The process for obtaining a fiancé visa

The process for obtaining a fiancé visa involves several steps:

1. Step 1: Petition for Fiancé(e) – USCIS:

• The U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e) with USCIS to establish the relationship.
• USCIS reviews the form and documents, requesting additional information if needed.
• If approved, USCIS sends the form to the DOS National Visa Center (NVC).

2. Step 2: Visa Application – DOS:

• The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where the fiancé(e) will apply for a K-1 nonimmigrant visa.
• The fiancé(e) applies for the K-1 nonimmigrant visa and attends a visa interview.
•  The consular officer determines eligibility for the K-1 nonimmigrant visa.

3. Step 3: Inspection at a Port of Entry – CBP:

• If granted, the fiancé(e) receives a K-1 nonimmigrant visa valid for up to 6 months for a single entry.
• Upon entry into the U.S., Customs and Border Protection (CBP) inspects and admits the fiancé(e).

4. Step 4: Marriage:

• The fiancé(e) must marry the U.S. citizen petitioner within 90 days of entry into the U.S. on a K-1 visa.

This process involves coordination between USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP), with background checks conducted at various stages to ensure eligibility and security.

All the requirements for a fiancé visa

To obtain a fiancé visa, you and your fiancé must meet the following requirements:

1. Intent to marry within 90 days: You must demonstrate that you and your fiancé intend to marry within 90 days of your fiancé’s entry into the United States as a K-1 nonimmigrant.

2. Form DS-160: Complete the Online Nonimmigrant Visa Application (Form DS-160) to apply for a temporary U.S. visa, including the K-1 fiancé(e) visa.

3. Passport validity: Ensure that your passport is valid for at least six months beyond your intended period of stay in the United States.

4. Evidence of intent to marry: Provide proof of your relationship, such as photographs, email correspondence, and travel records.

5. In-person meeting requirement: You and your fiancé must have met in person within two years before the date of filing the petition unless you can request a waiver of this requirement.

Additionally, you may need to provide other documents, such as proof of financial support, medical examination results, and police clearance certificates, depending on the specific requirements of the U.S. Embassy or consulate where your fiancé will apply for the K-1 nonimmigrant visa.

Benefits of a fiancé visa for a foreign national fiancé

The benefits of a fiancé visa (K-1 visa) for a foreign national fiancé include

1. Eligibility to Adjust Status in the United States: The K-1 visa allows the foreign national fiancé to enter the U.S. to marry their U.S. citizen fiancé and adjust status to become a lawful permanent resident.

2. Three-Month Grace Period Before Marriage: The 90-day grace period provided by the K-1 visa allows the couple to spend time together and better understand each other before getting married.

3. Availability for Everyone: The K-1 visa applies to all relationships, including same-sex relationships, allowing couples to enter the U.S. and marry within 90 days.

4. Faster Processing Time: K-1 visas typically have shorter processing times compared to other immigration options, enabling the foreign fiancé to join their partner in the U.S. sooner.

5. Ability to Get Married in the U.S.: The K-1 visa allows couples to exchange vows in the U.S., inviting family and friends to witness the ceremony.

These benefits make the K-1 visa a popular choice for couples seeking to reunite and marry in the United States, facilitating a smoother transition to permanent residency for the foreign national fiancé.

The processing time for a k-1 visa application

The processing time for a K-1 visa application varies at different stages of the process:

1. Form I-129F Processing Time:

• USCIS takes about 5 to 7 months to process Form I-129F, the Petition for Alien Fiancé(e).
• The processing times at different USCIS service centers range from 5.5 to 15.5 months.

2. DS-160 and Visa Interview:

• After Form I-129F approval, the foreign fiancé must file Form DS-160 and attend a visa interview.
• The time from filing DS-160 to visa interview completion and K-1 visa issuance takes about 3-5 months.

3. Entry to the U.S. and Marriage:

• Once in the U.S. on a K-1 visa, the couple has up to 90 days to marry, with the timeline depending on individual circumstances.

