Do you wish to have a destination wedding on the beaches of Hawaii or the vineyard charm of Napa Valley in the U.S.A.? If you’re a U.S. citizen and your fiancé(e) isn’t, yet your wish will be granted.
In this guide, you’ll be informed about the processes related to the K-1 visa (also known as fiancé(e) visa) that allows your fiancé(e) to enter the U.S.A and make your wedding dream come true. Here, we’ll guide you step-by-step over the timeline, I-129 processing time, and more.
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What is a K1 Visa?
K-1B visa or fiancé(e) visa refers to a special type of visa granted to the fiancé(e) of a U.S. citizen willing to get married in the U.S. After the entry of the fiancé(e) into the U.S., the marriage must take place within 90 days.
Failing to marry within the stipulated time period results in the deportation of the fiancé(e) from the U.S. It’ll be a violation of U.S. laws and regulations if the fiancé(e) does leave the country.
Who is Eligible for a K1 Visa?
The fiancé(e) must meet the following criteria to be eligible to enter the U.S. The U.S. government determines these requirements and the USCIS enforces them.
Here’s a list of eligibility requirements:
- The sponsoring partner must be a U.S. citizen and no green card holders can sponsor for a K-1 visa.
- The partners must be authorized to get married by law. If either partner has had a marriage before, supporting documents such as divorce papers, death certificates, etc. must be submitted to claim the termination of the previous marriage.
- K-1 visa is granted to same-sex partners too in the U.S., not considering the stringent laws of the fiancé(e)’s country of origin that doesn’t acknowledge same-sex marriages.
- Your emails, itineraries, photographs, traveling plans, and tickets must validate the legitimacy of your relationship.
- The partners must provide evidence of at least one personal meeting in the two years leading up to the visa application. This requirement may be waived if the foreign spouse fails to do so due to barriers posed by religious, cultural, or social norms.
- The partners must convince the authorities about their plan of marriage within 90 days by supporting documents such as a confirmation letter in writing, wedding management, invites, supplier deposits, travel plans, etc.
- The foreign fiancé(e) must confirm financial independence during her stay in the U.S. The partner or some other U.S. citizen must sponsor the fiancé(e) financially by signing the Affidavit of Support.
Please note these are some of the most basic requirements set out by the USCIS. Every case is different and special. Also, the petitioner of the K-1 visa application must be a U.S. citizen filing it on behalf of the foreign fiancé(e). You might require an immigration attorney’s assistance at any moment. Contact us now!
Documents Required for a K1 Visa
The most basic documents commonly sought in every K-1 visa application are mentioned below:
- Form DS-160: You including your minor dependents are supposed to complete an Online Nonimmigrant Visa Application (Form DS-160). Print the confirmation page and keep it for proof at your visa interview. Everyone needs a particular DS-160.
- Form I-129F: The actual petition for a foreign fiancé(e).
- A Valid passport: From your country of residence.
- Divorce or death certificates: To verify the termination of previous marriages.
- Police clearances: One from every country where you’ve lived for more than 6 months from the age of 16.
- Medical examination: From a registered physician.
- Evidence of financial support: Form I-134 which is an affidavit of support (if necessary).
- Two photographs: Two passport-style photographs of the beneficiary.
- Evidence of the relationship: Physical proof of the relationship as mentioned before.
- Payment receipts: Proof that the processing fees have been settled.
How to Apply for a K1 Visa
Follow the following steps that begin from the application process and end at your happily ever after:
Step 1 – Form I-129F
It takes anywhere from ten and a half months to nineteen months to process based on the service center that handles it.
The partner who’s a U.S. citizen must file the I-129F form with the USCIS and submit all essential documents so that the USCIS easily establishes a relationship between the U.S. citizen and the foreign fiancé(e). After two or three weeks, the USCIS sends a confirmation notice of receipt to the petitioner i.e. the U.S. citizen.
The USCIS also informs about any missing documents or additional information essential to proceed with the process of petition. Once the USCIS finds you eligible for sponsoring the visa, the I-129F form will be approved. Soon, it’ll be forwarded to the DOS NVS or Department of State (DOS) National Visa Center (NVC) for further proceedings.
Note: Avoid making errors while filing the form. You can reach us anytime to solve your doubts or issues and get expert responses to your queries.
To check the most up-to-date I-129F processing time, visit the USCIS processing time website. Thereafter, you’ll find three segments- Forms, Form Category, and finally Field Office or Service Center. Insert the details carefully.
For instance, search for the I-129F under “Forms” and the California Service Center under “Field Office or Service Center.” From there, scroll to the bottom, and you’ll find the estimated wait time next to “K-1/K-2 – Not yet married – fiancé(e) and/or dependent child.”
Step 2 – DOS Processing
It roughly takes four to six weeks after the USCIS approval.
National Visa Center forwards the USCIS-approved I-129F form to the U.S. consulate or embassy in the foreign fiancé(e)’s country of residence so that they can apply for a K-1 nonimmigrant visa there, only if the fiancé(e) lives outside the U.S. Moreover, Form DS-160 must be submitted by the foreign fiancé(e) along with paying the consular processing fees.
Step 3 – Letter From the Embassy or Consulate
It takes around two to four months to receive a letter from the embassy or consulate after the reception of the case.
A letter will be sent by the U.S. embassy or consulate stating the ways the foreign fiancé(e) schedules their nonimmigrant visa appointments. It includes a medical exam and visa interview.
