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K-1 Visa (US Visa for Fiancé)

Overview

K-1 Visa is helpful for you when you want to marry a foreign national. This is applicable to the US citizen who is going to marry a foreigner. You can bring in your fiancé to the US on this visa. Your fiancé can come in to marry you and to live with you.

This specific visa also permits you to bring in unmarried children of your fiancé, if any, to the United States, but they should b under the age of 21 years.

Legal permanent residents or the green card holders cannot file this. The other option for them is to go for immigration of spouse which can be done after the wedding.

This is a temporary visa for marriage only. Your spouse cannot stay in the US for long term. It offers 90 days to get married. If you want her to stay back permanently then you need to get her status adjusted by filing a petition.

K-1 Visa Conditions

1. Till the marriage, you fiancé will be treated as a non-immigrant only.

2. With K-1 visa your fiancé can enter the US for a single time only

3. Your fiancé will need a new visa to enter the US, if she/he leaves US before marriage.

4. Your marriage should take place within 90 days

5. If your fiancé marries someone else instead of you, then she will need to leave the US

6. For living and working permanently, your fiancé will need to apply for permanent citizenship

Applicant Ineligibility for a Visa

If you are engaged in certain activities or you are into certain conditions, then you may not be eligible for a visa.

If you are or want to traffic drugs

If you have HIV/AIDS

There was any instance of overstaying with a visa

If you practice polygamy

If you are related to or support plan to overthrow the government

If you submit fraudulent or false documents

How Long Does It Take

The time needed for k-1 visa will vary depending on the case. If you do not furnish all the needed information, then your visa application will need more time. If security clearance is needed, then it will take much more time.

Steps to the K-1 Visa

Step 1: File a petition – You can file a petition with the USCIS. You can file the petition on behalf of your fiancé. Petition for Alien Fiancé (Form I-129F) should be filled by you on behalf of your fiancé. You can file the petition at the local U.S. Citizenship and Immigration Services (USCIS) office.

 Step 2: Your Fiancé obtains a visa- After the USCIS approves the petition; it goes to the local embassy or consulate at your fiancé’s place. Now your fiancé needs to apply for a K-1 visa. If his/her application is granted then your fiancé will get a k-visa.

Step 3: Enter the United States

After your fiancé gets the K-1 visa, he/she can enter the United States. There are immigration ports of entry through which entry into the US is possible.  

Step 4: Get your fiancé’s Social Security Number

Your fiancé can apply for a social security number card which offers several advantages and benefits of the card holder.

Refer to the Social Security Website for further instructions

Step 5: Get Married

Now at the last, get married. You should get married before 90 days of arrival of your fiancé.
As per the condition of the K-1 Visa you and your fiancé (e) must get married within 90 days of his/her arrival.

Step 6: Apply for Permanent Residency (Green Card) – you can apply for a permanent residence status by filing a simple Adjustment of Status (AOS/I-485) for your fiancé. Just fill up the Form I-485 application. You can fill up this form at the local USCIS. You can help your fiancé by filling the Affidavit of Support, Form I-864.

File the following 2 forms at nearest USCIS Field Office:

Download Form I-485 - Application To Register Permanent Residence or Adjust Status
 

Download Form I-864 - Affidavit of Support

Step 7: Permanent Status for Your New Spouse – As the permanent residence right received through marriage is conditional and for 2 years, so you should file I-751 petition.

Find Out More On Petition to Remove the Conditions on Residence
Download I-751 Form - Petition to Remove the Conditions on Residence

Required Documents of the Sponsor for K-1 Petition

You need the following documents to sponsor your spouse to enter the United States. When you file a petition, you need to provide the following documents to the USCIS field office –

1. Form I-129F Petition for Alien Fiancé (e) – In case of any unmarried children of under 21 years of your fiancé, you need to submit this form.

2. Evidence of Your U.S. Citizenship- You also need to provide proof that you are a citizen of US. You can produce, U.S. birth certificate, certificate of Naturalization or your U.S. passport will be enough.

3. G-325A Forms Biographic Data Sheets – You need to provide two G-325A Forms, which should be complete and signed. One of the two forms is for you and the other is for your fiancé.

4. Color Photos- You need to provide one recent color photo of you and your fiancé (e).

5. Prior Marriage Nullification Documents –This document is necessary in case you or your fiancé have been married previously. You need to provide copies of annulment decrees, divorce decrees or death certificates of your past spouse.

6. Permission to Marry- If you are under the age of restriction, you need a permission to marry.

K-1 Visa Application- Documents required

You need a valid passport which should be valid to travel to the United States

You need a valid birth certificate

Divorce or death certificate of the past spouse. It is necessary both for the applicant and the petitioner

Police verification certificate about you from the different places you stayed after the age of 16

Medical examination certificate

You also need a evidence of financial support - Form I-134

You need two Non-immigrant Visa Applications, Form DS-156 

Your fiancé will need one Non-immigrant Fiancé(e) Visa Application, Form DS-156K

You need two visa photographs

Evidence of relationship. You can send photos.

Fees 

Where Should I File the Petition?

The place to file a petition may vary depending on your location and status.

You can file the petition at the Service Center that has jurisdiction over your area of residence.

If you live outside the U.S. and filing for your fiancé, then file at the Service Center that has jurisdiction over your last place of residence in the U.S.

A US citizen can file under the LIFE Act, and can file at

      U.S. Citizenship and Immigration Services
      P.O. Box 7218
      Chicago, IL 60680-7218

Fees - How much will it cost?

Fees are charged for the following services:

$190USD for Form I-129F (filing an Alien Fiancé (e) Petition)

$190USD for filing I-130

Fee for Medical examination

Fee for Fingerprinting

You may need to pay translation and photocopying charges documents required for the visa application collection fee 

Filing Form I-485 Application to Register Permanent Residence or to Adjust Status
$325USD plus $70 biometrics services fee for 14 years of age or older

      $225 if under 14 years of age

       $325 if you are 79 years of age or older

Petition to Remove the Conditions on Residence fee of $275USD, if applicable


Please note that fees can be changed without notice, please refer to the USCIS website for the latest fees.


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