K-1 Visa FAQ | Costs & Fees | Document Requirements Checklist

Our law firm regularly handles K-1 fiancée visa petitions. We provide this guide which goes over typically asked questions such as visa requirements and more.

What is a K-1 Fiancée Visa Petition and who Qualifies?

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A K-1 visa is a nonimmigrant visa that allows a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. Once in the United States, the K-1 visa holder can apply for adjustment of status to become a lawful permanent resident (green card holder).

To be eligible for a K-1 visa, you must meet several requirements. These include being engaged to a U.S. citizen, having the intent to marry within 90 days of entering the United States, and being legally able to marry under the laws of the state where the marriage will take place.

Additionally, you and your U.S. citizen fiancé(e) must have met in person at least once within the past two years, unless meeting in person would violate cultural or religious customs or would result in extreme hardship for the U.S. citizen.

To apply for a K-1 visa, you must file a petition with U.S. Citizenship and Immigration Services (USCIS) and provide evidence of your eligibility. Once your petition is approved, it will be forwarded to the U.S. Department of State’s National Visa Center for further processing.

If you’re approved for a K-1 visa, you’ll be required to attend an interview at a U.S. embassy or consulate in your home country. During the interview, you’ll need to provide additional documentation to support your eligibility for the visa.

In conclusion, a K-1 visa is a nonimmigrant visa that allows foreign fiancé(e)s of U.S. citizens to enter the United States for the purpose of getting married. To be eligible for a K-1 visa, you must meet specific requirements and provide evidence of your eligibility. For more information on the K-1 visa process, you can visit the USCIS and Department of State websites.

Sources:

  1. USCIS: https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas
  2. Department of State: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html 

K-1 Fiancée Visa Petition Required Documents

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If you’re planning to apply for a K-1 visa, also known as a fiancé(e) visa, to enter the United States and marry your U.S. citizen fiancé(e), you’ll need to provide specific documents to support your eligibility. In this article, we’ll explore the required documents for a K-1 fiancé(e) petition and where you can find more information on the process.

To apply for a K-1 visa, you’ll need to file a petition with U.S. Citizenship and Immigration Services (USCIS) and provide evidence of your relationship and eligibility. Here are the required documents for a K-1 fiancé(e) petition:

  1. Form I-129F, Petition for Alien Fiancé(e)
  2. Evidence of U.S. citizenship of the petitioner, such as a copy of their passport, birth certificate, or naturalization certificate
  3. Evidence of the couple’s intention to marry within 90 days of the fiancé(e) entering the United States, such as a written statement of intent to marry, or evidence of wedding planning arrangements
  4. Proof of the couple’s relationship, such as photographs together, letters or emails exchanged, or evidence of joint travel
  5. Evidence of meeting the in-person requirement, such as photographs together, travel itineraries, or affidavits from friends and family who witnessed the meeting
  6. If either party was previously married, proof of termination of any prior marriages, such as divorce decrees or death certificates

It’s important to note that the required documents for a K-1 fiancé(e) petition may vary based on individual circumstances, and additional documents may be requested during the application process.

For more information on the required documents for a K-1 fiancé(e) petition and the application process, you can visit the USCIS website. USCIS also provides a K-1 fiancé(e) petition checklist to help ensure that you have all the necessary documents.

In conclusion, if you’re planning to apply for a K-1 visa, you’ll need to provide specific documents to support your eligibility. The required documents for a K-1 fiancé(e) petition include evidence of U.S. citizenship, intention to marry, proof of the relationship, and meeting the in-person requirement. For more information on the K-1 visa process and required documents, you can visit the USCIS website.

Sources:

  1. USCIS: https://www.uscis.gov/family/family-us-citizens/fiancee-visa/filing-a-fiancee-visa-petition-form-i-129f
  2. USCIS K-1 Visa Checklist: https://www.uscis.gov/sites/default/files/document/forms/i-129f_checklist.pdf

Interesting K-1 Visa Statistics and Facts

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The K-1 visa, also known as the fiancé visa, allows a foreign national engaged to a US citizen to enter the US for a period of 90 days. During this time, the couple must get married, after which the foreign national can apply for permanent residency. Here are some interesting K-1 visa statistics and facts:

  1. Over 35,000 K-1 visas were issued in 2019, according to the Department of State.
  2. The K-1 visa has been in use for over 40 years, with its origins dating back to the 1970s.
  3. President Joe Biden has not made any public statements specifically about the K-1 visa, but he has been vocal about his support for comprehensive immigration reform.
  4. The K-1 visa process can take anywhere from 6 to 12 months, and requires extensive documentation and background checks.
  5. In recent years, there have been concerns about fraud and abuse in the K-1 visa program, with some individuals using the visa to enter the US for other purposes besides marriage.
  6. According to a study by the National Foundation for American Policy, K-1 visa applicants have higher approval rates than other types of nonimmigrant visas.

