The K-1 visa allows fiances to marry American citizens within 90 days. This is the fastest way for couples to enter the US and get married within 90 days.
What is the K-1 Fiance visa?
The K-1 is a 90-day temporary visa that allows a fiancee of an American citizen enter the United States in order to marry. You must marry your partner within 90 days of arriving in the US on a K-1 visa. The visa cannot be extended if the deadline is missed.
You can adjust your status after your marriage and receive a conditional greencard for two years. You can live and work in America while still married to your spouse. You’ll need to apply later to remove conditions to get a green card for 10 years.
Do you meet the key K-1 visa requirements?
In order to qualify for the K-1 Fiance Visa, you need to meet certain eligibility requirements.
You have engaged a US citizen
Your fiancee must be an American citizen and not only a green-card holder. Your fiance will be your visa sponsor, and they must petition on your behalf.
You can legally marry
You are not married, you have reached legal age and your relationship with your fiancé is not close. You will have to adhere to the laws in the state you intend to marry.
You have met your partner in person within the past two years
US immigration is looking for proof that your relationship exists. Even a brief vacation can be considered if the meet-up is short.
You intend to marry in America within 90 days after arrival
The K-1 is specifically for marriages that occur quickly after entry into the country. Be flexible with your wedding plans in the event of delays.
Your fiance meets income requirements
You’ll need to prove that you can support yourself financially at 125% over the poverty line in the US. You may have to expand your business, if it is heavily invested. As long as you are able to meet these five criteria, you will be able to move forward with your K-1 visa application. We’ll look at how long the process takes and what each step entails.
From Start to Finish, the K-1 Visa Process
The process of obtaining a K-1 Visa involves many steps, forms, costs, and waiting times. Here are the main phases:
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Your fiance files Form I-129F (6-12 months)
Your American partner will need to submit a petition for a visa on your behalf, using the Form I-129F. It involves:
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Prove your relationship by meeting in person
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Proof that your partner meets the income requirements
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Information about immigrants and their biographies
Currently, 75% of I-129F requests are approved. However, the process can take 6-12 months.
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You apply for a K-1 Visa and attend an interview. (1-3 months).
After the I-129F has been approved, you can apply for a visa. Fill out the DS160 form, and then schedule a K-1 interview at your nearest US embassy. A medical examination and supporting documents are also required. Visa processing usually takes between 1-3 months.
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You receive your K-1 visa (2-4 weeks)
Your passport will be stamped within 2 to 4 weeks if you are approved following the interview. Then you have six months to enter America and get married.
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Get married within 90 days of your marriage and apply for the green card
You and your fiancé must marry within 90 days of arriving in the US. You can adjust your status after you marry and receive a conditional Green Card. From start to finish, the entire K-1 visa takes 8-16 months. Be prepared for a long process!
How to Get a Green Card after Your K-1 Marriage
The first step is to marry your fiance in 90 days after entering the K-1. You could soon be searching for advice on how to run a business together with your spouse. How to go from temporary visa holder into conditional permanent residency with a Green Card:
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Submit Form I-485 application
You must fill out Form I-485 after your wedding to change your status from conditional green-card holder to permanent green-card holder. This application will include the following:
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Your marriage certificates as proof that you were married
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Information about immigrants and their biographies
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Medical examination results
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Evidence of Financial Support
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Attend your biometrics appointment
You will receive a notification to visit a centre that supports application for fingerprints, photographs, and signatures. This is a part of the background checking process.
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Complete your interview for adjustment of status
Your spouse and you will be interviewed by your local USCIS office. They will want to confirm your marriage and relationship.
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Receive your two-year conditional green card
You’ll receive a conditional Green Card valid for two-years if you are approved. You can work and live in the US, but you must wait before traveling. The green card application process following a K-1 union takes between 6-12 months.
Remove the Conditions to Get a Green Card for 10 Years
In order to upgrade your conditional card into a 10-year permanent green card, you must file Form I-751 90 days prior to the expiration of your 2-year card.
This petition proves that your marriage is genuine and removes any conditions. You will submit evidence such as:
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Statements of your total assets
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Birth Certificates of all children you have had
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Photos & letters to demonstrate your relationship
The conditions are lifted if you receive a green card for a decade and have a path towards US citizenship.
What is the overall timeline for a K-1 visa and Green Card
The K-1 visa can take a long time to process due to the mandatory waiting period and processing times. Here are approximate durations
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I-129F petition: 6-12 months
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K-1 visa application: 1-3 months
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Get married within 90 days
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Green card after marriage: 6-12 months
From start to finish, the total timeframe is 15-24 months. The timeline can be extended if there are delays or problems. USCIS updates its processing times. This is a faster route than other alternatives, such as spousal Visas that require marriage first. The K-1 allows you to marry in the United States sooner.
What to do if your K-1 visa application is denied?
Despite all your efforts, you may find that your K-1 application is denied for reasons such as insufficient evidence, eligibility changes, or background checks.
Here are some options if this happens:
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File an appeal if your I-129F petition is denied
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If your visa application is denied, and you improve your situation
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Request an administrative review if you believe an error occurred
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Consult an immigration attorney about the best next steps
If you are denied a visa, it is important to have an experienced lawyer on your side. Rejection is not the end of your case if you are able to make a compelling argument.
Summarising the whole thing…
The K-1 fiance Visa allows engaged couples to marry in the United States in 90 days. The K-1 fiance visa has a lengthy application process and strict eligibility requirements. It also involves waiting periods between 12-16 months. You will need to show that you are in a real relationship and that you meet all legal requirements.
After you have arrived and tied the knot, you may apply to change your status to conditional green card holder. You can remove conditions after two years and prove that your marriage is genuine.