How To Apply K1 Visa – To start the consular process based on marriage, the couple must be legally married as described below. In scenarios where a couple is married but not married, it makes more practical sense to obtain a spouse visa (also known as a K1 visa) instead of a marriage visa. In general, the couple must have met in person within two years before the immigration process begins. Unlike marriage-based petitions, a marriage visa can only be filed by a US citizen; they are not available to US permanent residents.

Immigration for a spouse visa (K1 visa) follows the same pattern as marriage-based visas. A US citizen petitioner begins the process by filing a Form I-129F with the alien spouse(s). Permanent residents of the United States are not eligible to file such an application. Spouse visa petitions undergo the same initial review process by USCIS as marriage petitions described above. Historically, married couple visas are processed in a much shorter time frame than marriage-based applications. At the time of writing, a decision can be expected within two to four months.

How To Apply K1 Visa

How To Apply K1 Visa

Once a spouse’s visa is approved by USCIS, the process differs slightly from marriage-based petitions. Spouse visa cases are sent directly to the appropriate US consulate abroad without first being sent to the National Visa Center (NVC). This direct line to the consulate can save time given the strict documentation requirements imposed by the NVC. The U.S. consulate will send a letter to the foreign applicant outlining the documentation requirements for their application. However, unlike the marriage visa, these documents are not issued until the applicant arrives for a personal interview at the consulate. Although the spouse visa is technically categorized as a nonimmigrant (temporary) visa, the application is usually processed by the consular section responsible for immigrant (permanent) visas.

How To Apply For Fiancee Visa ?

In spousal visa cases, the U.S. petitioner does not file the I-864 financial support communication until after the foreign spouse enters the United States. Indeed, the consulate is expressly prohibited from requesting Form I-864. Instead, the consulate may – and often does – require the filing of an optional Form I-134 Support Petition. Like Form I-864, this document is filed by a U.S. citizen petitioner who promises to provide financial support to his or her foreign spouse. Unlike Form I-864, courts have held that Form I-134 is not an enforceable contract.

Once the K1 visa is approved at the US consulate – unlike in cases based on marriage – the spouse visa process is not complete. After entering the U.S. on a spousal visa, couples have 90 days to legally marry. This 90-day limit is strictly enforceable and subject to jurisdiction. If the marriage ends in time, the alien spouse seeks permanent resident status in the United States and files an I-485 to adjust status. At this stage, the US petitioner submits the I-864 Financial Support Agreement at the same time.

An adjustment of status application is usually scheduled for an interview at the USCIS Field Office, but approval is sometimes granted without an interview. The time from application to interview is the same as discussed in the next section below. Since the spouse visa does not provide a work permit, the foreign spouse must apply for a work permit at the same time as the permanent residence. The work permit must be issued within three months, and in any case, the spouse is allowed to work after the permanent residence application is approved.

The International Marriage Broker Regulation Act (IMBRA) imposes additional requirements on couples who meet through a paid facilitator. Enacted to address violence against “mail-order brides,” IMBRA imposes strict disclosure requirements on both international marriage brokers and US-based applicants who meet their prospective suitors through such services. IMBRA exempts culturally or religiously sanctioned matchmaking organizations, as well as dating services that are not primarily aimed at facilitating international dating. Additionally, IMBRA imposes criminal limitations on the US applicant. In most family-based immigration contexts, although strict criminal standards are imposed on the foreign national, the applicant’s background in the US is irrelevant. In the husband context, however, certain crimes committed by the US petitioner—including documented violence and stalking—must be disclosed and documented. An applicant with such a prior conviction may request a waiver before the application can move forward. Finally, IMBRA imposes rules on the number of successive fiance applications that a US citizen can file without seeking special permission to file. In some scenarios where a US citizen sponsors multiple foreign fiancees, the sponsoring spouse is later notified of this history by the State Department.

The Differences Between A Marriage Visa And A Fiancé Visa — Adebimpe Jafojo P.c.

After your I-129F petition is approved by USCIS, your case will be forwarded to the Department of State (DOS) and the US Consulate in your spouse’s home country. In this section, I provide a high-level overview of what this looks like from a procedural perspective. Most of the details you have to deal with are the same…

Congratulations! You have carefully considered each of the eligibility and grounds of inadmissibility and you have decided to proceed with the marriage. (You did that, didn’t you? If not, go back to the previous section.). Now it’s time to do the heavy lifting required to put together your successful package. For this and subsequent steps, you can basically divide…

Mandatory USCIS filing fees must accompany the application or petition at the time of filing. If you do not include the application fee, the case will simply be returned to you and not submitted. Here are some pointers to get the filling done right. Historically, USCIS has only accepted personal checks, money orders, or cashier’s checks. Recently…

How To Apply K1 Visa

Spouse visa / K1 visa. To start the consular process based on marriage, the couple must be legally married as described below. In scenarios where a couple is married but not married, it makes more practical sense to obtain a spouse visa (also known as a K1 visa) instead of a marriage visa. In general, a couple should be …

Usa Fiancee (k1) Visa Thread

I wish I had a dollar for every time a K-3 visa client gets confused. But the confusion is understandable. Basically, Congress created the K-3 visa category as a way for couples to reunite without having to wait for a long spousal visa. K-3 visas should be available after spousal divorce…

It’s just a fact – marriage and spousal (e) visas take a long time. The process begins when the US petitioner files an I-130 (marriage) or I-129F (marriage(e)). Once the application is submitted, you can wait for its approval. Until recently, the turnaround time for initial approval was two to six months. For this reason, this…

It is common to choose between a marriage-based visa or a spousal (e) (I-129F, K-1) visa. Let’s look at the advantages and disadvantages of each. But first, we’ll look at what the two processes look like, since they differ significantly. Marriage-Based Visa Process Let’s start with some terminology. When you start making…

In this article in the Tacoma News Tribune, I argue that if the fiance visa program becomes more difficult, Americans will suffer. After the violence in San Bernardino, there was talk of cutting the fiance (e) visa, but behind every fiance (e) visa is a US citizen who wants to be with their significant other.

Please Please Please Help Me. K 1 Fiance Visa Denied.

All Sound Immigration attorneys are members of the American Immigration Lawyers Association. They only use immigration law to help families start a new life in the United States.

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How To Apply K1 Visa

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K 1 Visa Timeline, Fees, And Requirements

Non-necessary cookies are any cookies that are not specifically required for the website to function and are used to collect user personal data through analytics, advertisements, and other embedded content. It is mandatory to obtain user consent before running these cookies on your website. A K-1 visa, also known as a fiance visa, is a nonimmigrant visa that allows the foreign spouse of a US citizen to enter the United States. through marriage and eventually becomes a permanent resident (LPR).

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