What If I Do Not Get Married Within 6 Months
If your marriage does not take place before your Fiance visa expires, you can apply to extend your stay for a further 6 months in order to allow the ceremony to take place, provided that there is a good reason why it has not done so to date and there is evidence that a ceremony will take place within the next 6 months.
How Long Does The K1 Visa Process Take 2020
The estimated timeframe to obtain an approval if you choose the K1 visa route depends on USCIS processing timelines. Nonetheless, as a very general estimate, it can take approximately 6-9 months for a decision. The process involves submitting the petition for a K1 visa to the USCIS, along with a filing fee of $535.
Who Is Eligible For A Uk Fianc Visa
To be eligible for the Fiance Visa, both you and your partner must meet certain conditions and requirements.
The main eligibility criteria are as follows:
- Both you and your partner must be at least 18-years-old
- You must be planning to get married within the 6-month validity period of the Fiance Visa
- Your partner must be a UK citizen or a person with settled status
- You must intend to live with your partner in the UK once you are married/in a civil partnership
- You need to demonstrate that you have the means to financially support yourselves as a couple and wont become a financial burden on the state. You must have a combined income of at least £18,600 annually
- You need to show that you have suitable accommodation to live in with your partner and your dependents
- If you are from a non-English-speaking country, you need to take an approved SELT test to prove that you can understand and communicate in English to the level of A1 as set by the Common European Framework of Reference for Languages
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Attend The Green Card Interview & Wait For Your Green Card
What is it?
Almost everyone must attend a Green Card interview. This interview has two goals:
Both spouses will need to attend the interview.
For more information about what to expect at the interview, check out out this guide.
When is it?
The interview is the last step of the Green Card process. It typically occurs 4-6 months after filing the I-485. USCIS will notify you of the interview date, time, and location by mail once they have approved your application. The interview will typically take place at the closest local USCIS, which you can find here.
Receive a Green Card!
The interviewing officer will usually approve the immigrants Green Card application at the interview. Once approved, the immigrant should receive their Green Card in the mail in 2-3 weeks.
Overview: What Is A K
The fiancé K-1 nonimmigrant visa is for the foreign-citizen fiancé of a United States citizen. The K-1 visa permits the foreign-citizen fiancé to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security , U.S. Citizenship and Immigration Services . Because a fiancé visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
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Fianc Visa Canada Visa For Your Girlfriend Or Boyfriend
Hoang immigrated to Canada from Vietnam six years ago. Eventually, he became a Canadian citizen about two years ago. In a trip to Vietnam, Hoang met his high school friend Trang. They dated for about a month while Hoang was in Vietnam. He came back to Canada, but they continued their relationship over the phone, email, and WhatsApp for over two years. Hoang eventually proposed to Trang six months ago. Luckily, Trang said yes. They now hope to marry each other in Canada. Hoang wonders if Trang can visit Canada so they can marry each other.
Canada welcomes millions of visitors every year. When it comes to visiting Canada, foreign nationals fall under three major groups:
- The US citizens may visit Canada without a visa or eTA
- Certain people may visit Canada with an eTA based on their nationality, the documents they hold, or their purpose of visit. Needless to say, eTA is not a visa, but a security clearance that you could obtain via a relatively easy online process.
- The rest of the people need a TRV to visit Canada.
To make it simple, I just use the term fiancé in this article, but it also applies to boyfriends or girlfriends.
Difference Between Marriage And Fianc Visa
If you are already living overseas than you need to consider the marriage visa option. This process can take several months for an i-130 approval and an additional year for an approved immigrant visa. Notice that these processes are in fact very different so you cannot apply for a fiancé visa if you are already married. An immigration attorney can better explain your options if youre in this situation.
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What Is A Fiance Visa
If you intend to relocate to the UK to begin a new life with your UK-based partner, you could be eligible for the UK Fiance Visa. The Fiance Visa is designed to enable non-EEA nationals to enter the UK to marry/enter into a civil partnership with their UK-based partner, and to begin a new life here. The applicants partner must be either a UK citizen or a person with settled status in the country.
Fiance Visas last for 6 months and they are granted under the assumption that you will marry your partner within the validity period of the visa.
You must apply for another immigration permission to remain in the UK after your Fiance Visa expires. The simplest transition is to the Spouse Visa, which grants holders 30 months of residence in the UK. You can look for employment and study in the UK as a Spouse Visa holder, without any restrictions.
