1. What is the K visa?
The K visa is a visa that allows the fiancé(e) of a U.S. citizen to enter the United States. It is also known as the K-1 visa and is used to bring the foreign-citizen fiancé(e) to the United States for marriage within 90 days of arrival. After marriage, the foreign-citizen spouse can then apply for permanent residency and eventual citizenship.
2. How long does it take to get a K visa?
The time it takes to get a K visa varies depending on the country in which it is being applied for. Generally, the process of obtaining a K visa can take anywhere from three to six months.
3. Are there any fees associated with getting a K visa?
Yes, there are fees associated with getting a K visa. The K visa application fee is $265, and applicants must pay an additional $190 fee for biometric services. In addition, the applicant must pay a $35 fee for fraud prevention and detection.
4. What documents are required to apply for a K visa?
To apply for a K visa, the US citizen must submit a completed Petition for Alien Fiancé(e) (Form I-129F) along with supporting documents, such as original or certified copies of birth, marriage and divorce certificates, and proof that they have met in person at least once within the past two years. The foreign-born fiancé(e) must also submit certain documents, such as a valid passport and proof of termination of any prior marriages.
5. What is the process for obtaining a K visa?
The process for obtaining a K visa is:
1. The U.S. citizen files a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).
2. After USCIS approves the petition and the petitioner receives the Approval Notice, the petitioner must send the Approval Notice, along with other required documents, to the beneficiary’s local U.S. embassy or consulate.
3. The beneficiary attends an interview at the local U.S. embassy or consulate, where a consular officer will determine if they are admissible to the United States.
4. If admissible, the beneficiary is granted a K-1 visa, which allows them to travel to the United States and marry their U.S. citizen fiancé(e) within 90 days of their arrival in the United States.
5. After marrying the U.S. citizen fiancé(e), the K-1 visa holder must apply for lawful permanent resident status (a Green Card) through adjustment of status with USCIS so they can remain in the United States permanently.
6. Is there an age limit to obtain a K visa?
Yes, the applicant for a K visa must be age 18 or older.
7. Are there any restrictions on who can obtain a K visa?
Yes, there are several restrictions on who can obtain a K visa. For example, applicants must be legally free to marry, must have a valid passport, and must not have certain criminal records or medical conditions that would make them inadmissible to the United States. Additionally, a fiancé(e) of a U.S. citizen must show evidence of a bona fide relationship with their petitioner.
8. How long is a K visa valid?
A K visa is typically valid for six months from the date of issuance. It is important to note that a K visa does not guarantee entry into the US. Once an individual arrives in the US with a K visa, they must still apply for and receive a green card to remain in the US permanently.
9. Can I work while on a K visa?
No, K visa holders are not authorized to work in the United States until they have been granted lawful permanent resident status.
10. Can my spouse and I travel together on a K visa?
Yes. Your spouse may accompany you on a K visa. However, they will also need to submit their own applications for the visa. Please consult the specific consulate or embassy where you plan to apply for more information.
11. Can I apply for permanent residence while on a K visa?
Yes, you can apply for permanent residence while on a K visa. However, you must be physically present in the United States to file your permanent residence application. You can also apply for permanent residence in your home country if you are eligible for so-called “consular processing”.
12. How does the adjustment of status process work after entering the US on a K visa?
After entering the US on a K visa, the sponsored foreign partner would need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). This form is used to apply for a green card and adjust the foreign partner’s status from a nonimmigrant visa holder to a permanent resident. The foreign partner must provide evidence that they are eligible to adjust status and prove that their relationship is bona fide. Supporting documents include evidence of the valid marriage, proof of financial support, and evidence of good moral character. The foreign partner may also need to attend a biometrics appointment and an interview with USCIS. Once all requirements have been met, USCIS will decide whether or not to approve the application.
13. What happens after the K-1 visa expires?
Once the K-1 visa expires, the foreign national must either depart from the United States or apply to adjust status in order to remain legally in the country. If they apply to adjust status, they will need to submit an application, documentation, and fees to the USCIS, along with an adjustment of status form. The foreign national will then need to appear for an interview with a USCIS officer to determine if the individual is eligible for lawful permanent resident status.
14. Can I bring my children along with me when I apply for a K visa?
No, children are not permitted in the embassy or consulate when applying for a K visa. Your children will need to apply for their own visas separately once you obtain your K visa.
15. Can my spouse remain in the US while their K-1 visa is being processed?
No. A K-1 visa is a nonimmigrant visa, and the purpose of a K-1 visa is for the foreign national to travel to the United States to marry the petitioner within 90 days of admission. The foreign national cannot legally remain in the United States while their K-1 visa is being processed.
16. Are there any medical requirements that must be fulfilled before getting a K visa?
Yes, applicants for certain K visas (K-1 fiancé(e) and K-3 spouse) must be medically examined by an approved panel physician. U.S. Embassy/Consulate abroad will provide applicants with instructions on how to schedule a medical exam with the approved panel physician. The medical examination must be completed within 6 months of the visa interview.
17. What are the implications on my spouse’s immigration status if our marriage ends before their adjustment of status is approved?
If the marriage ends before the adjustment of status is approved, the spouse’s immigration status will be affected. The spouse will be classified as an “out-of-status immigrant” and will be ineligible to remain in the United States. In addition, the spouse may be subject to removal proceedings. Depending on the circumstances, the spouse may be able to remain in the U.S. through a different visa category, such as a student visa.
18. What happens if my spouse’s adjustment of status application is denied?
If your spouse’s adjustment of status application is denied, you will need to file an appeal with the Board of Immigration Appeals. Depending on the reasons for the denial, it may be possible to file a motion to reopen or reconsider the decision. It is important to speak with an immigration attorney who can advise you on the best course of action.
19. How long does it take to obtain a Green Card after entering the US on a K-1 visa?
It typically takes about 6 to 9 months to obtain a Green Card after entering the US on a K-1 visa. However, the processing time may vary depending on the individual case.
20. How can I check the status of my K-1 visa application?
You can check the status of your K-1 visa application by accessing the U.S. Department of State’s Consular Electronic Application Center (CEAC). You will need to enter your application number or your DOS Case ID, as well as your last name, to view the status of your application.