Okay-1 Fiancé Visa – For Single {Couples} The place the International-born Partner Lives Overseas

Everything you need to know about the K visas offered by the United States  - The Economic Times

You’re a US citizen who traveled overseas and fell in love with a foreign-born particular person. Now you need to marry your foreign-citizen fiancé in the US, however there’s nonetheless yet another factor standing in your means – bringing your partner to the US. It’s not all the time straightforward, as a result of you must navigate the US immigration legal guidelines and pointers to make sure your overseas accomplice obtains a Okay-1 fiancé visa. 

The one caveat is that the petition and software course of is sophisticated, and the probabilities of making errors – whether or not in submitting the required proof and help paperwork or assembly the immigration laws – are excessive, particularly in the event you’re not acquainted with the method. Working with an immigration lawyer can alleviate the stress and improve the probabilities of your fiancé getting the visa. 

What’s a Okay-1 Fiancé Visa?

A Okay-1 fiancé nonimmigrant visa is obtainable to the foreign-born accomplice of a US citizen. The visa permits them to enter the US and marry their US citizen fiancée inside 90 days after arrival. Following a profitable petition by the US citizen sponsor, the overseas accomplice can apply for everlasting residence standing by the Division of Homeland Safety (DHS) or the US Citizenship and Immigration Providers (USCIS). They could additionally convey their kids to the nation beneath the Okay-2 visa class. 

Though the Okay-1 fiancé visa affords a restricted time to marry after touring to the US, the US sponsor and the beneficiary should meet the eligibility {qualifications} of an immigration visa. 

Who Qualifies for a Okay-1 Fiancé Visa?

To qualify for a fiancé Okay-1 nonimmigrant visa, the US sponsor and overseas accomplice will need to have met in particular person a minimum of two (2) years earlier than the previous information a visa petition. Examples of proof that show you met in particular person embody:

  • Images of you and your overseas fiancé collectively
  • Copies of passport pages exhibiting admissions
  • Airline tickets and lodge receipts indicating dates of journey
  • Letters from commanding officers or navy orders detailing depart

Eligibility Necessities for the U.S. Sponsor

To be eligible to sponsor your overseas accomplice, it’s essential to present proof that you just’re a US citizen. The USCIS would require you to provide one of many following proof:

  • US delivery certificates issued by a civil authority
  • Certificates of Citizenship or Certificates of Naturalization
  • An unexpired passport legitimate for 10 years (sponsors over 18) and 5 (5) years (sponsors beneath 18)
  • A passport card issued by the US Division of State (DOS)
  • A press release issued by a US consular workplace
  • US Division of State Type FS-240 (“Report of Beginning Overseas of a US Citizen”)

Different necessities embody:

  • You have to be free to legally marry, which suggests all earlier marriages led to divorce or the demise of a partner.
  • You could meet all Federal Poverty Tips revenue stage to your family measurement to show that you just’re financially able to sponsoring your accomplice throughout their keep within the US.
  • File Type I-129F (“Petition for Alien Fiancé(e)”) to permit your overseas accomplice to enter the US on a Okay-1 visa

Eligibility Necessities for the International Fiancé

To be granted a Okay-1 visa, your foreign-citizen accomplice should meet the next necessities:

  • Dwell exterior the US, be free to marry, and have met their US sponsor a minimum of two (2) years earlier than submitting Type I-129F
  • Be freed from any felony file or cost which will forestall them from coming into the US, and produce the required paperwork and proof requested by the US Embassy or Consulate. Examples of those paperwork embody: 
  1. Beginning Certificates
  2. Passport
  3. Police certificates
  4. Navy data, if mandatory

In the event that they meet all of the above necessities and obtained a Okay-1 visa, your foreign-born fiancé has six (6) months from the date of Type I-129F approval to enter the US. 

Submitting the Petition and Utility for a Okay-1 Fiancé Visa

The petition and software for a Okay-1 visa require the joint effort of the US sponsor and their overseas accomplice.

Step 1: Submitting the Petition

As a US citizen and sponsor, it’s essential to file Type I-129F together with your native USCIS workplace. Notice that Type I-129F can’t be filed in a US Embassy, consular workplace, or USCIS workplace overseas. 

As soon as the USCIS approves your petition, it’s going to ship it to the Nationwide Visa Heart (NVC). The NVC will then ship you a case quantity and ship the petition to the US Embassy or Consulate in your overseas accomplice’s nation. 

Step 2: Making use of for a Visa

The NVC will mail you a letter when sending the petition to your overseas fiancé’s US Embassy or Consulate. When you obtain the letter, inform your accomplice to take the actions beneath to file a Okay-1 visa software and put together for an interview. 

In case your overseas accomplice has eligible kids, they’ll convey them to the US beneath Okay-2 visa standing, though they need to apply for Okay visas individually for every youngster. Every Okay visa additionally requires a separate software charge.  

Required Proof and Help Documentation

You (the overseas accomplice) and any eligible Okay-2 holders might be required to current the next types and paperwork when going for the visa interview:

  • File Type DS-160 (On-line Nonimmigrant Visa Utility) for you and any eligible Okay-2 candidates. Print the affirmation copy and produce it to the interview.
  • A passport legitimate for six months past your meant size of keep within the US
  • Beginning certificates
  • Divorce or demise certificates of your former partner(s) for each you and your US citizen sponsor
  • Police certificates out of your nation of residence or every other nation you’ve lived for over six months since 16 years
  • Medical examinations 
  • Proof of economic help (Type I-134 – Affidavit of Help)
  • Two (2) 2×2 passport pictures
  • Proof of your relationship together with your US citizen fiancée
  • Cost of charges

An Immigration Lawyer Can Assist You Petition for Okay-1 Visa

The US immigration legal guidelines are fairly strict; regulating the way you (and your overseas accomplice) can petition and apply for a Okay-1 visa, how lengthy your fiancé can keep, and the authorized tasks throughout their keep. A California immigration lawyer is educated in immigration legal guidelines and might help you shield your rights, create plans, and navigate advanced immigration laws. 

Utilizing their expertise and know-how, an immigration legal professional might help you collect the required paperwork to make sure you file Type I-129F faster and with no errors for fast approval. When you marry your accomplice within the US, you’ll be able to leverage authorized counsel to assist them apply for everlasting residence standing with ease. Suppose your petition is denied by the USCIS; in that case, an immigration lawyer from The Regulation Workplace of Lina Baroudi can symbolize you in courtroom to get the denial overturned. 

Continuously Requested Questions (FAQs)

How lengthy will it take to acquire my Okay-1 visa?

As soon as the US Embassy or Consulate receives your case from NVC, the time it takes so that you can get the visa varies, relying on the circumstances. Most instances delay as a result of candidates provide incomplete data or don’t observe directions rigorously. Some purposes are topic to administrative processing, which additional delays the time after the visa applicant’s interview. 

My Okay-1 petition expired. Can or not it’s prolonged? 

Sure. Normally, the I-129F petition is legitimate for 4 months from the approval date. If it has expired, the consular workplace can lengthen the petition’s validity interval earlier than the completion of visa processing. 

How lengthy can I keep within the US on a Okay-1 visa?

The Division of State (DOS) determines whether or not your accomplice qualifies for a fiancé Okay-1 nonimmigrant visa. If it grants them the visa, your accomplice can keep within the US for as much as six (6) months.