K-1 Visa When Needing Waiver?

The K-1 visa allows for a foreign national fiance(e) of a U.S. citizen to come to the United States and marry. Once married, the couple can apply for the foreign national’s adjustment of status, work authorization and advanced parole.

What makes you ineligible for K-1 visa?

Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.

How much do you have to make to sponsor someone on a K-1 visa?

Based on the 2020 poverty guidelines, the petitioner would require an income of at least $17,240 to meet the K-1 visa income requirements in all states except for Alaska and Hawaii.

Can I stay in the US while waiting for K-1 visa?

In a nutshell, yes you can visit. Traveling to the U.S. with a pending I-129F can certainly be done, though high risk. There is no law that you are not allowed to visit your significant other while you are going through the K-1 process.

How long does it take to get a green card after K-1 visa?

In total, getting a Green Card via a K1 Visa usually takes 13-18 months, but the immigrant fiance will be able to enter the U.S. as soon as they have their visa. It usually takes 9-12 months to get a K1 Visa and an additional 4-6 months to adjust status to a Green Card after the immigrant enters the US.

Can I appeal K-1 visa denial?

One way of of dealing with a K1 visa denial is to appeal the decision. You can file a Form I-290B to appeal the denial as long as you do so within the time allotted by USCIS, which can be approximately 33 days. The appeal must be submitted with a nonrefundable filing fee of $675.

How long are you financially responsible for someone on a K-1 visa?

The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.

Is getting a K1 visa difficult?

So Is it Difficult to Apply for a K1 visa? The approval of the K1 visa may vary from case to case according to circumstances, and in most cases can be denied or delayed simply because of the applicant’s fault for not being able to provide the correct information or follow instructions.

What is the easiest way to bring my fiance to USA?

You can bring your spouse to the U.S. by way of a Petition for Alien Relative, I-130 or nonimmigrant visa (K-3). A “spouse” is defined as the legally wedded husband or wife, including same-sex spouses of U.S. citizens and LPRs. In some cases, common-law spouses may qualify for the same benefits.

Do you need proof of income for K1 visa?

You will need to provide supporting evidence to demonstrate you meet this requirement. You will be required to provide your U.S. federal income tax return and your proof of current employment. The tax return must be for the most recent tax year.

Are K1 visas being processed 2021?

Many types of visas offer the ability to pay extra for premium processing, which guarantees that a petition will be reviewed within a few weeks of its arrival. Unfortunately, K-1 visas are not eligible for premium processing. However, the overall timeline, even in 2021, is not typically extremely long.

How long does it take for a K1 visa to be approved?

It takes 5 – 7.5 months on average (as of October 2021) for U.S. Citizenship and Immigration Services (USCIS) to process Form I-129F (technically called the “Petition for Alien Fiancé”), and an additional 3-4 weeks to receive instructions from the National Visa Center (NVC) to continue the process.

How long does K1 visa take 2020?

If you and your fiancé meet all K1 visa requirements, your application will likely be approved. The estimated timeframe to obtain an approval if you choose the K1 visa route depends on USCIS processing timelines. Nonetheless, as a very general estimate, it can take approximately 6-9 months for a decision.

Can I travel after marrying a US citizen?

After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel. Then you will be able to leave and re-enter the United States without having to apply for a new visa.

Can I marry in US on tourist visa?

Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Why is USCIS taking so long to process 2020?

While the current administration has made some useful changes, including noted policies, the COVID-19 pandemic has contributed to the continued slowdown. For example, from March to July 2020, USCIS closed its offices for biometric interviews and appointments, creating a delay, especially for biometric appointments.