Fiancé Visa Requirements for K-1 Nonimmigrant

For the standard couple pursuing a fiancé visa (Ok-1), it’s their first publicity to the U.S. immigration system. It may be an amazing course of at first look. However with somewhat persistence and diligence, serving to a fiancé immigrate to the US is feasible with out the price of an legal professional. The U.S. citizen begins the method by submitting a visa petition. As soon as accepted, the overseas citizen fiancé could apply for the visa and a inexperienced card. Alongside the way in which, there are numerous fiancé visa necessities.

Most individuals that fulfill the fiancé visa necessities obtain an approval. Nevertheless, you don’t wish to be one of many hundreds to obtain a denial. In fiscal 12 months 2020, USCIS denied practically 23 % of petitions earlier than they even reached the embassy degree. Use this text as an summary to begin your journey. So long as you don’t have a felony historical past or earlier immigration violations, you are able to do this.

The Huge Image – Immigrating via a Fiancé

There are numerous steps within the Ok-1 visa course of. Nevertheless, the journey might be divided into three main parts: petitioning the fiancé for a visa; making use of for the visa; and at last making use of for everlasting residence (inexperienced card).

Kind I-129F Petition Necessities

Step one towards acquiring a Ok-1 visa is for the U.S. citizen to file Kind I-129F, Petition for Alien Fiancé. Sadly, a everlasting resident can not file Kind I-129F. Subsequently, the petitioner should both turn into a U.S. citizen via naturalization or get married outdoors the US after which petition the partner for an immigrant visa.

Along with the precise Kind I-129F, the U.S. citizen petitioner should additionally submit the next gadgets as a part of the package deal:

• USCIS Submitting Charge
  You will need to pay the petition charge on the time of submitting.
• Proof of U.S. Citizenship
  You’ll must submit a photocopy of your U.S. beginning certificates, U.S. passport, naturalization certificates or different proof of citizenship.
• Proof that any Earlier Marriages have been Terminated
  In brief, you have to submit proof that your earlier marriages (if any) have ended. A divorce decree or loss of life certificates is adequate.
• Passport-Type Picture
  All petitioners should submit a photograph of themselves taken based on State Division requirements for passport-style pictures.
• Proof of In-Individual Assembly with Fiancé
  You will need to show that you’ve bodily met your fiancé at the very least one time throughout the final two-year interval. On-line conferences don’t depend towards this requirement.
• Proof of Intention to Marry
  There should be proof that the couple plans to get married throughout the 90-day window allowed by a Ok-1 visa based mostly on a bona fide marriage.

USCIS could require further gadgets based mostly on the petitioner’s solutions in Kind I-129F. For extra detailed steerage on proof, learn proof to submit with Kind I-129F. Once you put together your petition via CitizenPath, we’ll generate customized submitting directions based mostly in your particular scenario. Along with a ready-to-sign petition, you’ll know precisely which gadgets to submit in your petition package deal. We even assure your success.

Fiancé Visa Necessities

As soon as USCIS approves the I-129F petition, the U.S. Division of State could have further fiancé visa necessities. USCIS will switch the case to the Nationwide Visa Heart (NVC). The beneficiary (overseas fiancé) might want to submit the next gadgets to the NVC or U.S. embassy that’s requesting them:

• Kind DS-160, On-line Nonimmigrant Visa Software
• Passport legitimate for at the very least six months past meant interval of keep within the U.S.
• Police certificates out of your current nation of residence and all nations the place you might have lived for six months or extra since age 16
• Medical examination
• Kind I-134, Affidavit of Assist
• Passport-style pictures (2)
• Proof any earlier marriages have been terminated
• Proof of bona fide relationship with the U.S. citizen petitioner
• Visa charges

Every U.S. embassy could have barely totally different fiancé visa necessities and will request further proof. The consular officer could ask for extra info, akin to pictures and different proof of a bona fide relationship with the U.S. citizen.

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Making use of for a Inexperienced Card after Entry

One of many basic necessities of a fiancé visa is that you just marry inside 90 days of coming into the US. (If the overseas nationwide chooses to not marry, she or he should depart the U.S. earlier than the 90-day interval ends.) Assuming that you just’ve married inside this timeframe and plan to remain within the U.S., making use of for everlasting residences (generally often known as inexperienced card standing) is the subsequent step.

Adjustment of Standing

By itself, marriage to a U.S. citizen supplies no immigration standing. The overseas nationwide should formally request a change to his or her immigration standing based mostly on the brand new qualifying relationship to a U.S. citizen. This means of making use of for a inexperienced card inside the US (based mostly on lawful presence via a visa) known as adjustment of standing. The Ok-1 entrant should submit extra types to ascertain these advantages. It’s an enormous job, however CitizenPath may also help make the method a lot simpler.

Whereas ready for the inexperienced card approval, people with a pending software could usually work and journey outdoors the US. There are further purposes however no further USCIS charges.

Software Bundle for the Inexperienced Card

The everyday adjustment of standing package deal for a Ok-1 entrant will embody the next gadgets:

• Relevant USCIS submitting charges
• I-485, Software to Alter Standing
• I-693, Report of Medical Examination and Vaccination File
• I-864, Affidavit of Assist
• Two passport-style pictures
• Copy of your authorities issued picture identification
• Copy of your beginning certificates
• I-94, Admission/Departure File
• Copy of passport web page with nonimmigrant visa
• Copy of passport web page with admission (entry) or parole stamp
• Proof of your marriage to the U.S. citizen inside 90 days
• Copy of Kind I-129F approval discover

This can be a typical checklist of things in an adjustment package deal. USCIS requires further types for employment and journey authorization. Use CitizenPath to arrange these types and get particular instructions on the supporting paperwork to submit on your scenario. For a extra in depth rationalization of this course of, see our article about Adjustment of Standing By a Ok-1 Visa Entry.

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The journey via all of the fiancé visa necessities might be exhausting at instances. However in case you’ve discovered the correct companion, it’s completely value it. Thankfully, your entire journey to a inexperienced card (and U.S. citizenship) is unfold out. You don’t must do all the pieces directly. Plus, CitizenPath is right here to make it simple and reasonably priced. Get began in your fiancé visa petition.