Work With An Immigration Attorney To Get Your Petition Right The First Time
Compiling a comprehensive and effective K-1 visa application that clearly demonstrates your eligibility is more complex than simply proving that two people know each other. In order to ensure that you can enter the United States as soon as possible to , it is important that your petition is carefully crafted.
The immigration attorneys at Pride Immigration would be happy to help you navigate this process so that you have the best chance of success. Reach out to schedule a consultation to discuss your options and any information that should be included in your petition.
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.
Timing Of Us Entry And Marriage To Us Citizen
Once the K-1 visa has been issued by the consulate, the foreign fiancé can enter the United States and marry the U.S. citizen who filed the I-129F petition. The visa will be valid for U.S. entry for six months from the date it was issued.
Once the fiancé enters the United States, the marriage must take place within 90 days from the date of entry. But if you plan to apply for a green card, it’s worth getting married early on during these 90 days, so that you’ll have time to get the official marriage certificate and prepare your other paperwork for Adjustment of Status before the K-1 visa runs out.
To learn about about the adjustment of status process, check out the following pages:
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What Happens If The Couple Decides Not To Marry
If the engagement is called off before the fiancé is scheduled for their interview at the U.S. Consulate in Montreal, then the U.S. citizen petition can submit a request to withdraw the petition to USCIS.
If the engagement is called off after the fiancé enters the U.S. with the K-1 visa, he/she must depart the United States as soon as possible and before the maximum 90-day duration that they were admitted under. Otherwise, they will overstay their status and risk being banned from returning to the U.S. in the future.
How To Apply For Esta And Get Approval To Travel To The Us
- Check the list of 39 countries that participate in the VWP.
- You must have an e-Passport to use the VWP. This type of passport is also known as an electronic passport and has an embedded chip in it.
- Fill out the online application. ESTA determines the eligibility of a visitor to travel to the U.S. under the VWP.
- The processing fee is $4.00, and if you are approved, there is an additional $10.00 authorization charge. Learn how to pay for your ESTA fee.
- When you fill out your application, you will get an ESTA application number. Use this number to check the status of your application if it has been accepted to travel to the U.S.
Visitors traveling to the U.S. for tourism or business meetings or conferences under the VWP can stay for up to 90 days without a visa.
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How Do I Get My Vietnamese Fianc To The United States
The process for this is called the K-1 fiancé visa. To qualify, the petitioner must be a U.S. citizen, you both must be legally free to marry, and you must have physically met in person at least once in the last 2 years. K-1 visas are one of RapidVisas specialties, and we have a very high success rate. And as of today, weve successfully helped over 500 customers from Vietnam.
To get started, you go to our website and create a free account. You then answer the questions in our online questionnaire and then pay when youre ready to file. We then go to work generating the documents, forms and letters needed to sign and send in. Included with your packet will be a detailed checklist of everything you need to include in your petition.
The process can take between 6 and 9 months. Of course, timelines are not guaranteed and can vary.
After the initial phase of the USCIS filing, youll have two more phases. The National Visa Center phase, and the U.S. Embassy phase. At this phase, your fiancé will attend an interview in Ho Chi Minh City, where a consular officer will ask them some questions and make sure your relationship is genuine before approving their visa.
Once your fiancé has the visa and comes to the United States, you will need to get married within 90 days of your fiancé’s arrival.
Also, to see some of our testimonials from couples weve helped from Vietnam, go to rapidvisa.com/vietnam/
Fianc Visas To The United States
The visa classification K-1 applies to aliens proceeding to the United States to marry American citizens.
- The couple must have met in-person within two years immediately prior to the filing on the petition.
- The U.S. citizen Fiancé must file an I-129F Petition with the USCIS in the U.S.
- If the I-129F is approved, and the visa issued, they must marry within 90 days of the aliens admission to the United States.
Following the marriage, the alien spouse must apply to the U.S. Citizenship and Immigration Service to establish a record of entry for conditional permanent residence status. After two years, the alien must apply to the USCIS for removal of the conditional status.
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Visiting Before Filing A K
When Can I Visit My Fiancé in the U.S.?
If you are planning on using a K-1 fiancé visa, your fiancé will need to file an I-129F Petition requesting a visa on your behalf. If they havent already filed this petition, then the U.S. government will have no record of your planned wedding, and you shouldnt have any trouble visiting the United States on a temporary visa .
It is still very important that you answer truthfully if a USCIS or CBP official asks who you are visiting, or if you are engaged to a U.S. citizen or green card holder. Misrepresenting your situation could cause serious problems later, if you apply for a fiancé visa or marriage-based green card.
If questions are raised about your future plans, its helpful to be able to demonstrate a clear plan to return to your home country after your visit to the United States. Evidence of continuing employment or education, lease or other residential documents, and a return ticket can all be useful ways to show U.S. government officials that you genuinely intend to return home before your visa expires.
IMPORTANT: You must never misrepresent your reason for visiting the United States, either on an immigration form or before an immigration officer or a CBP agent. You also must never lie about being married or engaged to a U.S. citizen or green card holder. Any kind of misrepresentation could jeopardize your future eligibility for a green card.
The Petitioner And Beneficiary Must Be Legally Free To Marry
Before a K1 visa application can be approved, the petitioner and beneficiary must prove that they are both legally free to marry. This means that if the petitioner or beneficiary was ever married before, it must be proven that the prior marriage was lawfully terminated via divorce, annulment, or death. To prove this, the petitioner will need to submit the proper documentation.
