|
K-1 Visa
K-1 visas are issued to U.S. citizens' fiancés who are outside the U.S. The minor children of such fiancés who will accompany her/him to enter into the U.S. may apply for "K-2" visas.
Petition Process
K-1 visa petition takes multiple steps procedure
1. Finance Visa Petition
File a finance visa petition with USCIS on behalf on your alien fiancée. An American citizen must file a petition, Petition for Relative or Fiancée, with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner's residence in the United States.
2. USCIS Approval or Transfer to NVC
Upon approval of finance visa petition, USCIS will notify you when they have approved the petition and transfers the cases to National Visa Center (NVC) of the State Department, who perform a background check. NVC further process your case and transfer it to the consulates in finance’s home country.
3. Processing the Provisional Case
When the embassy receives the file from the State Department, they send a Packet 3 to the beneficiary.
The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview.
Packet 3 asks your Fiancée to assemble the following documents:
·Valid passports for the beneficiary and any dependent children;
·Birth certificates for the beneficiary and any dependent children;
·Proof of termination of any prior marriages;
·A police certificate from the current place of residence of the beneficiary, as well as from any place or places of residence for 6 months or more since attaining the age of 16;
·Police certificate(s) for any dependent children over 16.
4. Consulate Interview
The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when we have received
the following items:
·The actual approved petition from USCIS;
·Clearances from the required name checks;
·A signed OF-169 from the beneficiary;
·The Embassy will usually accept a faxed copy of OF-169.
K-1 Visa FAQ
1. What is a K-1 visa?
A. K-1 visa is a nonimmigrant visa that recognizes the beneficiary's intent to immigrate based on his/her planned marriage to a U.S. citizen and allows the beneficiary to enter the United States to complete the marriage.
2. Who is eligible for K1 Visa?
A. As a fiancé or Fiancee of a U.S. citizen you are eligible if you are:
• Legally eligible to marry under the law of both the nations;
• Planning to getting married within 90 days of your entering the U.S.;
• Entering the U.S. solely for the purpose of marriage.
3. What are K-2?
A .K-2 visa is for the purpose of admitting the dependent child(ren) of a K-1 fiancé.
4. What is K-1 Fiancée Visa Approximate Processing Time?
A. 30-120 days
5. Should I include all of my Fiancée’s children in the K visa petition?
A. USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to USCIS for reconsideration.
6. Should I include all of my Fiancee’s children in the K visa petition?
A. Yes. USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition.
7. What is limitation of K1 Visa?
The alien fiancé(e) must marry U.S. citizen petitioner within 90 days of the fiancé(e)'s arrival in the US, or face termination of her status and potential removal from the United States..
If the fiancée fails to marry the petitioner, he/she may not Change to any other nonimmigrant status while she/he is in the U.S.. You may not use K-1 visa to enter the U.S. if you have been temporarily barred from entering into the U.S. for previous violation of U.S. immigration law.
8. Can my fiancé or fiancée work in the U.S. before we marry?
Yes. You fiancé or fiancée should file petition to USCIS to obtain Employment Authorization. The USCIS may grant permission for your fiancé or fiancée to take up employment in the U.S. before the marriage takes place.
9. If I decide not to get married to my Fiancée can I cancel the petition?
A. Yes. You should make a written request to the Embassy asking to withdraw the petition.
10. If my Fiancée entered the U.S. on a K visa, but had to leave before we were married, what can I do get my Fiancée a new K visa?
A. K visas are issued valid for a single entry and a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with USCIS prior to your Fiancée’s departure, you will need to start the K visa process again.
11. What should we do after my fiancé(e) arrives in the U.S.?
A. The U.S. citizen sponsor and the fiancé(e) must marry each other within 90 days of the fiancé(e)'s arrival in the US. During or after the wedding, the sponsor and fiancé(e) receive a marriage certificate.
Before the K-1 visa expires, the fiancé(e) must submit Immigrant Petition.
The Green Card process might require up to 2 years. The fiancé(e) must also submit Form I-765 to request authorization for employment.
While the Green Card application is pending, the fiancé(e) must receive prior authorization prior to any trips outside the US.
When the Green Card application is approved, the fiancé(e) will receive a Conditional Green Card. As to how to remove permanent resident condition, refer to Marriage and Immigration.
|
|