what do you need to provide for a k1 visa petition
If you are a US citizen, you can petition to bring your fiancé(due east) to the land through the Thou-i fiancé(e) visa and get married.
The Thousand-1 visa, also known as the fiancé(east) visa, is one of the most requested nonimmigrant visas for the United States. For this visa, y'all must exist a Us denizen, otherwise your fiancé(due east) may be eligible to enter the The states through some other status.
In this article nosotros will learn what a K-1 visa is, its requirements and how long it takes to obtain one.
Our clearing lawyers in Los Angeles from Lluis Police force will exist able to help you throughout this process. With over l years of combined experience, our attorneys are well-prepared to serve y'all. Call today and request a individual consultation.
What is the K-1 American citizen fiancé(e) visa and what exercise y'all demand to know in 2022
- The M-1 fiancé(east) visa is issued but to alien nationals who are engaged to a United states citizen. This visa allows the fiancé(e) to travel to the United states of america and ally the US petitioner within 90 days of entering the country.
- After legally marrying, the conflicting spouse tin can conform status to obtain a Green Menu.
It is of import that the marriage is legitimate, both spouses have the skilful faith to form a life together and that it is not washed just to obtain an immigration benefit.
If all immigration requirements are met, both same-sex couples and opposite-sex activity couples will have the same immigration benefits.
What is needed to petition to bring my fiancé(e)?
To apply for a fiancé(e) visa for the United states of america, yous must meet the post-obit requirements:
- Be a US denizen;
- Planning to marry your fiancé(e) inside 90 days of your partner'southward inflow in the country in One thousand-ane status;
- You and your fiancé(e) are legally free to marry and whatsoever previous marriages have legally ended by disparateness, divorce, or decease;
- You lot met your fiancé(e) in person at least once in the final 2 years before you filed your G-1 visa application. Unless information technology is shown that meeting in person:
- Causes you an extremely difficult situation, or;
- Violates your fiancé(east)'southward foreign culture, community, or social practise.
How to get a fiancé(e) visa
The K-1 visa procedure requires that the The states citizen be the one to petition for their partner. This procedure involves not only USCIS, simply also the US Department of Country (DoS) and Customs and Border Protection (CBP). Therefore, the process carries several security controls at each phase. These are:
one# File the petition with USCIS
- File with USCIS Form I-129F, Petition for Alien Fiancé(e);
- USCIS will review your request and mail you lot a request for evidence if additional information or documentation is required;
- If y'all are eligible, USCIS volition approve your I-129F petition. Otherwise, your request will exist denied and you will be notified of the reasons for the denial;
- Once your petition is approved, USCIS will transport it to the DOS National Visa Center (NVC).
2# The visa application to the DoS
- The approved Course I-129F volition be forwarded from NVC to the The states embassy or consulate where your fiancé(east) volition apply for the Thousand-1 visa;
- The US diplomatic mission or consulate will notify you when your fiancé(eastward)'s interview is scheduled;
- Your fiancé(e) must bring the form and required documentation to the Thou-i visa interview;
- The DOS consular officer will determine whether or not your fiancé(e) qualifies for the K-i visa.
3# The CBP inspection
An approved K-1 visa does not guarantee your fiancé(e) entry into the United states of america. CBP volition determine whether or not they can enter. If the officeholder in accuse suspects whatsoever wrongdoing, they could deny entry.
How long does it have to obtain a fiancé(e) visa?
The K-ane visa processing time typically takes approximately 6-10 months from the date the visa awarding is filed to the arrival of the conflicting fiancé(east) to the Us.
Even so, if USCIS is suspicious most the marriage or requires more prove, the process may accept longer.
In full general terms, the process and schedule of the One thousand-1 fiancé(e) visa is unremarkably:
- 1 to 3 weeks: You will receive notification from USCIS that they accept received your Form I-129F through Notice of Activeness i (NOA1);
- v to 7 months: This Yard-one visa timeline reflects the time between receipt and approval by USCIS. You will be notified through Detect of Action 2 (NOA2);
- ii-3 weeks: When your instance is forwarded to the NVC;
- one to 3 months: The phase when your case is transferred to the United states diplomatic mission;
- 2 to x days: Information technology is the period in which the visa is granted.
How to apply for the Green Card if I entered the United States with a K-1 fiancé(e) visa?
- If you marry within 90 days, your alien spouse may use for a Dark-green Carte past filing Form I-485, Application to Annals Permanent Residence or Suit Condition;
- USCIS volition review your petition and any boosted documents submitted;
- More often than not, you and your spouse must be nowadays at the interview;
- If y'all have been married for less than two years at the time of filing the I-485 petition, USCIS volition grant your spouse conditional permanent resident condition and event a Green Card valid for ii years;
- Your spouse can remove these conditions by filing Course I-751, Petition to Remove Conditions on Residence within 90 days before the Light-green Card expires. If you lot don't, you lot may be at risk of existence deported from the country.
Documents to apply for the 1000-ane fiancé(east) visa
Your fiancé(e) for the Thou-one visa will exist required to bring the following documents to your interview with the US embassy or consulate:
- Form DS-160 completed;
- Valid passport with no less than vi months validity;
- Nativity certificates;
- Decease or divorce certificates (if applicative);
- Medical examination records;
- 2 2×2-inch photographs that run across the photo requirements;
- Evidence of financial support or affidavit of support;
- Some letter of your criminal record from your country of origin and/or whatsoever other country in which you have lived during the last half dozen months;
- Evidence that your marriage is bona fide and not a fraudulent union.
