K1 visa is known as fiancé visa that is applicable for foreign citizen fiancé belonging to the United States. A detailed K1 visa process is given below. The K1 visa allows the foreign citizen fiancé to visit U.S to marry a United States citizen sponsor within 90 days. The later stage is filing for PR (permanent resident) with the department of Homeland Security (DHS), U.S citizenship and Immigration Services (USCIS). The fiancé should have the following requirements fulfilled before applying for K1 visa.
K2 visa is also a non immigrant visa the permit the children of the K1 holder to visit the United States and holds the visa until the availability of an immigrant visa. The person applicable for K2 visa should fit into this category i.e. aged less than 21 years, unmarried child of the K1 holder, waiting for immigration to the U.S. If you fall into these three criteria then you can apply for K2 visa.
Fiancé: Definition in Law Terms
According to the U.S immigration law, a U.S citizen fiancé is a beneficiary of an approved petition for Alien Fiancé Form I-129F, who is issued a non-immigrant K1 visa to travel to the U.S with an aim to marry his/her U.S citizen or fiancé. The marriage should be done at the time the petition was filed and is considered to be legal under the U.S government laws.
The U.S citizen fiancé and U.S citizen sponsor should meet in person for the past 2 years. USCIS shall grant an exception based on extreme conditions for the U.S citizen sponsor to have a personal interview with foreign citizen fiancé. Just as K1 and K2 visa is applicable for fiancé while K3 and K4 is applicable for spouse visa.
Eligibility for Fiancée Visa
Following is the eligibility criteria for K1 visa process. A flow chart is also attached for your perusal.
- The person applying for K1 visa should fit into the following criteria. The F1 holder is needs to fulfill an application process form 129-F, petition for Alien Fiancé.
- The petitioner should be an U.s citizen.
- Intention to marry your U.S fiancé within 90 days after entering in the United States.
- In case if you are already married, make sure to terminate your previous relationship by providing legal document of divorce, death certificate and annulment.
- You should meet each other in personal at least once within 2 years of filing your petition. In such cases, it brings rise to 2 waivers.
- The requirement would violate strict and accustomed customs practiced that belong to your foreign culture and social practice.
- The requirement to meet may result in extreme hardship by the K1 applicant.
Fiancé K1 Visa Application Form
Fiancé visa form is available on the official website. In case if you have plan to apply for K1 and K2 visa category, then you must acquire the K1 visa form from the official website. Many lawyers and visa consultation firm also keeps those form but they might charge hefty amount. Perhaps, it is a right idea to download your K1 and K2 visa form from below link
K1 Visa Process Flow Chart
Let us help you to understand the k1 visa process in an easy to understand flow chart. Following is the k1 visa flow chart that provides all necessary information regarding the visa.
Acts Responsible for K1 Visa
According to the International Marriage Broker Regulation Act (IMBRA) of 2005 of United States is a U.S federal status that needs a background check for all marriages for sponsor and limits serial visa applications. These are the following information required in IMBRA:
Detailed information about IMBRA requirements is situated in form I-129F, Petition for Alien Fiancé.
The U.S citizen sponsor should submit form I-129F; Petition for Alien Fiancé, this service is obtained at the official site of USCIS. Get detailed information on the USCIS website under Fiancé visas. The form I-129F is not filled at the U.S embassy, Consulate, USCIS office board. After the petition is approved by USCIS, it gets delivered to the National Visa Center (NVC). It would give you a case number and send the petition to the U.S embassy or Consulate at the place your fiancé lives.
NVC shall send its reply in mail that comprises of a letter stating a confirmation that your work is forwarded to the desired fiancé and the below listed actions to apply for K1 visa to prepare for an interview.
The children associated with K1 applicants can apply for K2 visa. For this a separate application needs to be submitted for each applicant and a decided visa application fee should be filled on time.
Submit your documents for both foreign citizen fiancé and related children applying for K2 visa. Please head down to know the documents that are necessary to for both:
- Apply Form DS-160, Online Non immigration Visa application. Both the K1 and K2 applicants should have a completely filled form DS-160 and two printouts of the DS-160 confirmation page that calls for your interview.
- Valid passport used for traveling in U.S with a validity of least 6 months and more for the intended period of stay.
- Divorce or death certificate of previous relationships that adds as a proof for you and your U.S citizen sponsor.
- Police certificates from your homeland and other countries, states or place lived for more than 6 months or more than 16 years along with it a police certificate to company children below 16 years.
- Full body check up that included vaccinations and all other medical examination.
- Proof of all your financial records. Fill form I-134. Affidavit of Support that will be required to apply to obtain K1 and K2 visa.
- Two 2×2 photography that is clicked keeping in mind U.S rules. Just wait some time to know the requirement.
The consular officer will surely ask for additional information like photographs, chats that ensures they have been in relationship with your U.S fiancé. The documents available in the foreign language should be easily translated. During the visa interview, make sure you take clear and relevant photocopies of civil documents and translations that include birth and divorcee certificates, also the original educational certificate shall be returned.
Medical Examination and Vaccination Requirement
While preparing for the interview, the applicants should have a complete medical examination. It is mandatory part of a K1 visa process. It is very important to undergo a medical examination that is performed by an authorized panel physician. All the necessary information related to medical examinations shall be provided from the United States Embassy or Consulate and also authorized panel physicians. For more information also refer the list of authorized panel of –physicians and do have a glimpse at the frequently asked questions.
It is a humble request for all the K1 applicants to get the vaccinations certified under the U.S immigration law. Such vaccinations are not required by K visa issuance but will be essential when adjusting status into legal permanent resident followed by your marriage. It is an essential part of the k1 visa process and it is mandatory to accomplish. Thus, these applicants are requested to finish with their medical examination.
Evidence of Financial Support and Affidavit of the Supporting Forms
As a part of K1 visa process a small interview will be conducted.In the visa interview, K1 card holders will be asked to submit a genuine proof to the consular officers assuring that they will not be a public charge in the United States. A proof stating that the applicant has enough finances to support himself/ herself in the U.S or even a proof that says your fiancé is financially balanced. It is a request to fill form I-134, Affidavit of support that needs to be submitted by the foreign citizen.
Along with this, the U.S citizen is needed to submit form I-864 to USCIS using the application for administer status. According to federal poverty guideline, about 125% of minimum income requirement is required when applying for form I-864. The applicants applying for form I-134 will need to show 100% U.S sponsor income according to the federal poverty guideline.
K1 Visa Fees
Know a detailed list of money shelled fee structure that is associated with K1 visa:
- Applying for an Alien Fiancé Petition, Form I-129F.
- Non immigrant visa application processing fee, Form DS-160.
- Medical examination (required for each K visa applicant).
- Other costs include translation and photocopying charges, fees for getting the documents required for the visa application like passport, police certificates, birth certificates, etc.
- Travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. For current fees for Department of State.
K1 visa process usually takes around 6 months on average so you need to be patient after paying the visa fees.
Ineligibility for K1 visa
If after moving to U.S.A, you get indulged into illegal activities like drug trafficking, fraud documents, overstaying on previous visa. If you don’t create a mark in your visa interview, then you shall be informed by the Consular Officer and explain the process to get back to track.
K1 Visa Processing Time
K1 visa processing time varies from person to person. It would be really impossible to tell the exact time required to process k1 visa application form and other preliminary processes. Usually, the fiance visa processing time can take from 3-6 months to year provided there is no ambiguity in the application. In case, if there are any issues, it is recommended that you clarify it with your lawyer or visa processing firm whom you have hired. Visa audit team can help you with this aspect. Feel free to get in touch with our expert for the advice related to k1 and k2 visa.