This article uncovers:
- What a K-1 visa is.
- Whether people applying for a K-1 can enter the U.S. while their K-1 visa is pending.
- Requirements to sponsor an immigrant on a K-1 visa.
What Is A K-1 Fiancé Visa?
The K-1 is a visa class for American citizens engaged to foreign nationals who want to bring them to the United States to get married. The idea behind them is to lessen the time the couple is separated.
For the first part of the process, the U.S. citizen files a petition for a fiancé visa. The petition explains how the couple met and how their engagement happened. The U.S. citizen must demonstrate that they have met their fiancé in person within the last few years. This is submitted to the USCIS to confirm that engagement is legitimate.
Once that petition is approved, the fiancé can apply for their K-1 visa to enter the United States. At the interview at a U.S. embassy or consulate in their country, they will again confirm that the engagement is valid.
If the engagement is deemed legitimate, the foreign national is approved for entry into the United States on the K-1 visa. Once they enter on that visa, the couple has 90 days to marry. After they marry, they must apply for what is called an adjustment of status. This changes the status of the foreign national from K-1 to permanent resident in order to then get a green card.
Once the green card is approved, the person becomes a resident. Then, two years later, they must file another petition to become permanent residents.
What Is The Main Eligibility Requirement To Qualify For A K-1 Or Fiancé Visa?
The main eligibility requirement for a K-1 fiancé visa in the United States is that the person’s sponsor must be an American citizen. A lawful permanent resident cannot petition for another’s K-1 visa.
Other than this, the relationship must be valid. Additionally, the foreign national cannot have any prior immigration, criminal violations, or medical problems that would prohibit their entry into the United States.
How Long Does It Take To Get A K1 Fiancé Visa In California?
How long the K-1 visa process takes varies significantly, largely on the country emigrating. In the past, K-1 fiancé visas in the United States were generally approved within 90-120 days. Once approved, the individual must apply for their visa in their home country. Unfortunately, COVID has delayed processing times over the last few years, causing a year-long wait just for the initial deliberation.
Can My Fiancé Travel To The United States While Waiting For Their K-1 Visa To Be Approved?
Your fiancé can enter the United States while waiting for K-1 approval, especially if they already have a tourist visa. If they do not have a tourist visa before applying for the K-1, getting one will be very difficult if a K-1 is pending. The consulate will likely not grant it since there’s already a K-1 petition pending. They typically do not see a reason to approve the tourist visa when this is the case.
How Much Do I Need To Make In Order To Sponsor My Fiancé To Come To The United States?
How much you need to make in order to sponsor your fiancé depends on the size of your family. Immigration authorities have a table you would need to consult to determine this. The requirements vary from about $24,000 if you are single to about $45,000 if you have three children.
What If I Cannot Afford To Support My Fiancé? Can I Have A Co-Sponsor?
If you cannot afford to sponsor your fiancé, you can get a co-sponsor. They would have to go through the same test that determines if they can sponsor and financially support the immigrant.
Is Anyone Determined Ineligible For A K-1 Visa?
Many are determined ineligible for K-1 fiancé visas in the United States. If immigration authorities are not convinced your relationship is sincere due to insufficient proof of being a valid couple, they can and do deny petitions. They also deny individuals with criminal or immigration violations or medical reasons such as a contagious disease that has not been treated.
My Fiancé Has Children. Can We Bring The Children To The United States On A K-1 Visa?
You can bring a foreign national fiancé’s children to the United States on a K-1 visa. All that would be required would be to add them to the petition and prove that the foreign national parent is in a real relationship with the sponsor. Beyond this, the non-immigrating parent has to consent to the children immigrating to the United States on the K-1 visa. Applicants and the children’s non-immigrating parents must work this out themselves before filing the petition.
My Petition For A Fiancé Visa Or K-1 Visa Was Denied. What Can I Do?
A lawyer would be able to help you immensely in this situation. Our firm would first see why your petition was denied. If the reason were addressable, we would address it accordingly.
For example, if there were insufficient proof of the bona fide relationship, we would give some ideas of what the government would accept to help you obtain some.
If an immigration or criminal violation were in the picture, we would find out if it could be addressed and work to that end. If there were a waiver that you could apply for, we would find out if you needed to do any post-conviction relief to be eligible for the K-1.
Does A K-1 Visa Lead To Citizenship?
A K-1 visa can absolutely put you on the path to US citizenship, though the path is far from automatic.
Once you have gotten married to your fiance within the 90-day deadline of entering the US with your K-1 visa, you will be able to apply for an Adjustment of Status to become a resident. This can take some time, but once accepted, your residency status will be adjusted and you will be provided with a green card and permanent residency.
Once you are a permanent resident you will be able to live and work freely in California and the rest of the United States.
Becoming a citizen, however, requires an additional step: naturalization. Three years after your status was adjusted, you will be able to begin the naturalization process to become a naturalized citizen of the US and obtain full citizenship rights.
These processes can take some time, especially if you make any errors or mistakes when filling out forms or when submitting applications. A qualified and experienced immigration attorney can help ensure your path to citizenship is as smooth, and quick, as possible.
Can A K-1 Visa Be Extended?
Unfortunately, the K-1 Visa cannot be extended, once you have entered the US with it, you have only 90 days to get married, and then apply for your adjustment of status.
This means that your timeline must be carefully prepared ahead of time, so be sure to have all the arrangements ready for your marriage and wedding ceremony, you will not be able to get additional time.
Remember, the K-1 Visa is designed to limit separation time between future spouses. It is thus only available for those who are certain of their upcoming marriage. If you are unsure of your union or are not yet ready financially or logistically for your marriage, it is best to wait or pursue other options for entering the US.
If you are unsure whether a K-1 visa is the right choice for you, if you are struggling to meet or work around the deadline, or if you find yourself at risk of overstaying your visa, you should contact a qualified immigration attorney near you immediately.
For more information on K-1 Fiancé Visas In The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 900-1714 today.
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