Can A K1 Visa Holder Transition To A Green Card
Your next question is probably what do you do once youve married your U.S. citizen spouse? What immigration documentation will allow you to stay and work in the U.S. with them?
After your wedding, you can apply for a . Best of all, your kids on a K2 visa will also enjoy the benefits of permanent residency through your marriage-based Green Card. A foreign spouse who is already married to a U.S. citizen can move here on a K3 visa whilst they are in the process of applying for a marriage-based Green Card.
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.
What Are The Next Steps After Marriage
If the foreign citizen obtains a K1 visa and the couple gets married in the US within 90 days, then the process to adjust status to a permanent one begins. This means that the foreign citizen will become a Legal Permanent Resident of the US by getting a spouse visa.
This process begins by filing Form I-485. Within the first two years of marriage, the foreign citizen will have conditional status with the CR-1 visa and afterwards can obtain unconditional status with the IR-1 visa.
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K1 Visa Requirements: How To Qualify For A Fiance Visa In 2022
By Michael Ashoori, Esq. U.S. Immigration Lawyer
The K1 visa, also known as the fiancé visa, is a great option to bring your fiancé to the United States. Through the K1 visa, a U.S. citizen can apply for their fiancé to get a special visa to the United States. Once the fiancé enters the United States, they can marry their U.S. citizen fiancé and apply for a green card in the U.S. .
In this guide, Im going to explain the 4 K1 visa requirements. If you have any questions, please email me at . Im an experienced immigration lawyer and I would be happy to help you.
How To Apply For A K
There are a number of steps you and your fiance must take in order to secure your K-1 Visa. For the first step on this route, your sponsor must file Form I-129-F, also known as a Petition for Alien Fiance. This must be done at the USCIS office that serves the area they live in and cannot be done overseas.
Once the USCIS approves the petition, itll then be sent to the National Visa Center . Youll receive a case number, and the petition will be sent to the U.S embassy or consulate where you live.
Once the case has been forwarded to the U.S embassy or consulate where you live, your sponsor will receive a letter. Upon receipt of this letter, you are then required to begin your application for a K-1 Visa and arrange your interview. Please note you can only do this when your sponsor has received a letter confirming the case has been forwarded to the relevant U.S embassy or consulate.
If any children will be travelling to the U.S to live with you, they must make a separate K-2 Visa application.
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Do The Same Income Requirements Apply To Form I
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year’s tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.
What Do I Do If I Do Not Meet The K1 Visa Income Requirements
If you do not meet the income requirements for the K1 visa in 2021, then you should not apply for the K1 visa. Instead, consult with an immigration lawyer, who can review your case and help you determine the best path to take. It is best to wait and have a plan that will work rather than apply and be denied late in the K1 visa process due to a lack of sufficient income to be considered a sponsor.
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How Visanation Law Group Immigration Attorneys Can Help
VisaNation Law Group K-1 visa immigration attorneys have helped many immigrants file and acquire their fiancé visas. They will help you prepare your forms and documents, including the affidavit of support.
We will also guide you through the interview process and all other aspects of your application. From start to finish, you can rest assured that your case is in good hands. You can schedule a consultation with our office today by filling out this contact form.
K1 Visa Eligibility Requirements For Foreign Partner
The foreign fiancé must satisfy the following requirements to apply for a K1 visa:
- Live outside the United States
- Be free and able to marry
- Have met the U.S. citizen sponsor within the two years before Form I-129F is filed.
- Have not committed any crimes, or be otherwise inadmissible, that would barr entry to the United States
- You must be able to produce records and documents requested by the U.S. consulate or embassy, such as:
- Valid, unexpired passport
- Police certificates
- Military records, if applicable
When the K1 Visa eligibility requirements listed above are met and the K1 Visa is granted, the foreign fiancé typically has six months from the date of approval of the initial I-129F form to enter the United States.
And when the foreign fiancé has arrived in the U.S., the couple has 90 days to get married or the foreign fiancé will need to return to their home country.
Dont leave your K1 approval to chance. Create a free account with Our Love Visa and well guide you every step of the way.
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Can I Work With A Valid K1 Visa
While you are in the US with a K1 visa, your US citizen fiancé must prove that they can support you. However, since you will get married and will start your process to adjust your status to a permanent one, you can plan ahead to work.
Initially, you must apply for an Employment Authorization Document by filing Form I-765 to USCIS. If approved, you are allowed to obtain a Social Security Number and even work for the period of time that your K1 visa is valid.
What If I Don’t Receive A Decision In The Estimated Timeframe
In some circumstances, some visa applications can take longer than usual. This may be for a variety of reasons and usually, a slightly longer wait time is nothing to worry about.
However, if youve got a deadline you need to meet, you may be anxious to get a decision. If so, and your application is taking longer than anticipated, it may be possible t speak to someone at the USCIS who can give you an update. Similarly, if were representing you, we can try to find out whats delaying your application, too.
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Online Nonimmigrant Visa Application
After Form I-129F has been approved, the sponsored fiancé will need to fill out Form DS-160. To complete this form, both fiancés will need to gather several required documents.
Weve broken it up into two categories: one for the sponsored fiancé and one for the US citizen sponsor.
K1 Visa Requirements for Form DS-160:
Sponsored Fiancé
- Birth certificate
- Valid, unexpired passport
- Police clearance obtained from all countries where the sponsored fiancé lived for more than six months since the age of 16
- Sealed medical exam form
- Divorce or death certificate of any previous spouse
U.S. Citizen Fiancé
- Affidavit of support, Form I-134
- Most recent tax return
- Proof of relationship
- Divorce or death certificate of any previous spouse
The consular officer will decide if the sponsored fiancés is approvable for a K-1 visa based on responses to the DS-160 and information gathered during the interview. Well look at which documents youll need to bring to the interview in the last section.
