1. What is a K-1 Fiancé(e) Visa?
A K-1 Fiancé(e) Visa is a nonimmigrant visa issued to the foreign-citizen fiancé(e) of a United States citizen. This visa allows the foreign-citizen fiancé(e) to travel to the United States and marry his/her U.S. citizen sponsor within 90 days of arrival. After the marriage, the foreign-citizen spouse can then adjust status to obtain lawful permanent residence (a Green Card).
2. Who is eligible to apply for a K-1 Fiancé(e) Visa?
To be eligible to apply for a K-1 Fiancé(e) Visa, you must satisfy the following requirements:
1. You and your partner must be legally free to marry.
2. You must have met each other in person within the past two years.
3. You must be a U.S. citizen or a Lawful Permanent Resident (LPR).
4. Your fiancé(e) must be a foreign national with a valid passport from his or her country of residence.
5. You must have the intent and capacity to marry within 90 days of your fiancé(e)’s admission into the United States.
6. You must be able to prove that you can support your fiancé(e) upon his or her arrival in the U.S.
3. What documents are needed to apply for a K-1 Fiancé(e) Visa?
To apply for a K-1 Fiancé(e) Visa, you will need the following documents:
* Valid passport
* Form DS-160 Non-immigrant Visa Application
* Two recent 2×2 passport-style photographs of both fiancé(e) and petitioner
* Evidence of termination of any prior marriages of the petitioner and beneficiary
* Proof of U.S. Citizenship of the petitioner (U.S. birth certificate, naturalization certificate, or valid U.S. passport)
*Proof of legal name change, if applicable
* Evidence of a bona fide relationship between the petitioner and beneficiary (photographs, email or social media correspondence, etc.)
* Police certificates from your current country of residence and all countries where you have resided for six months or more since age 16
* Medical Examination (Form I-693)
* Copy of all civil documents (birth certificates, divorce decrees, etc.) for both petitioner and beneficiary
* Affidavit of Support (Form I-134)
* Evidence of financial support (Form I-134)
* Evidence of funds to cover travel expenses (airfare, hotel/lodging)
* Copy of petitioner’s tax returns for the past three consecutive years
* Proof of employment (current pay stubs, letter from employer, etc.)
* Copy of petitioner’s driver’s license or state I.D.
4. How much does a K-1 Fiancé(e) Visa cost?
The total cost of a K-1 Fiancé(e) Visa is $2,325, which includes the filing fee of $535 plus $1,800 for the biometrics fee.
5. How long does it take to get approved for a K-1 Fiancé(e) Visa?
Once all the necessary documentation and forms have been completed and submitted, processing times can vary from a few weeks to a few months. The exact timeline will depend on the individual case and the current backlog of applications at the U.S. Citizenship and Immigration Services (USCIS).
6. How long is the K-1 Fiancé(e) Visa valid for?
The K-1 Fiancé(e) Visa is valid for 90 days.
7. Are there any restrictions on the activities of K-1 Fiancé(e) Visa holders?
Yes, K-1 Fiancé(e) Visa holders are subject to certain restrictions. K-1 Fiancé(e) Visa holders may not work in the United States until they obtain an Employment Authorization Document from the USCIS. They are also not allowed to enroll in school, travel outside the U.S., or obtain a driver’s license without first obtaining permission.
8. How can I check the status of my K-1 Fiancé(e) Visa application?
You can check the status of your K-1 Fiancé(e) Visa application by logging into the Department of State’s Consular Electronic Application Center (CEAC). From the CEAC homepage, you can access the “Check Status” page and enter your application number and other information to view the status of your application. You can also contact the U.S. Embassy or Consulate where you submitted your application for assistance.
9. What is the difference between a K-1 Fiancé(e) Visa and a Green Card?
A K-1 Fiancé(e) Visa is a nonimmigrant visa that allows an individual who is engaged to a US citizen to enter the United States in order to marry within 90 days of their arrival. On the other hand, a Green Card allows an individual to become a lawful permanent resident of the United States and provides them with the right to live and work in the US indefinitely.
