You Must Satisfy The Suitability Requirements
The relevant suitability requirements can be found under the subheading Section S-EC: Suitability-entry clearance of Appendix FM of the Immigration Rules.
This sets out the reasons for which your application will be automatically refused.
Your application will be refused if:
- If the Secretary of State has personally directed that your exclusion from the UK is conducive to the public good
- You are currently subject to a deportation order
- You have been sentenced to a period of imprisonment for at least 4 year of imprisonment following the conviction of an offence
- You have been sentenced to a period of imprisonment for at least 12 months following the conviction of an offence, unless more than 10 years have passed since the sentence end date
- You have been sentenced to a period of imprisonment for at less than 12 months following the conviction of an offence, unless more than 5 years have passed since the sentence end date
- It is undesirable to issue your fiance visa because of your previous conduct
- Despite being asked to attend an interview, you failed to do so
- Despite being asked to provide information , you failed to do so
- You have medical issues which result in it being undesirable to grant your partner visa application
- A caution was issued to you under s22 of the Criminal Justice Act 2003 within the 5 year prior prior to the application end date which had a condition of you leaving or being removed from the UK.
Your application may be refused if:
What Is The Uk Fianc Visa Appeal Process Time
There is no set time for visa appeals to be processed. Some may be decided within one month, while others may have to wait for over 12 months.
Approximately 50% of immigration decisions are overturned on appeal, and recent figures showed that the Home Office loses 75% of immigration appeals.
This means that there is a high chance that you will be successful if you submit a strong appeal against your initial decision.
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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You Must Meet The Tuberculosis Requirement
The test generally takes the form of a chest X-ray which will be reviewed by a doctor.
If you do not have TB, you will be issued with a certificate which you must provide with your application.
This certificate is valid for 6 months from the date of issue.
In the event that the X-ray cannot sufficiently determine whether Tuberculosis is present, you may be asked to provide a sputum sample, which is essentially phlegm that has been coughed up from your lungs.
What is the exception to this general rule?
Even if you are a resident in one of the listed countries, you will not have to take a Tuberculosis test in the following circumstances:
- you are a returning UK resident and have not been away from the UK for more than 2 years
- you have the special status of being a diplomat accredited to the UK
- you have resided in a country where TB screening is not required by the UK for more than 6 months and you have not been away from that country for longer than 6 months.
Do children have to take a Tuberculosis test?
Children under the age of 11 will not usually require a Tuberculosis test, however ultimately this is down to the doctor at a Home Office approved clinic.
Green Card Holder Fianc Visa: Can A Green Card Holder Invite A Fianc To The Us
As you prepare for your marriage as engaged partners, its important to have your fiancé green card all sorted so that your arrival to the U.S. and your marriage go smoothly. There are a few steps you need to take to prepare for your K-1 green card, fiancé visa. During this process, we often get the question can a green card holder invite a fiancé to the U.S.? The short answer is no, yet we can discuss options for you are your fiancé. We can also guide you through the fiancé visa green card process as one of you is a U.S. citizen and the other is a foreign national.
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What Is The K
The K-1 visa allows the foreign-born fiancé of a U.S. citizen to travel to the United States to marry their partner within 90 days of arrival. The foreign spouse can then apply for a marriage green card.
In this guide you will learn about K-1 visa processing times, fees, requirements, and the application process.
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.
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What Are The Fiance Visa Requirements
Similar to other partner visas, the Fiance Visa requirements are:
- You must intend to get married within 6 months
- You must intend to live together permanently after you have been married
- You must meet the Fiance Visa financial requirements
- You must have met each other in person at least once
- Your partner must demonstrate adequate English language ability.
If you are concerned you do not meet any of these requirements, our expert lawyers will be able to advise you on the alternative ways you can prove that you are eligible for a UK Fiance Visa.
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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Does My Us Citizen Fianc Need To File Separate Petitions For My Children
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé, that your U.S. citizen fiancé filed on your behalf, but your U.S. citizen fiancé must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCISs website under Green Card .
Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the childs stepchild relationship with your spouse must be created before the child reaches the age of 18.
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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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
Four: Enter The United States Using K
The immigrating fiancé will need to present the K-1 visa at a U.S. border, airport, or other point of entry. Admission at this point is not guaranteed. If the officer of Customs and Border Protection finds evidence that the person is not, in fact, eligible for the visa, or is otherwise inadmissible, the officer can deny entry.
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.
Required Documents For A Green Card Adjustment Of Status After K
If you married in the US under the K-1 Visa then you will want to adjust your status as soon as possible to stay in the US. In order to qualify for the US Marriage Green Card there are several documents required:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Copy of the Form I-797, Approval Notice for the Form I-129F filed on your behalf
- Copy of your marriage certificate
- Two passport-style photographs
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How To Bring Your Fiance To The Us
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.
Once you have been approved for a K-1 Visa you will have to be married within 90 days or else the foreign fiance will be ordered to leave the US.
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.
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Fianc Visa Availability When One Of The Partners Are Under Age
Most states require that both parties in a marriage be of legal age. Legal age is considered 18 in all states. In some states, people under the age of 18 can marry if they receive consent from their parents. If a U.S. citizen is bringing over an underage fiancé, they must first research which states will allow them to marry and provide this information on the application. They will also have to have a legal document at shows consent of the minors parents for the wedding to take place.
If I Am Not Sure That All Of The Fianc Visa Requirements Are Met Shall I Submit The Application Anyway
If you are unsure your application meets all of the requirements of the Immigration Rules, it is best to wait.
This is because, if your application is refused because you do not meet all of the fiancé visa requirements, you will:
- lose all monies paid for Home Office processing fees and
- have a visa refusal on your immigration record which could negatively affect subsequent UK visa applications.
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You Must Submit The Application From Outside The Uk
In the vast majority of cases, the application must be made from outside the UK.
What is the exception to this rule?
The exception to this is found in E-LTRP.1.11 of Appendix FM of the Immigration Rules which states that if an applicant already entered the UK on a fiancé visa and the proposed marriage or civil partnership did not take place due to valid reasons, then the applicant is eligible to re-apply for a fiancé visa.
In such a case, you will need to provide evidence that clearly demonstrates that the marriage or proposed civil partnership will take place within six months from the date of application.
It is also worth pointing out that in the above situation, if a visa extension is successful, the extension will only be valid for a maximum of 6 months and the applicant will continue to not be permitted to work or have recourse to public funds.
Proof Of Financial Support And Affidavit Of Support Forms
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé.
The U.S. citizen fiancé will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.
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What Are The Documents Required For A K1 Visa Application
Here are the documents that you should submit when applying for a K1 visa:
- Valid passport for more than 6 months after your intended stay in the US.
- Divorce or death certificates in case of a previous marriage.
- Evidence of the relationship with the US citizen.
- Medical examination documents .
- Proof of payments of fees.
Fianc Visa Appeal Process
To lodge a Fiancé Visa appeal, it is recommended that you follow the below steps:
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The Fiance Visa Requirements
Below you can find an itemized list of all the fiance visa requirements you need to comply with in order to be eligible for a fiance visa.
The US government requests that you submit the fiance visa forms and the documents needed for a fiance visa before granting your K-1 fiance visa to ensure that you meet all of the US fiance visa requirements.