Ineligibility To Obtain A K Visa
Certain foreigners may be ineligible to apply for a fiancé K visa. For example, having been convicted of drug crimes or having added an unlawful presence in the USA. As well as presenting false documents to apply for the visa.
People who are ineligible for a K-1 visa are notified by the consular officer. He will be able to tell you if there is an ineligibility waiver available and what the process is to apply for it.
In that case you may need an I-601 waiver. It is recommended that you contact a good immigration lawyer who can quickly solve this obstacle.
If you need an attorney to apply for a K-1 fiancé visa or are having difficulty processing it, call us. We will take care of your case and advise you with the best strategy to obtain the visa you require. We are one of the most prestigious immigration law firms in Los Angeles for a reason.
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Proof Of Marrying Ability
At the time of submitting the fiancés petition, the U.S. government will ensure that the couple is legally eligible to marry in America. It shouldnt be an issue if both the persons are not already married. But if anyone was married earlier, the government verifies his/her certificates to check if the marriage has genuinely ended. The proof can either be a death certificate, a divorce declaration, and an annulment declaration.
Inspection At A Port Of Entry: Within 6 Months After Visa Approval
The K-1 is a single entry visa and it is valid for 6 months. This means the foreign fiancé can travel to the U.S. with the approved visa any time within the six-month period. However, it is important to know that the approved visa doesnt automatically guarantee entry. The foreign fiancé will still have to seek admission at the port of entry. At the airport or border, a Customs and Border Protection officer will run decide whether to admit the foreign fiancé or otherwise.
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My Fiance Has Children
For visa purposes, any children of your fiance who are under 21 and unmarried may be eligible to receive a K2 visa and come to the US. If you want to bring your children with you, you must:
- Include them on your I-129F Form
- Travel to the US before them
- They must remain unmarried
If you get married within 90 days and your fiance applies for a Green Card, children may also apply by filing Form I-485 with USCIS.
Can A Fianc Visa Be Denied
Under immigration law, the K-1 visa allows your partner to live with you in the United States after the wedding. Unfortunately, thousands of fiancé visas are rejected or denied every year. If your K-1 visa application has been rejected or denied, it is vital to contact experienced immigration lawyers.
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Scenario #: Immigrant Is Living Overseas And Engaged To Be Married: Us Fianc Is A Us Citizen Living In The United States
Average time — Between seven and 26 months to get the fiancé visa petition approved by USCIS as of early 2021 then another several months to get the K-1 visa from a U.S. consulate then another two years or longer to get the U.S. green card, depending on which USCIS office is handling it.
Summary of the Process — The U.S. citizen starts the process by mailing a Form I-129F petition plus supporting documents to a U.S. Citizenship and Immigration Services “lockbox.” From there, it will be routed to a USCIS service center for processing. After USCIS approves the petition, the immigrant submits a visa application form online and attends an interview at a local U.S. consulate, submitting various documents at that time. Soon after the interview, the applicant can be approved for a K-1 fiancé visa to enter the United States. The immigrant will have 90 days in the U.S. in which to get married and apply for a green card by filing Form I-485 with a USCIS lockbox. The lockbox will forward the case on to your local USCIS field office. The immigrant will be called in for fingerprinting , then to an interview at which the green card should be approved.
Presence Of Certain Application Red Flags
Red flags that can raise USCIS suspicions about the legitimacy of your relationship include a large age difference, limited or nonexistent communication ability due to lack of a common language, and wide cultural or religious differences. In many cases, it is not a single factor, but a combination of factors, that leads to USCIS rejection of a fiancé visa application.
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Us Embassy Or Consulate Interview
Average timeline: 4-6 weeks
The fiancé attends the visa interview at the nearest U.S. embassy or consulate in their home country.
The interviewing officer generally makes their decision at the interview or soon thereafter. Sometimes they require additional evidence, in which case they will ask that it be submitted directly to the U.S. embassy or consulate.
How Visanation Law Group Immigration Lawyers Can Help
Working with an experienced immigration attorney will not only likely expedite the process but will significantly reduce the chances of having your application denied. This is where we can be of help.
VisaNation Law Group K-1 visa lawyers have helped many people file and acquire their fiancé visas. They will help you prepare your application, including submitting your affidavit of support, letter of intent to marry, and all the necessary supporting documents according to the USCIS requirements. You can count on us to help you and your fiancé live together in the U.S. You can schedule a consultation with one of their K-1 visa experts today by filling out this contact form.