4. Form I-485 Adjustment of Status:

• After marriage, the foreign fiancé can file Form I-485 for adjustment of status.
• USCIS takes about 7 to 9 months to process Form I-485 for permanent residency (green card).

Overall, the entire K-1 visa process, from application to obtaining a green card, can take approximately 12 to 18 months, depending on various factors such as USCIS processing times and individual case complexities.

Cost of a k-1 visa application

The cost of a K-1 visa application can range from $1,000 to $5,000, including various fees and expenses such as government fees, medical exams, and legal assistance. Here is a breakdown of the costs involved in a K-1 visa application:

1. USCIS Filing Fee: $535 for Form I-129F, the initial petition filing.

2. Embassy Fee: $265 payable directly to the U.S. embassy where the visa interview is conducted.

3. Medical Exam: Typically ranges from $100 to $500, varying by country.

4. Travel Expenses: Varies depending on the foreign fiancé’s travel to the U.S. and any additional travel by the sponsor.

5. Legal Assistance: Costs for legal services can range from around $1,800 to $3,000 for a straightforward case.

These costs cover the essential fees required for the K-1 visa application process, ensuring that both parties can navigate the process smoothly and comply with all requirements.

Difference between a k-1 visa and a k-2 visa

The difference between a K-1 visa and a K-2 visa lies in their intended recipients:

K-1 Visa: The K-1 visa is for foreign citizens who are engaged to be married to a U.S. citizen. It allows the visa holder to enter the U.S. to marry their U.S. citizen fiancé(e) within 90 days of arrival.

K-2 Visa: The K-2 visa is for the unmarried children of a foreign citizen who is engaged to be married to a U.S. citizen. Children eligible for the K-2 visa can accompany the K-1 visa holder to the U.S.

Both visas are nonimmigrant visas and require the applicants to apply for adjustment of status with the United States Department of Homeland Security after entering the U.S. to become lawful permanent residents.

Difference between a k-1 visa and a k-3 visa

The difference between a K-1 visa and a K-3 visa is as follows:

K-1 Visa:

• Issued for fiancés who are engaged to marry a U.S. citizen.
• Requires the couple to marry within 90 days of the foreign fiancé’s entry into the U.S.
• Does not require an immigrant petition (Form I-130).
• Valid for one legal entry into the U.S.
• Children of K-1 visa holders can adjust their status without filing Form I-130.
• Cost varies but can be around $2,025 or more.

K-3 Visa:

• Issued for spouses of U.S. citizens who are already legally married.
• Requires the U.S. spouse to file Form I-130 from a foreign nation.
• Valid for multiple entries, allowing travel and work with proper documentation.
• Children of K-3 visa holders must file a separate Form I-130 for status adjustment.
• Cost varies but can be around $1,200.

These differences in eligibility criteria, validity, application process, and fees distinguish the K-1 visa for fiancés from the K-3 visa for spouses of U.S. citizens.

Difference between a k-1 visa and a k-4 visa

The difference between a K-1 visa and a K-4 visa is as follows:

K-1 Visa:

• The K-1 visa is for fiancés of U.S. citizens who are engaged to be married.
• It requires the couple to marry within 90 days of the foreign fiancé’s entry into the U.S.
• Eligibility criteria include being legally free to marry, meeting in person within 2 years, proving the validity of the relationship, and meeting income requirements.
• The K-1 visa does not require an immigrant petition (Form I-130).
• It is valid for one legal entry into the U.S.

K-4 Visa:

• The K-4 visa is for eligible children of a foreign citizen who is the spouse of a U.S. citizen.
• It allows children of K-3 visa applicants to enter and stay in the U.S.
• To qualify for a K-4 visa, an applicant must be under 21 years old and unmarried.
• The K-4 visa process involves similar steps as the K-3 visa application process, including filing Form I-129F and Form DS-160.

In summary, while the K-1 visa is for fiancés of U.S. citizens who plan to marry within 90 days of entry, the K-4 visa is for eligible children of foreign citizens who are spouses of U.S. citizens.

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