K-1 Visa Conditional Permanent Residence

1. What is a K-1 Visa?


A K-1 Visa is a nonimmigrant visa that allows the fiancé(e) of a United States citizen to enter the United States for the purpose of getting married. After the marriage, the individual may apply for lawful permanent residence (green card) in the United States.

2. Who is eligible for a K-1 Visa?


A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a U.S. citizen to enter the United States. To be eligible for a K-1 visa, the foreign fiancé(e) must demonstrate that:

1. The couple has met in person within two years of filing the petition.
2. The couple has a good faith intention to marry each other within 90 days of the foreign fiancé(e)’s entry into the United States.
3. The petitioner is a U.S. citizen legally able and willing to marry the foreign fiancé(e) and provide proof of financial support.
4. The foreign fiancé(e) is legally free to marry the U.S. citizen and has all necessary documents for legal entry into the United States, such as a valid passport.

3. How long is a K-1 Visa valid for?


A K-1 visa is valid for six months.

4. What documents do I need to apply for a K-1 Visa?


To apply for a K-1 Visa, you will need to submit a completed Form I-129F, Petition for Alien Fiancé(e). Additionally, you will need to provide the following documents:

• Proof of U.S. Citizenship (copy of birth certificate, current passport, or naturalization certificate)
• Evidence of a bonafide relationship between you and your fiancé(e) (proof of in-person meetings and correspondence over the past two years)
• Your fiancé(e)’s passport-style photos
• Proof of termination of any previous marriages
• Medical examination records
• Financial support documents
• K-1 Visa application fee
• A copy of your fiancé(e)’s birth certificate
• A copy of your fiancé(e)’s police clearance certificate

5. How long does it take to obtain a K-1 Visa?


The total processing time for a K-1 visa can vary depending on individual circumstances, but it typically takes between 6 and 12 months.

6. How much does a K-1 Visa cost?


The total cost for a K-1 visa application is $535. This cost includes the $350 filing fee for the I-129F Petition for Alien Fiancé(e) and the $185 fee for the DS-160, Non-immigrant Visa Electronic Application. Applicants must also pay a visa application processing fee, which varies depending on their country of origin. Additionally, applicants should budget for translation and authentication fees if they are submitting documents in a language other than English or in a non-U.S. format.

7. What is the difference between an immigrant and a nonimmigrant visa?


An immigrant visa is for those who wish to live permanently in the United States, whereas a nonimmigrant visa is for those who wish to stay in the United States for a short period of time. An immigrant visa allows the individual to apply for a green card and eventually become a citizen, while a nonimmigrant visa does not.

8. What are the requirements to travel on a K-1 Visa?


The requirements to travel on a K-1 Visa are:

– You must have a U.S. citizen fiancé(e) who is sponsoring the visa.

– You must have met your fiancé(e) in person in the past two years.

– You must have a valid passport.

– You must have all of the required documents and forms necessary for the visa application.

– You must demonstrate that you can financially support yourself and/or your dependents while in the United States.

– You must pass a medical examination.

9. How do I enter the U.S. on a K-1 Visa?


To enter the United States on a K-1 visa, you must first file Form I-129F, Petition for Alien Fiance(e). This form is available on the U.S. Citizenship and Immigration Services (USCIS) website. After filing the form, you will be notified if your petition is approved and will receive further instructions on how to proceed. You may then apply for a K-1 visa at a U.S. Embassy or Consulate in your home country. You must show proof of a valid passport, proof of financial support, proof of a valid relationship, medical examination results, and other required documents as outlined by the embassy or consulate. Once your visa is approved, you may then travel to the U.S. to join your fiance and get married within 90 days of entering the country.

10. What is the difference between a K-1 Visa and an immigrant visa?


A K-1 Visa is a special non-immigrant visa used for fiancé(e)s of US citizens to enter the United States. This visa requires the US citizen to file a Petition for Alien Fiancé(e) with the US Citizenship and Immigration Services before the foreign fiancé(e) can apply for the visa. The K-1 visa is valid for 90 days during which time the couple must get married in the US.

