Scenario #: Immigrant Is Living Overseas And Engaged To Be Married: Us Fianc Is A Us Citizen Living In The United States
Average time — Around 10.5 months to get the fiancé visa petition approved by USCIS as of early 2022 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.
What Is A K1 Visa
A K1 visa is sometimes also referred to as a fiancé visa. This visa specifically grants a fiancé of a U.S. citizen the privilege of living in the U.S. for 90 days after their entry through a U.S. border crossing. If you enter the U.S. on this visa, you and your future spouse are required to get married within the 90-day validity period of the visa. If the marriage does not take place within the 90-day validity period, the foreign fiancé will need to leave the U.S. The visa will also lose its validity if the engagement is broken before the marriage.
There are some basic eligibility requirements which the visa beneficiary must fulfill before the visa is granted, however.
If I Already Live In The Us As A Foreign
If you, as the foreign-born fiancé, are already living in the United States and wish to get married to your U.S. citizen partner, you may be better off skipping the K-1 visa and instead file for the spousal visa after getting married. However, a case like this is best handled by a qualified immigration professional to ensure that you comply with all immigration laws on your current immigrant visa.
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The Steps To Getting A K
The hard part is over. You and your Filipina have found each other and made the choice to be together forever. However, you still might be in the US and she may still be in the Philippines. And – if you both want to be together in the US – your fiancé will need a K-1 visa from the USCIS
The hard part is over. You and your Filipina have found each other and made the choice to be together forever. However, you still might be in the US and she may still be in the Philippines. And – if you both want to be together in the US – your fiancé will need a K-1 visa from the USCIS. The forms to start this process are free and you can download them from the USCIS website. That is going to be the easiest and fastest part of the visa application process for you and your fiancé. Below, you will find out more about the K-1 visa application process and how long it takes to get a K-1 fiancé Visa from the USCIS to the US Embassy in Manila.
Scenario #: Immigrant Is Living In The United States After A Legal Entry And Married: Us Spouse Is A Us Citizen Living In The United States
Average time — Between one and two years as of early 2022, using the process known as adjustment of status, which is handled by USCIS.
Summary of the Process — The U.S. citizen and immigrant prepare a packet of documents, including a Form I-130 and an “adjustment of status” application on Form I-485, and submit it all at once to USCIS. As soon as that application is filed, the immigrant’s stay in the U.S. becomes legaleven if the immigrant overstayed a visa. The immigrant will then be called in to a local USCIS office for fingerprinting, and later for an interview, at which the green card should be approved.
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What Is A K Visa
The K-1 visa is the nonimmigrant visa for fiancés. If you are engaged to a U.S. citizen and are coming to the United States to get married, you will be admitted on a K-1 visa. The partner who is a U.S. citizen must be the petitioner who applied for the visa.
In order to be eligible for the K-1 fiancé visa, you must:
- Be marrying a U.S. citizen
- Be getting married within 90 days
- You and your fiancé must have been together in person at least one time in the past two years
Visas For Fiancs Of Us Citizens
If you are a U.S. citizen who wants to bring your foreign fiancé to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé. The K-1 nonimmigrant visa is also known as a fiancé visa.
In order to obtain a K-1 fiancé visa, you and your fiancé must intend to marry each other within 90 days of your fiancé entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States .
If you have already married, plan to marry outside the United States, or your fiancé is already residing legally in the United States, your spouse or fiancé is not eligible for a fiancé visa. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign spouse apply for a Green Card.
You may be eligible to bring your fiancé to the United States on a fiancé visa if you meet the following requirements:
Step 1: Petition for Fiancé USCIS
Step 2: Visa Application DOS
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How Long Does K1 Visa Take 2020
approximately 6-9 monthsIf you and your fiancé meet all K1 visa requirements, your application will likely be approved. 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.
How long does it take to get us spouse visa after interview?
Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouses home country, but the typical time is around 24 months.
How Do You Know Your Visa Has Been Approved
How can I speed up my K1 visa?
How to Speed K1 Fiance Visa Process Post USCIS
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Provide All Necessary Supporting Documents
The K-1 visa involves several petition forms and documents at each application stage. Therefore, crucial supporting evidence must be well-prepared and submitted accordingly. They include a letter of intent to marry, sufficient proof of financial ability to support the foreign fiancé, adequate evidence of a bona fide relationship. In addition, you can prove the authenticity of your relationship by providing proof of time spent together such as photos, travels records such as boarding passes or bus tickets in places visited together, etc.
How Long Will K
This entire process from date of filing of the petition till the transfer of the file to the U.S. consulate normally tends to take up to a year and sometimes more. USCIS approval of the I-129F alone was taking around 8.5 months in mid-2022.
You can check how long the USCIS Service Center for your area is taking to make decisions on I-129Fs on the Check Case Processing Times page of USCIS’s website. Unfortunately, unlike in some visa categories, you cannot pay extra in order to receive faster processing of a K-1 petition.
Under normal circumstances, the U.S. embassy or consulate takes about two or three months to complete processing of the visa, depending upon the number of other visa applicants it’s dealing with.
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After You Receive A K
If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas.
With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé within 90 days of your entry into the United States.
How Much Does A K1 Visa Cost
The Form 129F has a filing fee of $535. At your visa interview, youll also need to pay the visa fee of $265. So the official filing fees require a total of $800. This does not, however, take into account the medical examination costs or any other expenses you need to cover in pursuit of your K1 visa.
