The United States of America is one of the most populous countries in the world; people from other parts of the world like to travel for business, study, tourist, family reunions, etc.
Here, we will emphasize fiancé and fiancée visa in the United States of America.
I know you will be surprised to hear about this type of visa, but don’t be discouraged. You will understand as you read further.
What then, is a K1 visa? It is an immigrant visa issued to the fiancé or fiancée of a US citizen so that they can marry the US citizen within 90 days of arriving in the United States. It is the first US visa that a foreign citizen marrying a US citizen must have to adjust the status to become a Legal Permanent Resident (LPR).
The Eligibility Criteria for K1 Visa:
To get a US K1 visa you must fulfill the following criteria:
- Be engaged to a US citizen.
- Have the intention to marry within 90 days of them entering the US.
- Have proof of your relationship before the engagement.
- Get married according to the US laws while you are in the United States on a K1 visa.
- You and the US citizen must have met in person at least once in the past two years.
- Exceptions to this requirement will be granted if you can prove that the US citizen faced extreme hardship to come and visit the foreign citizen fiancé. Extreme hardship can be proved on conditions of culture, customs, or other factors.
The Require Documents for a K1 Visa in United State of America:
The eligibility criteria as mentioned above is quite different to the documents required for this K1 visa, However, bellow are the documents that you must submit when applying for a K1 visa:
- Valid passport for more than 6 months after your intended stay in the US.
- Two recent US visa photographs according to the Photo Requirements.
- Form DS-160 confirmation page and code.
- Interview schedule letter.
- Approved Form I-129F.
- Criminal background documents.
- Divorce or death certificates in case of a previous marriage.
- Evidence of the relationship with the US citizen.
- Medical examination documents (and optional for vaccination documents).
- Proof of payments of fees.
- Proof of health insurance coverage
How to Apply for the K1 Visa?
The fiancé visa application has a few steps that both fiancés must follow. It must be first initiated by the US citizen. The US citizen must obtain permission from the US Citizenship and Immigration Services (USCIS) to bring and sponsor their foreign citizen fiancé to the US.
If USCIS grants this permission, then the foreign citizen fiancé must apply for the actual K1 visa.
K1 Visa Application Process:
After the approval of Form I-129F, you can start your K1 visa application. This must be completed by the foreign citizen in a US Embassy or Consulate in their country of residence, by following these steps:
- Complete Form DS-160.
- Schedule the US Fiancé visa interview.
- Complete medical examinations.
- Compile your document file.
- Attend visa interview.
Complete Form DS-160:
US nonimmigrant visas, including the K1 visa at hand, are applied for using Form DS-160, Online Nonimmigrant Visa Application. The form will ask for your name, address, date of birth, nationality, and the reason(s) for your trip to the United States. A confirmation page and code will be provided after you submit the form.
Schedule the US Fiancé visa interview:
If you are between the ages of 14 and 79, you will be required to attend a visa interview. The interview cannot be finished without first being scheduled. If the Embassy or Consulate you’re applying to is busy, you may have to wait too long, so make an appointment as soon as possible. A letter confirming the interview’s details will be sent to you after you set it up.
Complete medical examinations:
A medical examination conducted by a licensed physician is required for all visitors to the United States, regardless of age, who intend to apply for a US immigrant visa. The doctor is responsible for writing up the report detailing any health problems. It is recommended that the fiancée get the required vaccinations for entry into the United States in preparation for their upcoming wedding and subsequent application for permanent residence.
Compile your document file:
When you go in for your interview at the US Embassy, you must present the K1 visa required documents.
Attend visa interview:
You will be expected to present your documentation and answer any questions the interviewers may have during the interview. The interviewer may also inquire as to your background and your relationship to the US citizen.
Some Likely Questions About K1 Visa in USA:
The following are some of the questions that people do asked when it come to the issues of K1 visa:
It’s expensive to Apply for a K1 Visa?
It costs $265 to apply for a K1 visa. The amounts vary by year as well as by country due to different relationships that the US has with other countries, but the main categories for which you will be asked to pay fees are as follows:
Petition fee for the Form I-129F.
Form DS-160 submission fee.
Medical examination fees.
Other costs related to filing documentation and translation.
What Are the likely thing that may occurs After Marriage?
In order to adjust status to permanent resident status, the foreign national must obtain a K1 visa and then get married within 90 days of entering the United States. This means the foreign national will be able to obtain a spouse visa and eventually become a Lawful Permanent Resident of the United States.
Form I-485 is the first step in the process. The foreign national will have conditional status with the CR-1 visa for the first two years of the marriage, and then can obtain unconditional status with the IR-1 visa.
What if the Couple Does Not Marry After 90 Days?
If the K1 visa holder enters the US and does not marry, then they cannot extend their fiancé visa. The K1 visa holder should then leave the US and return to their home country. If the K1 visa holder does not return, they could face deportation and legal consequences.
Can my Children Accompany me to the US With a K1 Visa?
All of the foreign citizen’s unmarried minor children under the age of 21 are welcome to join them in the United States for the wedding. A K-2 visa allows the K-1 visa holder’s minor children to accompany them to the United States.
The fiancé’s minor children do not require separate petitions filed with USCIS, but the US citizen must make note of them on Form I-129F. Each child must submit a separate K-2 visa application after the petition is approved. After the marriage, the children can apply for adjustment of status to become permanent residents.
How Long is the K1 Visa Valid?
The K1 visa is valid for 4 months but you can extend for up to 6 months. Despite the fact that the K1 visa might be valid for this length, the couple is expected to be married within 90 days of the foreign citizen’s entrance in the US.
Can I Work With a Valid K1 Visa?
Your fiancé, who must be a US citizen, must show financial stability to sponsor your K1 visa and keep you in the country. But since you’re getting married and beginning the process of adjusting your status to a permanent one, you can start making plans to work now.
Before you can begin looking for work, you need to submit an application to USCIS for an EAD using Form I-765. If your application for a K1 visa is successful, you will be able to get a Social Security number (SSN) and work in the United States during the time that your visa is valid.
Why Does a K1 Visa Application Get Rejected?
There are various reasons that this could happen, and some of them might be:
- Involvement in criminal activities in the past (ex. drug trafficking).
- You have submitted falsified documents.
- You have overstayed in the US on a previous visa or broken other visa rules.
If you do not fulfill these conditions, you could be notified that you are ineligible for the K1 visa.
What is the Visa K1 Processing Time?
The K1 visa processing time may vary from weeks to months. It does not have a definite length of processing time. If you’re planning a wedding in the United States, allow a few extra months to account for potential complications.
Only after you get your K1 visa can you start making travelling plans, since if your visa is denied, you might end up not using any tickets purchased up to that point.
Now that you have gotten your US K1 Visa. Congratulations for your marriage in advance. And incase you have question(s) where you don’t understand, please don’t hesitate contact us or drop your comments in our contact us page, we are here 24/7 to attend to your questions and comments for any observation.
Have a nice day.