10. What is an I-129F Petition for Alien Fiancé(e)?
An I-129F Petition for Alien Fiancé(e) is a petition that is filed by United States citizens who wish to bring their foreign fiancé(e)s to the United States to get married. The petition must be approved before the fiancé(e) can receive a visa to enter the U.S.
11. What is the interview process like for a K-1 Fiancé(e) Visa?
The K-1 Fiancé(e) Visa interview process typically involves:
1. The applicant and their sponsor completing the necessary forms and filing them with the U.S. Citizenship and Immigration Services (USCIS).
2. The USCIS then reviews the application and determines if the applicant is eligible for a K-1 visa.
3. If the application is approved, the applicant will be asked to attend an in-person interview at the U.S. Embassy or Consulate in their home country.
4. During the interview, the applicant will be asked questions about their relationship with their sponsor and will need to provide proof that they have a legitimate relationship. They may also be asked to provide financial records and other documents proving their identity and eligibility for the visa.
5. After the interview, the visa will be granted or denied based on the information provided and the decision of the consular officer.
12. Are there any medical requirements for the K-1 Fiancé(e) Visa holder?
Yes, the K-1 Fiancé(e) Visa holder must pass a medical examination prior to entering the United States. The medical exam must be performed by an approved medical doctor and must include a review of the applicant’s medical history, physical exam, and required vaccinations.
13. What should I do if my K-1 Fiancé(e) Visa application is denied?
If your K-1 Fiancé(e) Visa application is denied, you should carefully review the reasons for the denial. You may be able to reapply with additional evidence or information. You may also want to seek the advice of an immigration attorney to help remedy the situation.
14. Can I bring my children with me on a K-1 Fiancé(e) Visa?
Yes, you can bring your children with you on a K-1 Fiancé(e) Visa. Your children will need to file a separate K-2 visa application.
15. Are there any restrictions on employment with a K-1 Fiancé(e) Visa?
Yes. With a K-1 Fiancé(e) Visa, the alien fiancé(e) may not work until they have been admitted to the United States as a lawful permanent resident and have obtained permission from the Department of Homeland Security to work.
16. Can I bring personal belongings with me on a K-1 Fiancé(e) Visa?
Yes, you can bring personal belongings with you on a K-1 Fiancé(e) Visa. Make sure to declare all personal items with U.S. Customs and Border Protection when entering the United States. Certain items may be subject to restrictions or additional duties and fees.
17. What are the financial requirements for a K-1 Fiancé(e) Visa?
The financial requirements for a K-1 Fiancé(e) visa include proof of sufficient financial support for the foreign fiancé(e) and any accompanying dependents. The U.S. citizen petitioner must submit Form I-134, Affidavit of Support, demonstrating that the petitioner has sufficient income or assets to support all persons listed on the Affidavit (including the foreign fiancé(e)) at 125% of the U.S. Poverty Guidelines for the applicable family size. The petitioner must also demonstrate that they have access to the necessary funds to pay for a return ticket for the foreign fiancé(e). Additionally, each applicant must pay the appropriate filing fees.
18. When should I apply for a Green Card after getting approved for a K-1 Fiancé(e) Visa?
You must apply for a Green Card within 90 days of arriving in the United States with your K-1 Fiancé(e) Visa. Once you have arrived in the US, you will need to complete your marriage within 90 days and then submit your adjustment of status application along with the required documents to U.S. Citizenship and Immigration Services (USCIS).
19. Do I need a lawyer to apply for a K-1 Fiancé(e) Visa?
No, you do not need a lawyer to apply for a K-1 Fiancé (e) Visa. The U.S. Department of State’s website can provide helpful information and resources for completing the application process without the assistance of an attorney.
20. Are there any criminal background checks required to get a K-1 Fiancé(e) Visa?
Yes. All applicants for a K-1 Fiancé(e) Visa must pass a criminal background check. This includes both U.S. citizens and foreign nationals applying for the visa.