K1 Visa (Fiance Visa) - Application Process, requirements and eligibility
Fiance Visa (K1 Visa)
A K-1 visa is a visa issued to the fiance of a United States citizen to enter the United States. A K-1 visa requires an outsider to wed his or her U.S. native citizen inside 90 days of section, or withdraw the United States. Once the couple weds, the outside national can change status to wind up a legal permanent inhabitant of the United States (Green Card holder). Despite the fact that a K-1 visa is legitimately named a non-immigrant visa, it generally prompts vital migration benefits and is along these lines regularly handled by the Immigrant Visa area of United States international embassies and offices around the world.
On the off chance that your fiance weds you inside 90 days of being admitted to the United States as a K-1 non-immigrant, he or she may apply for legal permanent occupant status in the United States (a Green Card). Here you will find the complete information about K1 Visa (Fiance Visa) application process, requirements, processing time, eligibility, fee etc.
K1 Visa (Fiance Visa) Requirements and Eligibility
Be a United States Citizen Aged 18+
The U.S. petitioner must be no less than 18 years of age, and have the capacity to demonstrate he or she is a United States resident. Green card holders are not qualified for the life partner visa.
Be Legally Free to Marry
In the event that the petitioner was ever married previously, he or she should give verification that any such marriage has been legitimately ended through death, separation, or invalidation. This is normally demonstrated with proof, for example, a passing testament or separation proclaim.
Expect to Marry Within 90 Days
The petitioner must persuade USCIS operators and consular officers that the relationship is "real", and that he or she genuinely plans to wed inside 90 days of section. This is to evade misrepresentation from con artists wedding U.S. nationals for the sole motivation behind migration.
Have Physically Met the Fiance Within 2 Years
The couple must demonstrate that they have physically met face to face at any rate once inside the most recent 2 years. This doesn't mean they have to know each other for a long time, only that inside the most recent 2 years, they have met.
Meet the Income Requirement
A few visas rely on the outsider's budgetary capacity. The K1 visa relies on the U.S. petitioner's money related capacity. They should meet the base wage prerequisites, or utilize contrasting options to meet the necessity.
K1 Visa (Fiance Visa) Application Process
1. Petition for Fiance
- You need to file Form I-129F, Petition for Alien Fiance as per the form directions. This form requests that USCIS perceive the connection amongst you and your life partner.
- USCIS will audit your Form I-129F and the reports you submitted. They may mail you a demand for prove on the off chance that we require extra documentation or data.
- On the off chance that you set up your qualification, they will endorse your Form I-129F and perceive the guaranteed life partner relationship. Else, they will deny your Form I-129F and inform you of the purposes behind refusal.
- They will send the endorsed Form I-129F to the DOS National Visa Center (NVC).
2. Visa Application
- The NVC advances the approved Form I-129F to the U.S. Embassy or consulate where your fiance will apply for a K-1 non-immigrant visa. This is for the most part the U.S. Embassy or consulate where your fiance lives.
- The U.S. Embassy or consulate tells you when the visa interview for your fiance is scheduled.
Your fiance applies for the K-1 non-immigrant visa and conveys the required structures and reports to the visa meet.
- The DOS consular officer decides if your fiance meets all requirements for the K-1 non-immigrant visa.
- On the off chance that the consular officer grants the K-1 nonimmigrant visa, it is legitimate for up to a 6 months for a single entry.
- If the consular officer does not observe the relationship to be real, DOS won't issue a K-1 non-immigrant visa and rather will restore the Form I-129F to USCIS. By and large, if DOS restores a Form I-129F to USCIS after it has terminated, they will enable it to stay expired. However, you may document another Form I‑129F.
3. Inspection at a Port of Entry
On the off chance that DOS issues a K-1 non-settler visa, your life partner goes to the United States and seeks admission at a port of entry while the K-1 non-immigrant visa is valid.. Similarly as with any visa, a K-1 non-immigrant visa does not ensure admission to the United States. A CBP officer at the port of section will settle on a definitive choice about whether to admit your life fiance.
If your fiance is conceded as a K-1 non-immigrant, you and your fiance have 90 days to wed each other.
5. Adjustment of Status
- In the event that you wed within 90 days, your fiance now your spouse and may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- USCIS will review Form I-485 and the documents your life partner submitted. They may mail a demand for confirmation to your spouse in the event that we require extra documentation or data.
- You and your spouse will for the most part be required to show up for a meeting.
- In the event that you were married for under two years at the time the Form I-485 is endorsed, USCIS will allow your companion restrictive lasting occupant status and issue a Green Card legitimate for a long time. Your mate should evacuate the conditions on his or her living arrangement by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card terminates.
Documents Required for K1 visa (Fiance Visa)
- Completed Form DS-160, Online Nonimmigrant Visa Application.
- A passport valid for travel
- Divorce or death certificate(s) of any previous spouse
- Police certificates
- Medical examination
- Evidence of financial support
- Two (2) 2x2 photographs
- Evidence of relationship
- Payment of fees
K1 Visa (Fiance Visa) Processing Time
The whole K1 visa timetable can change significantly from individual to individual. Before 2018, courses of events for this procedure were ordinarily between 5 to 6 months from start to finish. The new organization's migration center have brought about broadened courses of events of all visa types. This is principally because of a higher workload and expanded candidate examination. Starting at 2018, on the off chance that you do everything effectively, abstain from getting a demand for confirm, and aren't from a high-extortion territory, the procedure is going up against normal from 6 to 9 months, through and through.
Income Requirements for K1 Visa (Fiance Visa)
Starting From $16,240 (for to household members) to $41,320 (for 8 household members) at the Rate of $4,180 per additional household member.
Failure to Marry Within 90 Days
K-1 non-immigrant status naturally terminates following 90 days and can't be expanded. For the most part, your fiance and his or her kids must leave the United States toward the finish of the 90 days on the off chance that you don't wed. In the event that they don't leave, they will be disregarding U.S. migration law. This may bring about expulsion (extradition) and could influence their future qualification for U.S. migration benefits.
However, in the event that you wed your fiance after the 90 day time span, you may file a Form I-130, Petition for Alien Relative.