Often asked: How Does The K1 Visa Work?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

How long can you stay in the US on a K-1 visa?

The K1 visa is good for 6 months and allows you to enter the United States only one time. The K1 approval from the USCIS is good for 4 months, which means the visa must be issued within 4 months of your USCIS approval.

How long does K-1 visa work?

Once you submit your adjustment of status application, you will still probably wait anywhere from 60 to 90 days for your work permit. Check the USCIS Processing Time Information page of the agency’s website to find out how long other I-765 applications are taking at the time that you file yours.

What happens if you get divorced on a K-1 visa?

The BIA found that a K1 spouse can become a lawful permanent resident through adjustment of status even after divorce as long the couple marries within the 90 days of the K1 spouse entering the U.S. and can prove that the marriage was bona fide.

Is a K-1 visa hard to get?

While the K1 visa application may be difficult, the overall process and approval can be made faster and easier with the assistance of a capable legal representative.

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.

How long does fiancé visa take 2021?

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.

Can my fiance come to 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.

Why does K1 take so long?

Backlogs, errors and general delays can happen at any step of the K-1 process. These things can end up costing you several weeks. These are the reasons why the K1 takes so long for many people.

Which is faster spouse or fiancé visa?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

Can a fiancé visa be denied?

Under immigration law, the K-1 visa allows your partner to live with you in the United States after the wedding. Unfortunately, thousands of fiancé(e) visas are rejected or denied every year. If your K-1 visa application has been rejected or denied, it is vital to contact experienced immigration lawyers.

What is the minimum income requirement for a fiancé visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor

What happens if I don’t marry after 90 days on a K-1 visa?

Since you are only to be granted admission into the United States based on marrying the K-1 visa petitioner, if you fail to do so within 90 days, you will most likely be barred from the country.

What happens if my fiance leaves me after marriage on a K-1 visa?

After you get married, you have to apply for her Green Card (also know as Permanent Residence or Adjustment of Status). If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.

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.