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Work With A Visanation Law Group Immigration Attorney
It is recommended that you work with an experienced K-1 visa immigration attorney from the beginning to the end of the application process. Your immigration lawyer will help you prepare your case in accordance with the USCIS standard and guide you throughout the process.
- Anexperienced K-1 visa lawyerwill be able to further explain the process and how to expedite K-1 processing times if possible.
- Our attorneys understand how stressful the process can be for obtaining a K-1 fiancé visa and will do everything in our power to ease the burden.
What Happens After Filing Form I
Filing Form I-129F, Petition for Alien Fiancé, is the first step in obtaining a K-1 visa for a fiancé. A U.S. citizen files the petition to establish a qualifying relationship with the foreign national beneficiary, but there are additional steps. Understandably, you both want to know how long it takes throughout the K-1 visa processing time line and what happens in the different steps.
Although the steps that take place are fairly consistent, the K-1 visa processing time will vary based on the USCIS case load, U.S. embassy in the beneficiary’s country, and your ability to properly file an accurately prepared I-129F petition. The following outline describes the basic steps of the K-1 visa time line for most people.
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Interview In The Us Embassy
Your fiance must attend an interview appointment with a full package of the required documents on the scheduled date and time. The DOS consular officer will ask a fiance and accompanying family members a series of questions to determine if the relationship is genuine and if the applicant qualifies for the K-1 nonimmigrant visa. It usually takes 15-20 minutes.
Fiance Visa Validity Period
If your application for a UK Fiance visa is successful, your visa will be valid for 6 months initially.
After your wedding has taken place, you will then be eligible to apply to switch into the Spouse category without having to leave the UK.
If your application for further leave to remain in the UK as a Spouse is successful then you will be granted further leave to remain for a period of 30 months. You will need to extend your Spouse leave for a further 30 months before it expires.
After spending 5 years in the UK as the Spouse of a British citizen or settled person, you will be eligible to apply for indefinite leave to remain.
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What Does It Petition My Boyfriend / Girlfriend
For the processing of a k-1 fiancé visa of a US citizen for USCIS, the following requirements must be met:
How Do I Satisfy The Genuine Relationship Requirement
One of the key UK Fiance Visa requirements is the genuine relationship requirement. You must provide sufficient evidence to prove that you are in a genuine relationship with your UK-based partner.
You will need to provide information such as:
- Bank statements of joint accounts
- Documents showing details of accommodation which you have lived in together
- Birth certificates, if you have had any children together
- Divorce certificates, if applicable
- Reference letters from family, friends and professional people who can vouch that you are in a genuine relationship
- Information on how long you have been together, how you met and how often you see each other
If you need any help with the genuine relationship requirement, please do not hesitate to get in touch. We will consider your case and advise you on all the information and documents which you will need to provide to prove your relationship is genuine.
If you would like any assistance, call our friendly client care team now on .
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K1 Visa Process After Marriage
If you marry within a 90-day time frame, your new spouse may apply for a Green Card. Thats why your K1 visa process after marriage starts with your spouse filing Form I-485 to the USCIS. Also, you will need to gather all the required documents and attend an interview as a couple. After that, your petition can be approved or denied.
Where To File The Documents For The K
The application submitted by the US petitioner for the K-1 visa must be sent by ordinary mail to:
PO Box 660151
Dallas, TX 75266.
To receive confirmation that USCIS received the documents and forms with the payments, you must complete form G-1145. The applicant will receive a text message or an email confirming receipt.
If the documents are sent by courier service or Express Mail, the address is:
2501 South State Highway 121 Business
Lewisville, TX 75067.
To follow up on the application and receipt by USCIS, the respective tracking guide number is used.
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How To Read The Uscis Time Processing Information Chart
The USCIS website opens up the time processing information chart for official guidance on how long the processing takes.
Scroll down to the I-129F under the column. Look across the row that has the K-1/K-2 Not yet married
Once you read across the appropriate line, youll see a date range.
Estimated time range the chart has a number of months .
This means the USCIS is taking those many months to process I-129F petitions. Use this to estimate the length your case is likely to take. However, if youre lucky, it might be much quicker than that. Typically this estimate is on the higher end in other words, itll probably take up to 5 months.
The speed at which the USCIS adjudicates I-129F petitions is based on a whole variety of factors. Hopefully you realize how you stack among other I-129F petitioners.