Note: All non-English documents must be accompanied by certified English translations. Translations must exist certified by a registered and competent translator.
Children of K-1 fiancé(eastward)'southward
Your fiancé(e)'s children who are under 21 years of age and single may be eligible to travel to the United states of america on a K-2 nonimmigrant visa. To practice this, you must include the names of your fiancé(due east)'southward children on the I-129F course.
Notation that:
- Children cannot travel to the US before their fiancé(e). They can travel together or exercise it later.
- If you lot and your fiancé(e) married inside 90 days of admission, children in K-two nonimmigrant status may also apply for a Green Menu through Form I-485 with USCIS;
- Children with K-two status can utilise for a Green Carte at the same fourth dimension or after their fiancé(east).
Work permit for K-one fiancé(e) visa
Your fiancé(east), after being admitted to the US in K-1 nonimmigrant status, can immediately employ for employment dominance through Grade I-765, application for employment authorisation valid for 90 days after upon access.
If eligible, your fiancé(e) can use for employment potency at the same time they submit their Greenish Card application. In this way, the employment authorization will be valid for one yr and can exist extended in 1-year increments.
1000-1 visa interview questions
During the interview at the local US consulate, the immigration officeholder volition ask your fiancé(e) sure marriage-based residency questions. Hither are some examples:
- Your fiancé(e)'due south name;
- What does the fiancé(e) practice and how much practise they earn?
- How exercise you make a living?
- Brand and model of your fiancé(e)'s car;
- How long has the fiancé(due east) lived at their current address?
- Wedding ceremony details (church building, date and time, guests and others);
- Religion professed by your partner;
- How many times have yous seen your fiancé(eastward)?
- Total proper noun of your partner and date of birth;
- Nicknames of your fiancé(e);
- Favorite food and other hobbies;
- Name of the fiancé(e)'s ex-spouse;
- How many siblings does your partner have?
- Have yous ever been denied a visa? For which country?
- How many children practise yous plan to have?
- How was the marriage proposal?
- What are the names of your fiancé(eastward)'south parents?
- University where your fiancé(eastward) studied;
- Color of your fiancé(eastward)'s eyes;
- Any mark or scar from your partner;
- The sweetest gift that your fiancé(e) remembers.
Any question that serves to determine that there is a bona fide relationship and not a fraudulent one can be asked. If the courting and the Thou-1 visa awarding take a real basis, there is nix to worry about.
Our lawyers always recommend in interviews with consular officials to answer specifically what is asked. Therefore, answering without hesitation and existence calm.
How much does the K-1 fiancé(east) visa price?
The cost of the Chiliad-ane visa can range from $1,000 to $5,000. The toll may include government fees, medical exams, additional documentation requested by USCIS, amongst other documents. These costs are:
- USCIS awarding fee: $535;
- Usa Embassy or Consulate fee: $265;
- Government fees: They range from $800;
- Medical exams: They range betwixt $100 and $500;
- Travel costs: May vary depending on the land and the flying;
- Assistance from an attorney: Varies depending on your example. You lot can bank check with our Los Angeles immigration attorneys for the fee.
Other M-ane visa fees could include:
- Cost of issuing a new passport (if necessary);
- Children's medical exams (if applicable);
- Additional bear witness costs.
K-i Fiancé(e) visa FAQs
What happens if I don't get married in ninety days?
Does my fiancé(e) need a Chiliad-1 visa if we are already married?
If you are already married, your fiancé(due east) will not demand a M-1 visa. Unless, your marriage was not valid in the place where it took place.
How long is the One thousand-1 visa valid for?
The K-1 visa is valid for six months but for a unmarried entry.
Can my partner extend their K-1 visa?
The US Citizen Fiancé K-1 visa expires afterward 90 days and cannot be extended.
What is considered a fiancé(due east) under United states immigration police force?
For U.Due south. clearing law, a fiancé(e) is a foreign citizen who obtained Thousand-i fiancé condition for the sole purpose of entering the Usa and marrying his or her U.S. fiancé(e).
Can I honeymoon outside the US later union?
This is not possible. In one case in US territory, the foreign spouse must remain inside the country. Leaving without travel authorization or a residence card means that she volition not be able to return again.
For more information yous can review our article on advance parole.
Will the divorce bear on my fiancé(e)'s immigration status?
A divorce or separation can affect the legal status of your partner. They must exist careful if they program to divide or divorce.
Can my partner be denied a K-1 visa?
The K-1 visa can exist denied if your fiancé(east) has cleaved immigration laws in the United States, has submitted false documents, has a criminal history in his or her habitation state, or has trafficked narcotics.
If you demand a lawyer to employ for a fiancé visa or are having difficulties processing it, call u.s.. We will bargain with your case and propose you on the all-time strategy to obtain the visa yous require. Nosotros are ane of the most prestigious immigration law firms in Los Angeles for a reason.
Source: https://www.lluislaw.com/k-1-fiance-visa/
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