Last updated on September 19th, 2020 at 06:06 pm | This article was published at an earlier date and has been updated with new information.
Nonimmigrant U.S Visa | Nonimmigrant U.S Visa for a Fiancé (é) e (K-1)
Nonimmigrant U.S Visa – This visa for non-citizen who wants to apply for nonimmigrant U.S visa, this is for the foreign-citizen fiancé (e) of a United States (U.S.) citizen. This particular visa permits the foreign-citizen fiancé (e) to travel to the United States and get engage/marry his or her U.S. citizen sponsor within 90 days of arrival. The non-applicant who is a member of the United States will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). A fiancé (e) visa permits the holder to enter into the U.S. and marry a U.S. citizen for a while after arrival in the United States; the fiancé (e) will make sure that he/she meets some of the requirements of an immigrant visa. Children who have right for the application of K-1 visa applicants receive K-2 visas.
What Is a “Fiancé (e)”?
In the law stated by the united states, foreign-citizen fiancé (e) of the U.S. citizen accepting the offer of an approved Petition for Alien Fiancé (e), Form I-129F, who has been supplied a nonimmigrant K-1 visa for travel to the United States in arrangement to marry his or her U.S. citizen fiancé(e). The U.S. citizen and the K-1 visa applicant must have been permitted free to marry at the time the request was filed and must have remained so thereafter. Make sure the marriage must be permitted possible according to laws of the United States in which the marriage will be organized.
All over, the applicant who wants to be the fiancé (e) and U.S. citizen who want to get married must have met face to face within the past two years. USCIS will or will not grant an exclude to this requirement, depend on a very great hardship for the U.S. citizen who is getting married to the foreigner to personally meet the foreign-citizen fiancé (e), or, for instance, if it has the same meaning in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
The International Marriage Broker Regulation Act of 2005 (IMBRA)
The full information about International Marriage Broker Regulation requirements is contained here in the Form I-129F, Petition for Alien Fiancé (e), instructions.
The First Step: Filing the Petition
- The applicant getting married and the foreigner, who want to get married, must file Form I-129F, Petition for Alien Fiancé (e), with the USCIS office that perform duties the area where you live. Click on this link Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. More information is available in the USCIS website about full details of the Fiancé (e) Visas. Be informed that the Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
- After USCIS selected the petition, this will be sent to the National Visa Center (NVC). The NVC will give you a case number and transfer your petition to the U.S. Embassy or Consulate where your partner/fiancé (e) lives.
The Second Step: Applying for a Nonimmigrant U.S Visa
You will be mailed by the NVC when your message had been sent to your fiancé (e) case to the U.S. Embassy or Consulate. Immediately you receive this letter, get in touch with your fiancé (e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Appropriate children of K-1 visa applicants may apply for K-2 visas. Different applications must be submitted for each K visa applicant and each K visa applicant will pay the visa application fee.
Required Documentation for Nonimmigrant U.S for a Fiancé (é) e (K-1)
You marrying the foreign-citizen as a fiancé (e), (and eligible children applying for K-2 visas) are required to bring the following forms and documents to the visa interview:
- The completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview.
- Passports valid for travel to the United States and with validity date less than six months extremely planned period of stay in the U.S. (unless country-specific agreements provide exemptions).
- Your divorce or death certificate(s) of any previous spouse(s) for each you and the U.S. citizen sponsor
- The police certificates from your present country where you stay and all countries where you have presently lived for six months or more since the age of 16 (Police certificates are also required for accompanying children age 16 or older)
- Your medical examination (vaccinations are optional, see below)
- Your evidence of financial support (Form I-134, Affidavit of Support, may be requested)
- Neat two 2×2 photographs. You can check the required passport here in Photograph Requirements
- The evidence of your relationship with your U.S. citizen fiancé(e)
- Your payment of fees, which is explained beneath:
Note: you will be asked more information by the consular officer, such as photographs and other proof that the relationship with your U.S. citizen fiancé (e) is original and truthful. Documents in foreign languages, other than the language of the country in which the application is been carried out, must be translated. Applicants must make sure he/she take to the visa interview: clear, legible photocopies of civil documents and translations, document such as: birth and divorce certificates. All original documents and translations which were collected will be returned.
Review Additional U.S. Embassy/Consulate-Specific Instructions
Additional instruction may be added for collecting documentation needed for your K visa interview. You can check the U.S. Embassy/Consulate-Specific Instructions by clicking here, understand and know more of what additional requirements there are, if any.
Medical Examination and Vaccination Requirements
In preparing for the interview, applicants will need to plan and complete a medical examination. Before the distribution of an immigrant or K visa, every applicant, regardless of age, must pass through a medical examination which is very mandatory by an approved panel physician. You will be given instructions in respect of medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, also with information on approved panel physicians. Click here for Medical Examination if you need more details and information, also list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when amending status to that of legal permanent resident along with your marriage. Applicants are therefore supported to fulfill these immunity requirements at the time of the medical examination. Click this page Vaccination Requirements for IV Applicants for the details of required vaccinations and more useful information.
Proof of Financial Support and Affidavit of Support Forms
Along when going for the visa interview, applicants will be officially requested to present evidence to the consular officer that it won’t become a public charge in the United States. Maybe you wish to present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to give support. The Form I-134 maybe requested by the consular officer, submitted affidavit can be supported by the U.S. citizen fiancé (e).
Citizen of U. S. citizen fiancé (e) are required to submit Form I-864 to USCIS with the application for little result of status to that of appointed permanent resident according to the marriage.
Also as the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
In most recent year’s tax return and other wanted only apply when Form I-864 is needed. Person who is applying for presenting Form I-134 must need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.
Nonimmigrant U.S Visa | Nonimmigrant U.S Visa for a Fiancé (é) e (K-1) – Fees
The charges of services are listed as below:
- You must fill an Alien Fiancé(e) Petition, Form I-129F
- The nonimmigrant visa application processing fee, Form DS-160 (needed for each K visa applicant)
- Your medical examination (required for each K visa applicant; costs vary from post to post)
- Also other costs may include translation and photocopying charges, fees for having the documents appointed for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
- You must Form I-485, Application to Register Permanent Residence or to Adjust Status
Rights and Protections – Pamphlet For Nonimmigrant U.S Visa
Make sure you get yourself in touch with Rights and Protections pamphlet before getting your visa interview, learn about your rights in the United States with move along with the domestic violence, sexual assault, and child abuse and protection similar to you. The consular officer will verbally brief the pamphlet to you during your interview. Also, K-1 visa applicants will be given with any existing criminal background information on their U.S. citizen fiancé (e) s that USCIS accepted from other government agencies during processing of their Form I-129F petitions.