WHAT IS A K-1 FIANCE VISA AND WHAT ARE THE REQUIREMENTS TO APPLY?

April 3, 2021 0 comment

The K-1 fiance visa is a non-immigrant, also termed as temporary visa issued to fiance of U.S. citizen for entering the United States for the reason to get married.

If the couple desires, the person born in a foreign- country, after marriage, is eligible to apply for a lawful permanent residency or green card using the procedure called adjustment of status. This process do not involve leaving the US for the scheduled green card interview.

Here in this article we will talk about the detailed discussion about What a K-1 Fiance Visa is and what are the Requirements to Apply for it?

Even before starting the application process, it is important to know that the U.S. citizen and the fiance to have met in the last 2 years before applying for the K-1 Fiance visa petition.

The citizen of United States, who will be referred as “petitioner,” needing to file a petition with USCIS (United States Citizenship and Immigration Services). This can be done by email, using the USCIS Form I-129F which is the Petition for Alien Fiance.

The petitioner also need to pay a nonrefundable fee to the USCIS. This fee is $535 for the 2019, but you should check the USCIS website for any latest updates.

After the submission of the petition, USCIS will later on review it for any errors, within a time period of 2-3 weeks, along with the Form I-797 Notice i.e. acknowledgment receipt.

The consulate or embassy informs the fiancé about the requirements for the K-1 Fiance form, medical examinations, and the needed documents.

Along with a valid passport, the fiance need to submit the following documents at the time of interview:

  • birth certificate
  • death or divorce certificate of the previous spouse for the applicant and petitioner
  • police certificate from all the places you’ve lived since the age of 16
  • medical examination report
  • Form I-134, Affidavit of Support is optional
  • Non immigrant Visa Application submitted online
  • U.S. passport style, two photos,
  • evidence of fiance relationship
  • valid passport for travelling to the U.S., with the expiration date of at least 6 months beyond the date you leave the United States,  after entering on fiance visa.
  • visa fee payment.

The immigrating fiancé need to show the K-1 visa at the U.S. border, airport, or any other point of entry. If the Customs and Border Protection officer (CBP) finds proof that you are not eligible for the visa, or inadmissible, the officer holds complete power to deny the entry.

If the immigrant procedures to apply for green card, to get married right after the immigrant’s entry to the US, it is the best option. Doing this, you get time for receiving the official marriage certificate before ninety days on the fiance visa. You will be needing this official marriage certificate for submitting the green card application. In case, you face any difficulty regarding the filing of K-1 Fiance Visa, the best advice is to consult an expert immigration attorney, that can help you with all the complexities of the case.