval of Form I-129F.
Step 2: File Form DS-160
Now, USCIS has sent the case to the U.S. Department of State. After the I-129F fiancé sponsorship form is approved, the sponsored fiancé will receive a notice from the American embassy in their nation with details on the date, time, and location of their visa interview as well as a list of required documents.
The sponsored fiancé must complete the State Department’s online DS-160 form (officially known as the “Online Nonimmigrant Visa Application”). Since this is a legitimate K-1 visa application, printing the confirmation page after submitting the form online is essential.
Next, the State Department requests the following paperwork:
DOCUMENTS OF SPONSORED FIANCÉS
- Two passport-sized images
- Birth registration
- Authentic, current passport
- Having a police clearance from any country where you have lived for more than six months since you were 16
- Closed medical examination form (obtained through a physician abroad who is authorized by the State Department)
US FIANCÉ DOCUMENTS FOR CITIZENS
- Statement of support (Form I-134)
- recently filed tax returns
- A record of the connection (copy of the approved I-129F package initially filed with USCIS)
Step 3: Attend your visa interview
The American embassy or consulate stated on the notice you received from the National Visa Centre is where your visa interview will be held. This will most likely be at the embassy or consulate in the foreign fiancé’s home country, and it will happen 4-6 weeks after you receive the notice. At the visa interview, only the alien fiancé is required to appear. Typically, the interview is painless and quite simple.
Step 4: Fly to the United States and get married!
The sponsored fiancé has six months to enter the country when all requirements have been satisfied, and the K-1 visa has been granted, starting from the day the initial I-129F form was accepted.
Upon arrival, the pair has 90 days to get married before the sponsored fiancé loses their K-1 status. If the couple chooses against getting married, the sponsored partner will not be permitted to stay in the country and must depart immediately.
The K-1 does not permit a transition to a different temporary visa, unlike other visas (F-1, H-1B, etc.). Also prohibited is the “adjustment of status” from a K-1 visa to a green card based on union with someone other than the initial sponsor, a U.S. citizen. The K-1 visa is only intended to allow the sponsored fiancé to enter the country and marry the sponsoring fiancé within 90 days.
The last stage is applying for a marriage-based green card after being married, which will be sponsored by the spouse who first sponsored the K-1 fiancé visa.
How long does it take to get a K-1 fiance visa?
K-1 fiance visa processing time is given below:
A K-1 visa application takes an average of 7 months to process. This excludes the time, which varies depending on the nation from where you apply, from the moment the government authorizes your application to the day of your interview.
K-1 Visa Cost
A K-1 visa costs about $1000 in total.
The price range for a K-1 visa is as follows:
$535 is the cost to the government for Form I-129F. The three accepted payment methods are money orders, cashier’s checks, and personal checks. Using Form G-1450 (“Authorization for Credit Card Transactions”), you can pay with a credit card if you file at a USCIS lockbox. If sending a check as payment, make it payable to the Department of Homeland Security of the United States.
After Form I-129F is granted, the U.S. citizen’s engaged partner must undergo a medical examination. Depending on the provider, the exam can cost up to $200.
The final cost is $265 for the actual K-1 visa application. This cost is often paid at the interview. Still, it’s vital to carefully read the time and location requirements included in the embassy’s interview notice as they may change depending on the applicant’s home country.
These costs do not account for additional expenses like interpreting and reproducing your documents and getting necessary ones like your birth certificate.
What Can a K-1 Visa Holder Do While in the United States?
- Residing in the US with your fiancé(e) for the duration of the K-1 visa’s validity. When you successfully apply for the fiancé visa and visit the United States, you will have 90 days to get married. You are permitted to live in the country at this time with your fiancé, who is a citizen of the country. You can choose to get married anywhere in the US and move around the country with your partner while you’re there.
- After being married, applying for full permanent resident status. Before beginning this process, you must be wed and live in the United States. Then, you will have to fill out an application for Form I-765, which typically takes two months to process. While the work authorization document is being processed, you cannot work. You won’t be allowed to start working until your application has been thoroughly reviewed and accepted.
- Bringing dependents into the United States. Any dependents who wish to go to the United States with the K 1 visa holder must be mentioned and named on the initial petition, even if the U.S. citizen who filed the initial petition does not need to submit a separate form I-129F petition for each dependent. In addition, applicants must be unmarried kids under the age of 21 who are K2 visa holders and the children of a K 1 applicant who has been approved. They must also undergo a medical exam and appear in person for the consular officer interview at the embassy.
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