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How To Apply For Us Visitor Visa – The K-1 visa, also known as a fiance visa, is a nonimmigrant visa that allows the foreign-citizen fiancé of a US citizen to enter the United States to marry and eventually become a permanent resident (LPR) through the marriage green card process. .
For applications filed today, the average processing time for a K-1 petition (Form I-129F) is 6 months. This estimate is based on analysis of partners Track My Visa Now. After the Form I-129F is approved, USCIS may take four to six weeks to forward the case to the National Visa Center (NVC).
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U.S. Citizenship and Immigration Services (USCIS) publishes historical application processing times every three months. According to their latest release, the wait time for a K-1 visa is approximately 13.3 months.
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The 2-year rule is a critical part of the K-1 visa process. It is designed to ensure that the relationship between the US citizen and foreign-citizen fiancee is genuine by providing evidence that the couple met in person at least once within two years before filing Form I-129F. This does not mean that couples have to be in a relationship or know each other for two or more years; This means that before you can send in your K-1 visa forms, you must have proof that you have physically met.
Despite the challenges of meeting in person during a pandemic, online meetings, video chats and phone calls do not meet this need. However, there are some exceptions to this rule. If meeting in person would conflict with religious or cultural traditions or cause severe hardship to the foreign-citizen fiancé(e), the rule does not apply.
If a US citizen and their foreign-citizen fiancé(e) have not met within the previous two years, they may request a waiver of the 2-year rule. This request must be submitted with Form I-129F and must include evidence that arranging the meeting is extremely difficult or impossible.
The government required fee for Form I-129F is $535. Applicants may pay by money order, cashier’s check or personal check. If you are filing at a USCIS lockbox facility, you can pay by credit card using FormG-1450 (“Authorization for Credit Card Transactions”). If paying by check, make the check payable to the US Department of Homeland Security.
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Once the Form I-129F is approved, the engaged partner of the US citizen must complete a medical examination. The cost of the test varies by provider, but $200 is typical.
Finally, the actual K-1 visa application fee is $265. This is usually paid at the interview – but it is important to check the specific instructions about the time and place of payment contained in the embassy interview notice, which may vary by home country.
These fees do not reflect additional costs such as translating and copying your documents and obtaining necessary documents such as your birth certificate.
Obtaining a K-1 visa in the U.S. Becoming a permanent resident is just the first step in For more, check out our guide on the total cost, timeline, and process for adjusting status from a K-1 visa to a marriage green card.
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The K-1 fiance visa allows a US citizen to sponsor their foreign partner to enter the United States legally. Each partner must prove that they plan to marry within 90 days of the foreign fiance’s arrival in the U.S.
Note: Same-sex partners are eligible to apply for a K1 visa, regardless of whether the laws of the sponsoring fiance’s home country allow for same-sex marriage.
Approximately, 1 in every 5 applications for K1 fiancé visas will be rejected in 2022. Out of a total of 48,118 applications received, USCIS denied 9,462, which is about 20%. In the most recent data for the fourth quarter of last year, the rejection rate was 16%.
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The first step in the process of obtaining a K-1 visa is for the US citizen fiance to file Form I-129F (“Appeal for Alien Fiance(e)”) with USCIS. The aim of this form is to prove that the relationship is valid.
After submitting the form and supporting documents to the appropriate address, USCIS will usually send a notice of receipt within 30 days. USCIS may send a Request for Evidence (RFE) if they need more information. After the Form I-129F is approved, USCIS will send an approval notice.
At this point, USCIS hands over the case to the US State Department. After the I-129F Spouse Sponsorship Form is approved, the sponsored spouse will receive notification from the US Embassy in their home country, including the date and location of their visa interview and a list of required documents.
The visa interview takes place at the nearest US embassy or consulate in the sponsored fiancé’s home country, usually about 4-6 weeks after the embassy’s initial notification.
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The interviewing officer usually makes a decision on the case on the same day of the interview or shortly after. If they need additional proof, they request that it be submitted directly to the US consulate.
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Once the requirements are met and the K-1 visa is approved, the sponsored spouse is issued a lump sum
Upon arrival, couples must marry within 90 days, or the sponsored spouse will lose their K-1 status. If the couple chooses not to marry, the sponsored partner is not eligible to remain in the United States and must leave the country immediately.
Actively Addressing Gaps
Unlike other visas, the K-1 does not allow conversion to another travel visa (F-1, H-1B, etc.). Original U.S. It also prohibits anyone other than a citizen sponsor from “adjusting status” from a K-1 visa to a marriage-based green card. The sole purpose of the K-1 visa is for the sponsored spouse to enter the United States to join the sponsoring spouse and marry within 90 days.
After marriage, the final step is to apply for a marriage-based green card, sponsored by the same partner who originally sponsored the K-1 fiance visa. Check out our overview of the marriage green card process, as well as our start-to-finish guide for spouses of US citizens living in the United States.
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In FY 2022, USCIS received 48,118 applications for Form I-129F (the first step in the concerned visa process) and denied 9,492 (19.7%).
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Yes, but you must apply for work authorization by filing Form I-765 (Application for Employment Authorization) before you start working. Like the K-1 visa, this employment authorization is only valid for 90 days, beginning on the day you arrive in the U.S.
If you choose to apply for permanent residence after your arrival and Form I-485 (Application to Register Permanent Residence or Adjust Status), you can include Form I-765 with your application. It gives you work authorization for one year.
If my partner is a green card holder and not a US citizen, can I still apply for a K-1 visa?
No. K-1 visa to the U.S. Open to citizen fiances only. If your partner is a green card holder, they can only apply for your entry if you are already married.
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After you enter the U.S. on a K-1 visa and marry your spouse, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident. A guide has been prepared to suit your condition, so you can understand the next steps in the process.
If you are in the U.S. If the fiancé of a citizen, you can apply for a K-1 visa. If you are the spouse of a US citizen, historically you could apply for a K-3 visa. In recent years, the K-3 visa has been issued on a case-by-case basis. A common route for married couples when one partner lives abroad is the CR-1 spousal visa, which is available to partners of US citizens and green card holders.
According to USCIS, consular posts are authorized to prioritize K visas. For the latest information, visit your nearest U.S. You should check the website of the embassy or consulate.
Your U.S. If a civil partner has filed a Form I-129F (Alien Fiance(e)) for you and this petition is set to expire, you can extend the form and avoid filing a new petition.
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