But with a little patience and diligence, helping a fiancé immigrate to the United States is possible without the cost of an attorney. The U.S. citizen starts the process by filing a visa petition. Once approved, the foreign citizen fiancé may apply for the visa and a green card.
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If you decide to go with an attorney make sure he/she is experienced and willing to work with you. Here’s how to spot a good versus not-so-good lawyer… . If he/she comes out, shakes your hand, and sits you down to a nice conversation on your fiance visa case, gives you references to past successful cases, then you have a good candidate.
Then, the foreign fiance’s file is sent by USCIS to the National Visa Center (NVC). The NVC in turn sends a letter informing what is the new case number assigned for the consular process . Also the consulate that will take care of the rest of the process. If the request is denied, the American spouse who made the request can appeal this decision.
For the typical couple pursuing a fiancé visa (K-1), it’s their first exposure to the U.S. immigration system. It can be an overwhelming process at first glance. But with a little patience and diligence, helping a fiancé immigrate to the United States is possible without the cost of an attorney.
Sometimes couples prefer to bypass the fiancé visa process and marry directly while in the U.S. In which case, the residence card is requested immediately if the requirements of the law are met.
How an Attorney can Help with Your K1 Fiancé Visa. While USCIS does not require you to have an attorney in order to process your fiancé visa, having an experienced immigration attorney can help immensely.
The law does not require that you use an immigration attorney to complete K-1 petition documents such as the Form I-129F. Here is what the USCIS says about this at www.USCIS.gov: You can file USCIS forms yourself, but many people choose to have help.
Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
To provide a quick recap on the K1 visa processing time, it takes about 8 months to 1 year to get your K1 visa. Once you are in the United States on your K1 visa, it takes about another 7 to 9 months to get your green card and become a permanent resident.
The documents you'll need for your fiancé(e) visa applicationProof of citizenship for the U.S. citizen fiancé(e)Copy of sponsored fiancé(e)'s passport.Evidence of terminated marriages, where needed.Proof of meeting within 2 years of applying.Evidence of legal name change, where applicable.More items...
All About the K-1 Visa | Fiance Visa | 90 Day Visa It costs $535. The medical examination, which costs around $200, but the price may change depending on the medical service center. The actual K-1 visa application. It costs $265.
The exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.
Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.
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 ...
Filing for Your Fiancé (e) Generally, you may file this petition if you and your fiancé (e): Are legally free to marry and intend to marry within 90 days of your fiancé (e)’s admission to the United States; and. Have met each other in person within the two years immediately before you filed this petition, unless you establish that either: ...
Fiancé (e) status automatically expires after 90 days and cannot be extended. Your fiancé (e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé (e) does not depart, they will violate U.S. immigration law.
Drivers, friends, extra relatives and others not specifically named above cannot be permitted to enter and will be asked to wait to meet the applicant at the Sala de Servicios Migratorios Municipal, located next to the Consulate to meet the applicant after the interview is completed.
The law does not require that you use an immigration attorney to complete K-1 petition documents such as the Form I-129F. Here is what the USCIS says about this at www.USCIS.gov: You can file USCIS forms yourself, but many people choose to have help.
So no, you can't bring an attorney to your K-1 visa interview.
If the applicant is moving it is important that they notify USCIS by phone 1-800-375-5283 or by email.
The period of time established by law to carry out the marriage is 90 days maximum. After legally marrying, the foreign spouse can obtain the Green Card or residence card, based on the marriage. Sometimes couples prefer to bypass the fiancé visa process and marry directly while in the U.S.
The K-1 visa is one of the most requested types of American non-immigrant visas.
Both fiancees must meet the requirements established by law to contract a legal marriage. That is, being old enough, being single, divorced or widowed. The bri de and gro om must meet in person and have met sometime. Unless it is proven that traveling to meet would cause high economic harm to the citizen.
Certain foreigners may be ineligible to apply for a fiancé K visa. For example, having been convicted of drug crimes or having added an unlawful presence in the USA . As well as presenting false documents to apply for the visa.
There are various steps in the K-1 visa process. However, the journey can be divided into three major components: petitioning the fiancé for a visa; applying for the visa; and finally applying for permanent residence (green card).
The first step toward obtaining a K-1 visa is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé. Unfortunately, a permanent resident cannot file Form I-129F. Therefore, the petitioner must either become a U.S.
Once USCIS approves the I-129F petition, the U.S. Department of State will have additional fiancé visa requirements. USCIS will transfer the case to the National Visa Center (NVC). The beneficiary (foreign fiancé) will need to submit the following items to the NVC or U.S. embassy that is requesting them:
One of the fundamental requirements of a fiancé visa is that you marry within 90 days of entering the United States. (If the foreign national chooses not to marry, he or she must depart the U.S.
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:
If you are a U.S. citizen, you may bring your fiancé (e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé (e) (K-1). An I-129F fiancé (e) petition is required. Learn more .
The foreign fiancé (e) ’s birth certificate. Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé (e) and the sponsoring U.S. citizen. The police certificate from the country in which the foreign-born fiancé (e) currently resides.
The K-1 fiancé (e) visa is a nonimmigrant classification of marriage-based visa that is designed for the foreign-born fiancé (e)s of U.S. citizens. It gives those foreign fiancé (e)s the opportunity to come to the U.S. with the intention of marrying their U.S. citizen fiancé (e)s who are sponsoring their visas.
citizen lives. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office.
Here’s the process: Take your marriage certificate with you to the SS office to prove your new married name. If you happen to be making a name change after the marriage is finalized, go to the SS office with your marriage certificate to file for a name change.
Most individuals are curious about when they get a social security number following marriage. You are able to acquire an SSN after providing an unexpired I-94. You must also have an EAD first before getting an SSN.
on the date when the. I-129F petition is filed with the USCIS.
A K-1 visa holder upon arriving in the US is not allowed to leave and re-enter on the same visa. If you intend to exit the country then re-enter it’s recommended to apply for a travel document with Form I-131 or adjust your status to legal permanent resident.
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It depends. If you have the right mix of the following things, you may need one: