Moving To the U.S. Through The K1 Visa-Fiancé Visa: A Comprehensive Guide

Moving to a new country is a big decision, and it can be both exciting and overwhelming. If you’re planning to move to the United States through the K1 visa-fiancé visa, this guide will provide you with all the information you need to know.

The K1 visa-fiancé visa is a nonimmigrant visa that allows foreign nationals to enter the United States for the purpose of marrying their U.S. citizen fiancé(e). Once you enter the U.S. on a K1 visa, you can apply for permanent residency and eventually become a U.S. citizen.

What is the K1 visa-fiancé visa?

The K1 visa-fiancé visa is a nonimmigrant visa that allows foreign nationals to enter the United States for the purpose of marrying their U.S. citizen fiancé(e). The visa is valid for 90 days, during which time you must get married to your U.S. citizen fiancé(e) and apply for adjustment of status to become a lawful permanent resident.

How to apply for the K1 visa-fiancé visa?

To apply for the K1 visa-fiancé visa, you must first file a petition with U.S. Citizenship and Immigration Services (USCIS). Your U.S. citizen fiancé(e) must file Form I-129F, Petition for Alien Fiancé(e), on your behalf.

Once the petition is approved, it will be forwarded to the National Visa Center (NVC), which will send it to the U.S. embassy or consulate in your home country. You will then be required to attend an interview at the embassy or consulate to obtain the K1 visa-fiancé visa.

What are the requirements for the K1 visa-fiancé visa?

To be eligible for the K1 visa-fiancé visa, you must meet the following requirements:

  • You and your U.S. citizen fiancé(e) must be legally able to marry under U.S. law.
  • You must have met your U.S. citizen fiancé(e) in person within the past two years, unless meeting in person would violate cultural or religious customs or would result in extreme hardship.
  • You must not have any criminal convictions that would make you inadmissible to the United States.
  • You must pass a medical examination to show that you are not carrying any communicable diseases.
  • You must demonstrate that you will not become a public charge in the United States.

What is the process for obtaining permanent residency?

Once you enter the United States on a K1 visa-fiancé visa, you must get married to your U.S. citizen fiancé(e) within 90 days. After you get married, you can apply for adjustment of status to become a lawful permanent resident.

To apply for adjustment of status, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. You will also need to attend a biometrics appointment and an interview.

How long does the K1 visa-fiancé visa process take?

The K1 visa-fiancé visa process can take several months to a year, depending on the processing times of USCIS and the U.S. embassy or consulate in your home country. Generally, it takes around six to nine months for the petition to be processed by USCIS and for the K1 visa-fiancé visa to be issued by the embassy.

How much does the K1 visa-fiancé visa cost?

The cost of the K1 visa-fiancé visa can vary depending on several factors. The current filing fee for Form I-129F is $535. Additionally, you may be required to pay fees for medical examinations, vaccinations, and other services. You should also consider the cost of travel, moving expenses, and the cost of living in the United States.

What are some common issues and FAQs about the K1 visa-fiancé visa process?

  1. Can I work in the United States on a K1 visa-fiancé visa?

Once you enter the United States on a K1 visa-fiancé visa, you can apply for work authorization by filing Form I-765, Application for Employment Authorization, with USCIS. You will need to wait for your work authorization to be approved before you can begin working.

  1. Can I leave the United States while on a K1 visa-fiancé visa?

You can leave the United States while on a K1 visa-fiancé visa, but you must obtain advance parole from USCIS before doing so. If you leave the United States without advance parole, you may be unable to re-enter the country and your application for adjustment of status may be denied.

  1. Can I bring my children with me on a K1 visa-fiancé visa?

If you have children who are under 21 and unmarried, you may be able to bring them with you to the United States on a K2 visa. Your U.S. citizen fiancé(e) will need to file Form I-129F for each child and they will need to attend the interview with you at the embassy or consulate.

  1. What happens if my K1 visa-fiancé visa is denied?

If your K1 visa-fiancé visa is denied, you may be able to appeal the decision or reapply for the visa. You should consult with an immigration attorney to discuss your options.

  1. What is the likelihood of success for a K1 visa-fiancé visa application?

The success of your K1 visa-fiancé visa application will depend on several factors, including your eligibility, the accuracy and completeness of your application, and the processing times of USCIS and the embassy or consulate in your home country. It’s important to carefully follow the instructions and provide all required documentation to increase your chances of success.

Conclusion

Moving to the United States through the K1 visa-fiancé visa can be a complex process, but it can also be a rewarding one. By following the steps outlined in this guide and staying informed about the requirements and timelines, you can increase your chances of success and make your move to the United States a smooth and successful one. Remember to consult with an immigration attorney if you have any questions or concerns throughout the process. Good luck with your move to the United States through the K1 visa-fiancé visa!

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