Sources:

  1. “Nonimmigrant Visas Issued by Classification and by Nationality,” Department of State, 2019, https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/NIVWorkload/FY2019NIVWorkloadbyVisaCategory.pdf.
  2. “The Fiancé(e) Visa: Questions and Answers,” USCIS, updated May 2020, https://www.uscis.gov/family/family-us-citizens/fiancee-visa/the-fiancee-visa-questions-and-answers.
  3. “Immigration,” The White House, accessed February 17, 2023, https://www.whitehouse.gov/issues/immigration/.
  4. “K-1 Fiancé(e) Visa Process,” Department of State, accessed February 17, 2023, https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html.
  5. “K-1 Fiancé(e) Visas Vulnerable to Abuse,” NBC News, February 16, 2019, https://www.nbcnews.com/news/us-news/k-1-fianc-e-visas-vulnerable-abuse-n971361.
  6. “Nonimmigrant Visa Approval Rates by Visa Category,” National Foundation for American Policy, May 2017, https://nfap.com/wp-content/uploads/2017/05/Nonimmigrant-Visa-Approval-Rates-by-Visa-Category.NFAP-Policy-Brief.May-2017.pdf.

Should You Hire an Immigration Lawyer to Prepare Your K-1 Fiancée Visa Petition Case?

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If you’re planning to bring your fiancé(e) to the United States, you may be wondering if you need the services of a K-1 visa lawyer. While it’s possible to apply for a K-1 visa without the help of an attorney, hiring one can make the process smoother and less stressful.

A K-1 visa lawyer can provide a range of valuable services, including:

  1. Assisting with paperwork: A K-1 visa lawyer can help you with the paperwork and ensure that everything is completed correctly. They can also help you prepare any supporting documentation that may be required.
  2. Responding to requests for evidence: If USCIS requests additional information or documentation, a K-1 visa lawyer can help you respond to these requests in a timely and effective manner.
  3. Preparing for the visa interview: A K-1 visa lawyer can help you prepare for your fiancé(e)’s visa interview. This can include providing guidance on what to expect during the interview and helping you prepare for potential questions.
  4. Handling any issues that may arise: If any issues arise during the K-1 visa application process, such as a denial or a request for additional evidence, a K-1 visa lawyer can help you address these issues and work towards a resolution.

When hiring a K-1 visa lawyer, it’s important to look for an attorney with experience in immigration law and a strong track record of success. You may also want to consider working with a K-1 visa law firm that has a team of attorneys and support staff who can provide comprehensive assistance throughout the application process.

According to a news report by Reuters, there has been an increase in the number of K-1 visa applications in recent years. In 2019, the number of K-1 visas issued was 36,015, up from 34,722 in 2018. This suggests that more people are taking advantage of the K-1 visa program to bring their fiancé(e)s to the United States.

In conclusion, while it’s possible to apply for a K-1 visa without the help of an attorney, working with a K-1 visa lawyer or law firm can make the process smoother and less stressful. With their expertise and guidance, you can feel confident that your application is being handled properly and increase your chances of a successful outcome.

Source: https://www.reuters.com/article/us-usa-immigration-k1visa/k-1-visa-program-brings-foreign-fiancees-to-u-s-but-also-risks-idUSKBN1YB0LS 

Reasonable Attorney Fees for an K-1 Petition?

Our firm handles K-1 fiancee visa petitions at highly competitive rates. Click here to reach our legal fee schedule.

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Additional EB1A FAQ

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What Constraints Exist for K-1 Visa Holders?

The status of the K-1 visa holder cannot be adjusted unless they marry the individual who initially filed the petition, and this marriage must occur within 90 days of arrival in the U.S. If the K-1 visa holder forms a connection with someone else, they must return to their home country and initiate the process anew. The adherence to these specific conditions is crucial for navigating the complexities of the K-1 visa.

What Are Red Flags for K-1 Visa Denial?

Red flags that may raise concerns for K-1 visa denial include factors such as not sharing the same language, rapid engagement, significant age gaps, or differences in religious beliefs. These elements can be scrutinized during the application process and may necessitate additional documentation or clarification to address any concerns and increase the likelihood of a successful K-1 visa application.

Can I Travel Back and Forth with a K-1 Visa?

A K-1 visa is designed for one-time use, and if there’s a need to leave and return, it is advisable to apply separately for an Advance Parole travel document. This can be done either independently or as part of the adjustment of status application. Securing the necessary travel documentation is essential to facilitate multiple entries and exits while maintaining compliance with immigration regulations.

Is Social Media Checked for K-1 Visa?

If you’re residing in the United States on a K-1 visa and are planning to apply for a marriage-based green card, USCIS will conduct an interview with you and your spouse to assess the authenticity of your marriage. As part of this scrutiny, USCIS may examine your social media accounts to gather additional insights into the genuineness of your relationship. Being aware of this aspect is important for those navigating the immigration process.

Can a K-1 Visa Holder Obtain a Social Security Card?

Indeed, a K-1 visa holder is eligible to receive a Social Security Number (SSN) card. This can be achieved by presenting an unexpired K-1 visa, along with an identification document and a valid passport. Notably, this application can be initiated prior to applying for work authorization or permanent residency. Acquiring a Social Security card is a crucial step for K-1 visa holders to establish their presence and eligibility within the United States.

Consequences of Divorce After a K-1 Visa?

If you are in the United States on a K-1 visa and experience a divorce shortly after arrival, obtaining a green card may be impacted if your adjustment of status (Form I-485) is still pending. However, if you have already received your conditional green card, there is an opportunity to remain in the United States, albeit subject to specific conditions. Navigating the implications of divorce on immigration status is crucial and may require legal guidance for the best course of action.

 

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