K1 Fiancé(e) Visa Petition – Everything You Need to Know
If you are a US citizen and want to bring your fiancé to the US and entitle them to permanent residency, you can do it through the K1 Fiancé Visa Petition. The K1 Fiance Visa petition allows your fiancé(e) to enter the US with a K1 visa, a nonimmigrant visa that can lead to permanent residency. With a K1 visa, foreign nationals can get married in the US and obtain permanent residency through a green card.
Our team of highly professional immigration lawyers is ready to consult you anywhere in the world and will make your K1 Fiancé Visa process smooth so you can be with your loved one in no time. Read on to know everything about the K1 Fiancé Visa – eligibility criteria, the application process, cost, and how long it takes.
Who is Eligible for K1 Fiancé(e) Visa?
All of the following criteria must be met for a successful K1 Visa application:
- You, the petitioner, must be a US citizen;
- Once your fiancé is admitted to the US following the approval of the K1 visa, you both should marry within 90 days;
- You and your fiancé must prove that you are free to marry. If there were previous marital relationships, there must be separated by divorce, annulment, or death;
- You and your fiancé(e) must have met in person and at least once within two years before filing the petition. However, if meeting in person was not possible for a genuine reason, you can request a waiver to dismiss this requirement from your case;
- You and your fiancé(e) share a bona fide relationship. You will need to prove this later on in the application process;
- The income of the US citizen should meet the requirements of the Federal Poverty Guidelines. I the income doesn’t meet the requirement, they can continue with the application with a joint sponsor.
How to Apply for K1 Fiancé(e) Visa?
If you and your fiancé(e) are eligible for the K1 Visa, you can apply through this five-step process.
Step 1: Submitting Petition Form I-129F
The Us citizen is required to submit a petition form I-129F to the United States Citizenship and Immigration Services (USCIS). This form identifies the relationship between the citizen and the fiancé(e). You will need to submit the following documents with the form:
- Copy of petitoner’s Naturalization Certificate, US birth certificate or US passport;
- Copy of the foreign national’s passport and birth certificate;
- Evidence of your relationship’s legitimacy;
- Evidence that you both have met in person once within two years before filing the petition;
- Both partners’ written statements to stating their intent to marry within 90 days of entry to the U.S;
- Passport style photos of you and your fiancé(e).
When you submit Form I-129F, USCIS will review it along with the evidence. USCIS will forward your approved form to the DOS National Visa Center if the application is approved. However, USCIS can issue a Request for Evidence (RFE) for additional proof, send you a Notice of Intent to Deny (NOID), or deny your petition. It is important to do it right the first time to avoid additional cost and delays.
Step 2: Visa Application Through NVC
Once the petition is at the National Visa Center (NVC), the US citizen must prove that he or she has enough income to sponsor the K1 Fiance Visa applicant. Once NVC steps are complete, the NVC will forward the K1 Nonimmigrant Visa Form DS-160 application and approved petition to the US embassy or consulate of the sponsored fiancé(e)’s respective country. When the US embassy reviews the case, they will notify your fiancé(e) of the time and date of the interview.
This is followed by an interview conducted by the DOS officer. If the officer sees your fiancé(e) fit for approval, they will grant the visa.
Step 3: Inspection at the Entry – CBP
It is important to remember that a valid K1 visa does not guarantee admission to the US. Like all other visa holders, your fiancé(e) will have to go through inspection at Customs and Border Protection (CBP) to enter the country. Your fiancé(e) can enter the country once cleared by the CBP officer.
Step 4: Marriage
Once the fiancé(e) passes the CBP inspection and has entered the country, you have to marry your fiancé(e) within the 90 days you swore by while submitting the I-129F petition form.
Step 5: Adjustment of Status
After the marriage, your spouse can apply for a Green card through the Adjustment of Status Form I-485. Before USCIS approves the application, they might ask you or your spouse to appear for an interview to identify the relationship’s legitimacy.
If the interview is successful, your spouse will be provided with a Green card valid for two years, based on a conditional residency. Ninety days before the expiration of the green card, you both petition to remove the conditional residency. When this process is completed, your spouse will have permanent resident status, with a Green card valid for ten years.
K1 Visa Timeline and Cost
USCIS takes many months to process the Form I-129F petition, followed by an additional weeks or months that consists of the NVC process time and the interview at the US embassy. This process carries costs in government fees for USCIS and NVC. In addition to the cost of the medical exam and translations of civil documents into English. Government fees and other costs are subject to change without notice.
How We Help
The processing time of the K1 Visa is long and involves multiple steps. A wrong step along the way can lead to a denial and would require you to start over. We have helped many people worldwide get a K1 Visa by tailoring and implementing a successful strategy that suits your case best. Contact us today for a K1 Visa consultation to bring your fiancé(e) to the US. Call Terra Immigration at (407) 818-1244.