An immigrant visa is a permanent visa that allows an individual to live and work in the United States permanently. In order to obtain an immigrant visa, applicants must meet certain criteria and demonstrate that they have strong ties to their home country. Once granted an immigrant visa, they must enter the US within 6 months.

11. How do I apply for permanent residence after receiving a K-1 Visa?


After receiving a K-1 visa, the applicant must enter the United States to marry his or her U.S. citizen fiancé(e). The couple must then file an I-485 application for adjustment of status to become a lawful permanent resident (green card holder). If the I-485 application is approved, the applicant will receive a lawful permanent resident card (green card).

12. What is the process for filing an application for permanent residence after being approved for a K-1 Visa?


Once a foreign fiancé(e) has been approved for a K-1 Visa, they must submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the United States Citizenship and Immigration Services (USCIS). Once the form is received, USCIS will review and adjudicate the application. Upon approval, the foreign fiancé(e) will be granted permanent residence in the U.S.

13. Are there any restrictions on activities while in the U.S. on a K-1 Visa?


Yes, there are restrictions on activities while in the U.S. on a K-1 Visa. Most importantly, you must marry your fiancé within 90 days of arriving in the United States. Additionally, you are not allowed to work or study without authorization. This means that you cannot accept employment without having obtained an Employment Authorization Document (EAD) or enroll in an academic program without having obtained an F-1 student visa. Finally, if you have any dependents who accompany you to the United States, they must also abide by the same restrictions.

14. Can my family members accompany me to the U.S. on a K-1 Visa?


No, your family members cannot accompany you to the U.S. on a K-1 Visa. Family members, including children, must apply separately for their own K-2 Visas if they wish to accompany you.

15. What restrictions or obligations do I have when I become a conditional permanent resident of the U.S.?


As a conditional permanent resident of the United States, you must abide by all U.S. laws and regulations, including those related to taxes and immigration. You must also remain in the U.S. for at least two years. During this two-year period, you cannot travel abroad for more than six months at a time without first obtaining special permission from the U.S. Citizenship and Immigration Services (USCIS). You must also update your address with USCIS within 10 days of any move to a new residence. Finally, you must file a petition to remove the conditions on your permanent residence within 90 days before the expiration of your two-year conditional period.

16. Can I work in the U.S. with a K-1 Visa?


Yes, you can work in the U.S. with a K-1 visa, also known as a fiancé visa. This visa grants you the right to stay and work in the U.S. for a maximum of 90 days while you wait for your marriage to be finalized. During this time, you can apply for a work permit, which will give you the right to legally work in the U.S. for a longer period of time.

17. Are there any restrictions to my travel outside of the U.S.?


Yes. Depending on your immigration status, you may be subject to certain restrictions when traveling outside of the U.S. For example, green card holders who have been absent from the U.S. for more than 180 days may be subject to inspection and may even be denied re-entry by a U.S. Customs and Border Protection (CBP) Officer. Additionally, those who are in the U.S. on a nonimmigrant visa may also be subject to certain restrictions depending on the terms of their visa. It is important to always check your visa and other immigration documents before traveling outside of the U.S. to ensure that you are legally allowed to enter and remain in the country you are visiting.

18. How can I remove conditions from my permanent residence status?


You can remove conditions from your permanent residence status by filing Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). The form must be filed no later than 90 days before the expiration date on your green card. You must include supporting evidence and a filing fee. More information can be found on the USCIS website.

19. Can I become a citizen after obtaining conditional permanent residence through a K-1 Visa?


Yes, you can become a citizen after obtaining conditional permanent residence through a K-1 Visa. Once you become a permanent resident, you will be eligible to apply for naturalization after living in the United States for at least five years.

20. Where can I find more information about K-1 Visas and Conditional Permanent Residence?


You can find more information about K-1 Visas and Conditional Permanent Residence on the U.S. Citizenship and Immigration Services website at: https://www.uscis.gov/family/family-us-citizens/fiance-k-1-nonimmigrant-visa. You can also consult the U.S. Department of State’s Bureau of Consular Affairs website for information on visa processing and the U.S. Department of Homeland Security’s website for information on adjusting status to permanent residence.