How to Apply for a k1 visa Fiancee
the first step in helping your soulmate get a k1 visa fiancee is to file the form I-129F you can click here to have Preview of step by step video on filing the form I-129F for a K1 visa fiancee but we encourage you to read below the requirement, the potential red flag as well as the different step for a K1 visa fiancee. We also present different others form that you will need to file during all process that will ultimately lead to a green card for your fiancee.
The map road Toward a K1 visa fiance(e) up to the green card status explained click to acces the section you are interested about
I) First understand what is a K1 visa fiancee
II) Do some consideration before taking the first step for a K1 visa fiancee
1) Eligibility requirement
2) Red flag or cause of rejection
3) Pros and Con: K1 Visa fiance vs Green card through marriage oversea with form I-130
III) File the form I-129F:Petition for a K1 fiancee visa ( watch the step by step video)
IV) Step to take once the case is forward to foreign embassy
1) Online form DS-160 nonimmigrant visa
2) Affidavit of support form I-134
V) Other required document for the interview with the foreign fiance
VI) After receiving the K1 fiancee Visa
VII) After wedding in USA with k1 visa fiance
-Conditional resident would be granted along with work authorization
VIII) The final step: Become lawful permanent resident by removing condition
I) Understand what is a K1 fiancee visa
The fiancé(e) K-1 nonimmigrant visa is for the foreign fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign fiancé(e) 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 (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS)
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II) Consideration before taking the step for a K1 fiancee visa
Before taking the first in apply a K1 fiancee visa lets take a time to consider theses requirements and Red flag of your case
1)Eligibility Requirements
If you petition for a fiancé(e) visa, you must show that:
You (the petitioner) are a U.S. citizen.
You intend to marry within 90 days of your fiancé(e) entering the United States.
You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
You met each other, in person, at least once within 2 years of filing your petition.(document your visit with receipt. picture and others..). There are two exceptions that require a waiver:
a) If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
b). If you prove that the requirement to meet would result in extreme hardship to you.
Although the requirement to meet each other is at least once if it is possible it’s better for the petitioner to meet with his fiancee more than one time
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2)Potential red flag for fiance visa
a)The foreign Fiance(e) and the US Citizen have met together just once for short time , by being a few days together may mean that you just want to have the immigration and the intent is not for marriage .It is advised to met together again just prior to the application. when we knew a mate for just a couple of month before applying for the visa can be seen as a problem . A short relationship may be a basis to deny the k1 visa
b) significant different age between the party could be too a potential red flag
c) Barrier of language between the party can be a great red flag , the fact how can you in love with someone that you can not communicate with
d) Insufficient document supporting the quality of the relationship
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3) K1 Visa fiance VS Green card through marriage
Pros and con
- Timeframe for both process :
it can take approximately between 5 to 6 months for all the process to get a K1 visa fiancee. while all process for marriage based green card with a US citizen can take approximately 14 months. Clearly with k1 visa your alien fiancee get in to US with shorter amount of time
-cost for both process
As of september 2014 the filling fee for petition for an Alien fiancee form I-129F is $340 while the filing fee for Green card through marriage form I-130 is $420 ;but the K! visa fiancee come with additional to file others form once the fiancee get in USA. The petioner have 90 day to get married his foreign fiancee; upon marriage two form has to be filed
3.1) Application to register permanent residence form I-485 (filing fee: $1070 )
3.2) Application for employment authorization form I-765 (filing fee: $465 )
the total for k1 visa fiance is $1810
Further after two years your fiancee who is now your spouse will need to file an additional form I-751 to remove the condition on his residence card (filing cost:$ 580 )
to sum up if the cost is not your problem and you want to have your fiancee quickly in USA you will opt for a K1 visa fiance. otherwise the Green card through marriage is way less expensive than a K1 visa fiance.