Not sure if youre eligible for a K1 visa? Check your eligibility here!
Who Can Qualify For A K
To be eligible for a K-1 fiancé visa, you must demonstrate not only your full eligibility but also your plan to marry within the 90 day time limit.
The K-1 fiancé visa has always been one of the simpler visas to apply for. However, evidence suggests that in recent years the K-1 visa application procedure has become more stringent, with fewer applications receiving approval. Before you apply, its a good idea to confirm that you have the appropriate proof to support your application. You and your foreign citizen fiancé are not eligible for the K-1 fiancé visa if you are already married, if you are planning to marry outside the United States, or if your foreign citizen fiancé is a current legal resident United States.
If you are not elligible to apply for a K-1 visa, you may be able to apply for the K-3 foreign spouse visa. The K-3 foreign spouse visa, like the K-1, is a temporary nonimmigrant visa that permits the visa holder to stay in the United States for a total of two years. The scope of this fiancé visa is quite specific, and while it is a limited visa, it is very explicit about how and when it can be used.
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The First Step: Filing The Petition
- You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé, with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé for information on where to file the petition. Further information is available on the USCIS website under Fiancé Visas. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
- After USCIS approves the petition, it is sent to the National Visa Center . The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé lives.
What Is A Fianc
Under U.S. immigration law, a foreign-citizen fiancé of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé, Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé. Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
In general, the foreign-citizen fiancé and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé, or, for example, if it is contrary in the U.S. citizen sponsors or foreign-citizen fiancés culture for a man and woman to meet before marriage.
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Intent To Get Married Within 90 Days
To qualify for a k1 visa, both parties must have the intent to get married to each other within 90 days of the foreign fiancés admission to the United States. What this means is that both the U.S. citizen and the foreign fiancé must plan on getting married within 90 days of the foreign fiancés arrival to the U.S.
When submitting the k1 visa application, it is important include clear evidence, including signed statements from both parties, explaining their intention to get married within 90 days.
K1 Visa Requirements: Who Can Apply For A K
The K-1 visa is a fantastic opportunity for a foreign citizen fiancé of a US citizen to come to the United States and solemnize their marriage in US territory. We all know how good the US can be as a destination for marriage, and not getting a visa for the US can make many people sad.
That is why Herman Legal Group continuously makes efforts to aware its audience of the different visa opportunities they have to come to the United States. This article will explore when you are eligible to apply for a K-1 visa.
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Petitioner Must Be A Us Citizen
To qualify for a k1 visa, the petitioner must be a U.S. citizen. This means that the person filing the immigration paperwork for their foreign fiancé must be a U.S. citizen. A U.S. lawful permanent resident is not eligible to apply for a K1 visa for their foreign fiancé.
Important Note: While green card holders are not eligible to apply for the K1 visa, they can still apply for a for their spouse. To qualify for a marriage-based green card, you must be married to your spouse before filing the immigration paperwork.
What Are The Documents Required To Get A K1 Visa
There are many documents that you may need to include with your petition for a K1 visa. The required documents will vary depending on your particular situation and the evidence that you have available.
If you will be submitting documents that are written in a foreign language, you should include certified English translations of these documents.
Below is a general list of some of the documents that may be required at the Form I-129f stage. Please keep in mind that this is a general list. You should review your case with an experienced immigration lawyer prior to determining the specific documents that you should include with your petition.
Required Documentation When Filing Form I-129f
- Unexpired passport of U.S. citizen petitioner to show evidence of U.S. citizenship
- Final divorce decrees and any other evidence that you or your fiancé have legally terminated all previous marriages
- Evidence of legal name change
- Flight tickets, itinerary, and passport stamps showing travel to see fiancé
- A signed statement from the K1 visa beneficiary and the U.S. citizen petitioner expressing each persons intent to marry the other within 90 days of the K1 visa beneficiarys entry to the U.S.
- Phone call logs showing regular communication with each other
- Text message threads showing regular communication with each other
- Copies of letters exchanged between each other
- Signed statements from friends and family attesting to the relationship between both parties.
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How Much Does It Cost To Apply For A K1 Visa
It costs $265 to apply for a K1 visa. The amounts vary by year as well as by country due to different relationships that the US has with other countries, but the main categories for which you will be asked to pay fees are as follows:
- Petition fee for the Form I-129F.
- Form DS-160 submission fee.
- Other costs related to filing documentation and translation.
You And Your Fianc Must Have Been Together Some Time In The Two Years Before Filing The Petition
To protect against sham marriages, U.S. immigration law requires that fiancé visa applicants have met in person within the two years preceding the date the initial fiancé visa petition is filed. Given how many couples fall in love over the Internet, or even through old-fashioned letter writing or arranged marriages, such a meeting may not always have happened between fiancés. Couples who have not yet met, however, will need to make sure they do so at least once in the two years before applying for the fiancé visa. Even a brief meeting may be sufficient.
In some countries, prospective husbands and wives customarily do not meet before their wedding. If one or both of you come from a country where such a meeting would not be acceptable, you may find the meeting requirement a bit of a hurdle. Fortunately, if you provide documentation of the prevailing customs in your country, USCIS may overlook this requirement. There is also an exception for people who cannot travel to be together, for medical reasons.
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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