K1-Visa is generally applied by the U.S citizen, who wants to get married in U.S and live there. Then they can bring their spouse or fiancée to U.S by K1-Visa. Though, it is considered as non-immigrant visa, but many immigrants apply for this visa worldwide.
U.S law allows the citizens to immigrate their foreign lover or spouse to U.S or they can marry in U.S by applying this visa. Couples who prefer marrying in U.S, lovers who are willing to marry without their parents wish, in such cases K1-Visa would be helpful.
Process for applying K1-Visa
- Couple must be known personally within 2 years for applying before K1-Visa.
- Should provide evidence of meeting the person in personal and submit it. If there is no proper evidence, then RFE (Request for Evidence) petition will be sent to you.
- The process of petition starts as soon the foreign fiancée fills the form I-129F with United States Citizenship and Immigration Services (USCIS).
- No attorney or mediators are necessary for K1-Visa. But, if you are interested in appointing for managing the paper work, then you can appoint.
- Once petition was received by USCIS, you will receive a NOA1, Notice of Action with receipt number.
- The petition applied may be approved or denied, and the notification is sent as NOA2 to the applicant stating whether it is approved or not. Approving notification doesn’t mean you will get this visa. It just notifies the approved letter of your petition for further process.
- Embassy would interview the foreign fiancée and the relationship between couple by asking several questions.
- If they found the bond between the couple is genuine and also verified documents were submitted by the petitioner, then you will get it on the spot. Or your application will be rejected.
Eligibility
- The couple must be eligible to marry at their particular resident country or state legislature, which means they must be at legal age of doing marriage, at the time they apply for the petition for K1-Visa.
- Same-sex partners were not eligible, even though their marriage was valid in their own countries.
- Those who have untreated communicable diseases, who committed crime earlier, who had cases for the terrorism acts and also who was deported from U.S were all not eligible for applying.
- Both the partners must be met personally within the 2 years of time when filing for the visa petition. But this rule is not applicable to only such couples, who had religious customs, those who were not allowed to meet before marriages.
- Documents such as ID proof, residence address, income declaration, property or any other assets should be provided to the Embassy to prove their legal age for marriage.
Cost for applying K1-Visa
For applying it, you will be charged for the following process:
- For filing petition form I-129F
- For form DS-160, which is must for every non-immigrant visa applicant who applies for K1 Visa.
- Medical Examination, which varies according to the tests
- Other costs like photograph, photo stat copies fees, documents for visa application like passport, police verification, and travel expenses
- Fees for filling form I-485, for the application of permanent residence.
Time frame for getting K1-Visa
After filing petition of applying by form I-129F, its status can be seen on the official website of USCIS. Once the application is received by Embassy, then you application process starts and the time period mainly depends on the applicants, which varies from one applicant to others.
If proper information with relevant documents were provided then the time frame would be faster. If there was no proper information then it would take more time to get K1-Visa.