Later, after the notification, the foreign fiancé(e) applies for a K-1 nonimmigrant visa and faces the scheduled interview with every essential document in hand.
Step 4 – K-1 Visa Interview
The K-1 visa interview is mostly scheduled within one to three months by the embassy or consulate. However, the whole process is indomitably affected by the pandemic which results in a huge backlog of applications.
The embassy or consulate workload chiefly determines the wait time between the appointment scheduling and the visa interview. The foreign fiancé(e) attends the interview with no companion, not even the fellow partner (U.S. citizen).
Once the visa interview ends successfully and the consular officer approves the foreign fiancé(e) K-1 nonimmigrant visa (of course after the final approval of the U.S. government), the foreign fiancé(e) can enter the U.S. for the wedding that must happen within 90 days.
Step 5 – Inspection at a Port of Entry
The approved visa doesn’t ensure smooth entry into the U.S. The foreign fiancé(e) must take admission at the port of entry. A Customs and Border Protection officer will decide whether to admit the foreign fiancé(e) or otherwise at the airport or border. Remember that the K-1 visa is a single-entry visa, valid for six months that ensures that the foreign fiancé(e) can travel to the U.S. within the said time frame.
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Step 6 – Marriage
With God’s grace, if everything goes well, the marriage must happen within 90 days. Once the wedding is done, the U.S. citizen can file an I-485 form for Adjustment of Status (AOS) for the foreign spouse. With the AOS application, the foreign spouse becomes eligible to request work and travel permit documents to work legally and travel in and out of the U.S. while the green card petition is pending. After the USCIS approves the AOS petition, the foreign national will receive a green card and become a permanent resident in the U.S.
What are the different fees involved in the K-1 visa?
The various fees involved in the K-1 visa are of two types:
- Filing fees and
- Fees involved in gathering required documents or evidence.
Filing fees include two forms:
- Form I 129F – Petition for Alien fiancé – Fees $535
- Form DS – 160 – Online Nonimmigrant Visa Application $265
Other fees involved in gathering documents
- Medical exam fee – It depends on your country of residence and can range between $50-$300.
- Translation charges (if any) – Varies based on the case.
- Miscellaneous expenses – Travel costs, photography costs, etc. Differs depending upon the case.
Family Members of K-1 Beneficiary
Unmarried children (under 21) of K-1 beneficiaries can get K-2 nonimmigrant status from their parents as long as applicants include them in the petition.
If they accompany their parent, a separate petition isn’t required.
Difference Between Marriage and Fiancé(e) Visa
Marriage visa and Fiancé(e) visa are poles apart. The former takes several months for an I-130 approval and additionally one year to get an approved immigrant visa. While, the latter doesn’t require similar demands as that of the marriage visa, to be fulfilled. The process of petition, time limit, and interview queries are quite contrasting, considering both forms.
You can take the assistance of an experienced immigration attorney to get detailed clarity on any issue. Call us now!
Conclusion
To summarize, the K-1 visa or fiancé(e) visa specifically grants entry to the U.S. citizen’s foreign fiancé(e) in the United States for the purpose of marriage. A series of steps to be followed to gain the approval of the U.S. embassy or consular or the U.S. government to enter the U.S.
There’ll be hurdles in between either in the form of documentation or interview fear. To avoid these barriers, you’ll need a third party like h1bvisajobs.com that can provide you with a legal and experienced immigration attorney who’ll mentor you in every step of your immigration. Both your money and precious time will be saved if you seek our assistance. Trust us because we’ve experience in this field for more than 20 years in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.
K-1 Visa Process Frequently Asked Questions
Here you’ll get answers to the most frequently asked questions:
What is NVC Processing Time?
NVC processing time can vary based on the individual case and the workload at the National Visa Center. Once the NVC receives the approved I-129F petition from the USCIS, it will send instructions to the foreign fiancé(e) to complete the necessary forms and submit the required documentation.
After the NVC receives all the necessary documents, it will schedule an interview at the U.S. embassy or consulate in the foreign fiancé(e)’s country. The NVC processing time can take several weeks to several months depending on the complexity of the case and the workload at the NVC. It’s important to keep in touch with the NVC and follow their instructions carefully to ensure a smooth and timely process.
Can my fiancé/fiancée work in the U.S. with a K1 visa?
Upon entering the United States on a K1 visa, your fiancé or fiancée may apply for work authorization by filing Form I-765, which permits them to legally work while the adjustment of status is in progress. This application for employment authorization is essential for your fiancé/fiancée to obtain lawful employment and engage in lawful business activities in the United States.
The Form I-765 can be filed concurrently with the I-485 application for adjustment of status or at any time while the adjustment of status application is pending. It’s important to note that the processing time for Form I-765 may vary and can take several months, so it’s advisable to apply as soon as possible to avoid delays in obtaining work authorization.
Can we get married outside of the United States with a K1 visa?
Definitely no.
You can’t get married outside of the U.S. with a K-1 visa as the sole purpose of this visa is to permit foreign fiancée entry into the U.S. for marriage only with a U.S. citizen.
Can we apply for a K1 visa if we meet online?
No, an online meeting cannot qualify you for applying the K-1 visa. You must present sufficient proofs that validate your bona fide relationship.
Do my children need to file separately for their adjustment of status?
Definitely yes. Separate applications for Adjustment of Status for your children must be filed respectively. Your Adjustment of Status application doesn’t encompass your children.