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Us Fianc Visa Requirements
If you are planning to marry a US national in the United States, you will in most cases need to secure a fiancé visa for the USA.
There are several immigration options to consider if you are marrying a US citizen, including the fiancé visa which will be appropriate if your plans are to travel to the US to get married there.
Below we look at frequently asked questions in relation to this type of visa, from what this is to how much it costs.
The Second Step: Applying For A Visa
The NVC will mail you a letter when it sends your fiancé case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
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How To Apply Online For A Business Or Tourism Visitor Visa To The Us
Please note: In response to the COVID-19 pandemic, the State Department temporarily suspended routine visa services at all U.S. embassies and consulates in March 2020. The process to resume routine visa services began in February 2021.
Under normal conditions:
If you are planning a brief visit to the U.S. for business or tourism, you might need to apply for a visitor or a transit visa. These are the steps you should take:
1. Find out if you need a visa.
Check to see if your country participates in the U.S. Visa Waiver Program . If you don’t see your country listed, you will need a nonimmigrant visa to visit the U.S.
2. Determine which visa you might need for your visit.
Most business and tourism travelers use B-1 and B-2 visitor visas.
B-1 visa classification is for business travelers to consult with business associates, attend a conference, settle an estate, or negotiate a contract.
B-2 visa classification is for tourists on vacation and people coming for medical treatment, a social event, or participation in amateur contests for no pay.
Transit visas are less common.
Transit C visa classification is for foreign nationals traveling through the U.S. to another country and stopping briefly in the U.S. as part of their travel to the next foreign destination.
Transit C-1, D, and C-1/D visas are for crewmembers of sea vessels or international airlines traveling to the U.S.
3. Apply for a visa.
In general, you will need:
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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The Couple Must Plan To Marry Within 90 Days
The USCIS wants to ensure that engaged couples that apply for a K1 visa are actually in a bona fide relationship. To cut down on the amount of fraud involved in marriage-based immigration, trans-national couples seeking a K1 visa must intend to marry within 90 days of the immigrant fiancé entering the U.S.
Inspection At A Port Of Entry
Once you have a valid K-1 nonimmigrant visa, you then need to be inspected at a port of entry. An important part of the fiancé visa is that you do not have automatic entrance into the United States. A CBP officer will inspect you and once you pass, you can enter into the U.S.
It is also important to note that along with your visa, you will be given other documents in a sealed packet. The immigration officer will open the packet, so make sure it remains sealed when you enter the United States.
After official entry into the United States, you and your fiancé have 90 days to get married.
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How To Bring Your Loved One To The Usa With A K 1 Visa
Once you and your spouse are married, an adjustment of status application can be submitted. The adjustment of status application allows for the immigrant to continue their immigration case in the USA. The k1 fiance visa is helpful because it allows for the finance to enter the USA legally. That legal entry opens to the door to adjusting status in the USA and getting a green card. Many people prefer this route to consular processing. For consular processing, the couple gets married, but the application process for a green card happens in the country of birth of the foreign spouse. This means that although the couple is married, they will spend time apart. The K 1 fiance visa allows for the couple to continue their immigration case together.
Getting A Job In The Us As A Foreign Worker
Based on your skills, circumstances, and the job that you plan to do, you may be able to come to the U.S. as either a:
Temporary or permanent foreign worker, or a
Temporary visitor for business
Under certain circumstances, you may also be able to work in the U.S. if youre a foreign student or an exchange visitor.
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The Status Of Your Fiance Or Fiancee
What is a fiancé or fiancée visa?
The K visa enables you to enter the United States to get married. The U.S. citizen fiancé or fiancée must file a petition with USCIS. Processing takes approximately four to six months, and includes an interview with the fiancé or fiancée who is abroad.
My fiancé is American, but he doesnt have a U.S. passport, only a green card.
He is not a U.S. citizenhe is a permanent resident. He can apply for you to become a permanent resident too, but because of the quota you will have a long wait before you can even apply for a green card.
If my fiancé, a permanent resident, applies for me to become a permanent resident after we get married, can I stay in the United States?
Only if you have a valid nonimmigrant visa for the entire waiting period .
Medical Examination And Vaccination Requirements
In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
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How To Apply For A Fianc Visa
To apply for a Fiance Visa USA your US fiancé will first need to file a petition on your behalf with US Citizenship and Immigration Services using Form I-129F ), together with the relevant fee.
The petition will also need to be supported by various documents to prove your eligibility as a fiancé.
The documentation will need to include evidence of the US citizenship of your fiancé, termination of any previous marriages, your intention to marry in 90 days of entry and any in-person meetings. Your fiancé will also need to provide a colour passport-style photograph of each of you.
Once the petition is approved, you will need to submit your visa application online using Form DS-160, together with the relevant fee. You will also need to schedule an interview appointment with the US Embassy or consulate where you reside.
You will need to take a number of documents with you to your interview, including but not limited to the confirmation page of your Form DS-160 and your passport valid for travel for at least six months, as well as evidence that your relationship with your US fiancé is genuine.
The interviewing consular officer will ask you various questions relating to the nature of your relationship, including how you met and how the relationship has subsequently progressed. You will also be asked what your intentions are when you travel to the United States, in particular, whether you intend to live a life together with your new spouse.
How Long Will It Take To Get My K Visa
For Form I-129F, Petition for Alien Fiancé, you can visit the USCIS website for the status of your petition.
Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
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