* However there is third option where you marry your fiance oversea ; Petition for her with the form I-130 once the form I-130 has been approve file a K3 spouse visa with the form I-129f this form may use both for K1 and K3 visa
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3.3 summary of the con of a K1 fiancee visa vs green card through marriage oversea
1)The fiancee visa is valid for 90 days if the US citizen doesn’t get married before 90 with
his fiancee . this fiancee will be forced to live USA
- once Married this fiancee have to file additional form (I-485 and I-765)
- the Resident card receive for a fiancee visa is conditional resident that would not be valid after two if there is separation in their union. if After two years they are still together this fiancee would ultimately receive his permanent resident card by filing the form I-751 this is the final step of the process to become a lawful permanent resident when choosing the option of K1 visa fiance.
III) File the form I-129F:Petition for a K1 fiancee visa ( watch the step by step video by clicking here )
once the form I-129F has been filed after 3 to 4 weeks the petitioner would receive his first notice acknowledging that his k1 visa petition has been received
A second notice of Action (NOA) will follow up acknowledging K-1 petition has been approved. approximately it would take 30 business day for your approved petition to be transferred to the National visa Center (NVC)
After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
At the same time The NVC will l also mail to the petitioner a letter when it sends the fiancé(e) case to the U.S. Embassy or Consulate. Once the petitioner receive this letter, he should follow the following next step which involve applying for the online nonimmigrant visa application by filing the form DS-160.The consulate or the embassy where the foreign beneficiary is living will also forward form and checklist to the foreign beneficiary explaining what document that he will need to submit. it is important that the foreign fiance follow all the instructions in the packet that he received from the consulate
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IV) Step to take once the case is forward the foreign embassy
The foreign fiance will receive from the consulate all instruction that his case required , those instructions will also be forward to the petitioner.although it may have some difference from a consulate to another one , still there is always some common step like:
1)Online form DS-160
fiance receive The form DS-160 has to be filed online you can buy the video on how file it online here , but prior to file this form foreign fiancee’s passport as well as his photo passport is required . Generally the online form DS-160 must be filed by the applicant (the beneficiary) but the petitioner may do it too on behalf of his foreign fiancee.if you think that you can file the online form DS-160 by yourself without any help from our step by step video click here to access to visa center.once the the form DS-160 filed the foreign fiancee will need the confirmation of this application at the time of his interview
2) Affidavit of support form I-134
The he purpose of the affidavit of support form I-134 to show evidence that the petitioner has enough financial resource to support his fiancee. Proof of income can be tax return, statement from officer of the petitioner bank account describing date the account has been opened, total amount deposit for the past year, present balance. Letter from employer indicating the salary amount as well the date this employment began whether or not this position is temporary, part-time of full-time.The complete detail of the affidavit of support form I-134 with a step by the step video can be watched here. the foreign fiancee will need to present the affidavit of support at the interview
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V) Other required document for the interview with the foreign fiance
1) A valid passport to travel
2) Two passport photo
3) Proof of relationship with the fiancee
4) Medical exam (Place of such exam will be provide in the instruction letter)
5) Proof that the US Citizen petitioner has travelled to his or her foreign fiancee country
6) Birth certificate
7) Divorce and death certificate for any previous marriage
8) some embassy ask for police certificate not all of them
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VI) After receiving the K1 fiancee Visa
once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days
VII) After wedding in USA with k1 visa fiance
Upon marriage the fiance who become now spouse can file for Adjustment of Status (AOS) by filing the form I-485 and at the same he should file well form I-765 for employment authorization to become a Legal Permanent Resident, when filing for adjustment of status the petitioner is required to show proof of financial support for his spouse by filing the affidavit of support form I-864 .
Once the adjustment is complete your spouse is now free to work and travel in USA but this resident card not permanent it is conditional resident for two years they want to be sure that you will be be with your spouse after two years
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VIII) The final step:Become a lawful permanent resident by removing condition
Remember this residence is conditional residence that would permanent after two years if the couple are still together and they should file the form I-751 to remove this condition in other to become a permanent resident
Click here all step by step video related to K1 visa fiancee.(coming up soon we are working on it hold) the first form I-129F is almost done we are working on the other required form once your fiancee move to USA
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