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Who Is Eligible For The K
A U.S. citizen can sponsor a foreign-born individual they want to marry by bringing them to the United States on the K-1 fiancé visa. The basic K-1 visa requirements to be eligible for the visa are:
- U.S. citizen partner to sponsor the visa
- Clear intent to marry each other in the 90-day window
- Both people are single
- Have met in person within the past two years before filing the petition
Can My Children Accompany Me To The Us With A K1 Visa
If the foreign citizen has unmarried children under 21 years old, they can accompany the foreign citizen to go to the US for the marriage. The children of the K1 visa holder can travel to the US with a valid K-2 visa.
The US citizen does not need to file petitions to USCIS for the children of the fiancé, but they must be mentioned in the Form I-129F. Upon approval of the petition, each one of the children must apply for the K-2 visa individually. The children will then have the opportunity to also obtain permanent residence after the marriage by filing for adjustment of status.
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Issues With K1 Visa Processing Time And Possible Solutions
There are several factors that can have an impact on your K1 visa timeline. Some of these factors may be out of your control. There are some steps you can take to minimize potential delays.
1) Preparation Having a well-prepared case can help shorten the processing time. Make sure that you carefully follow all instructions and provide ample evidence. If you dont, USCIS may issue a Request for Evidence or the consulate may send your application for administrative processing. This adds to the total processing time. Anticipate any potential issues in either of your backgrounds. Possible issues include having a criminal record or immigration violations. Be sure to address any such issues. You must also convince both USCIS and the consulate that your relationship is real. Relationships were the couple have major differences often get scrutinized more. Examples include big differences in age, educational level and culture. Preparing a strong petition that can withstand scrutiny will help.
2) USCIS Workload Unfortunately, USCIS has difficulty processing their caseload in a timely manner. Some USCIS service centers and offices are faster or slower than others. Where you live determines which one processes your case. Having a well-prepared case and being well-organized can help you avoid delays such as Requests for Evidence.
Can A K1 Visa Be Extended
No, the K1 visa cannot be extended. It automatically expires after 90. Generally, if you dont get married at the end of the 90 days, your foreign fiancée must leave the United States. If they dont leave, that will count as a violation of US immigration law, which could lead to deportation. It could also affect their future eligibility for entering the US and other immigration benefits.
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K1 Visa Processing Time In 2021 And Beyond
August 23, 2021 by Beeraj Patel, Esq.
For those who are seeking entry into the United States, the K-1 visa is one potential option in one very specific circumstance: marriage. If you are considering the K-1 visa as an option for entering the United States, you may be struggling to understand how to plan your time based on how long each step of the process might take.
In 2021, as the world continues to recover from the coronavirus pandemic, it is expected that processing times may vary from their standard averages for some time to come. However, K-1 visas are still being processed in a timely manner, and you can expect only slight changes to the standard processing times in 2021 and beyond.
How To Apply For The K1 Visa
The fiancé visa application has a few steps that both fiances must follow. It must be first initiated by the US citizen. The US citizen must obtain permission from the US Citizenship and Immigration Services to bring and sponsor their foreign citizen fiancé to the US.
If USCIS grants this permission, then the foreign citizen fiancé must apply for the actual K1 visa.
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Assemble Your Petition Forms And Supporting Documents
The completed petition packet needs to include these forms and the supporting documents listed under each. Be sure to sign all forms in the relevant places. In general, the forms and their supporting documents should be assembled in the order shown below.
It is a good idea to include a cover letter that lists all of the forms, supporting documents, and fee payments in your petition packet. This will help USCIS keep track of your documents as they process your petition. You can find a sample cover letter here. Note that this sample may need to be edited to match your specific petition, but the basic format will work for most petitions.
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My Fianc Visa Application Seems To Be Taking Forever Is There A Way We Can Check To See How Much Longer It Might Take
Yes. It is hard to be apart from the ones you love. Waiting can be an emotionally draining and anxiety producing moment for many couples. However, there is a way to check up on your application.
First, go to the USCIS website to check average processing times. Make sure you choose the correct form type and the processing center if you have that information. If your application has taken longer than the average time listed on the USCIS website – you can ask for a USCIS Officer’s help by submitting an electronic form. Important: remember that your processing time must be outside of the normal times posted on the USCIS website to use this form.
The USCIS website has an electronic request submission option that allows you to ask for a USCIS Officer’s help to review the file and determine the reason behind the slow processing. After checking the average processing times, you can use this link to access that submission feature. You cannot submit a request earlier than the average processing time. Important: remember that your processing time must be outside of the normal times posted on the USCIS website to use this form. Electronic Request for USCIS Officer Review Submission link:
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Who Is Eligible For A K1 Visa
Most immigration processes with visas have strict eligibility requirements. The U.S. government determines these regulations and the USCIS ensures it is enforced. A K1 visa is no different and it also only allows a specific group of people entry into the U.S.
Here are the basic eligibility requirements for a K1 visa:
The above points are the basic requirements set out by the USCIS. Each situation is unique, however. You may need to contact an immigration attorney to help you with your immigration process. It is also important to remember that the U.S. citizen partner files the K1 visa application on behalf of the foreign fiancé .