K1 VISA

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What’s K1 Visa?

The K1 Fiancé Visa, also known as a couple or fiancés, allows a U.S. citizen to sponsor the person to whom their is engaged to enter the US, with the intention of marrying within a certain period of time not greater than 90 days after the foreigner’s entry into American territory. Once the marriage is celebrated, the spouse may apply for permanent residence, known as a Green Card.

This visa works and is valid for heterosexual couples and homosexual couples.

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What are K1 Visa requirements?

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To be eligible for K1 Visa you must meet a series of conditions, among which we have:

  • The sponsoring member of the couple must be a US
  • Both members of the couple must be of legal age to be married, single, divorced or widowed.
  • The American citizen fiancé must meet certain financial income requirements.
  • Possess supporting documents that act as evidence to demonstrate the legitimacy of the relationship, such as photographs, emails between the members of the couple, a letter from colleagues or friends who know of the engagement, flight itinerary or trips as a couple, etc.
  • Show that you know each other in person and that you have seen each other at least 1 time within the 2 years prior to submitting the visa form.
  • Provide both members of the couple a signed statement indicating the intention to marry within the time allowed.
  • By application of the Adam Walsh Act, neither of the couple can have been previously convicted of any crime related to child sexual abuse.

How to get K1 Visa?

  • Step 1: Petition for Fiancé – USCIS

In order to prove the validity of the relationship, the U.S. citizen fiancé must file Form I-129F: Petition for Alien Fiancé with USCIS.

This body proceeds to review your form and the documents you sent. If you    establish your eligibility, your Form I-129F is approved and submitted to the    National Visa Center (NVC, for its acronym in English).

  • Step 2: Visa Application – Department of State (DOS)

The NVC assigns you a case number and forwards the approved Form I-129F to          the US Embassy or Consulate where your fiancé will apply for a K1       Nonimmigrant Visa.

The Embassy or Consulate then notifies you when the visa interview is scheduled. At that time, your fiancé brings the required forms and documents. After the interview, the DOS Consular Officer determines whether or not she qualifies for the K-1 Nonimmigrant Visa.

How long does K1 Visa take?

The processing time for K1 Visa varies between 7 months – 1 year, approximately, but it’s not over yet! After married, they must apply for a green card, following the relevant process.

Does K1 Visa allow you to work?

No, you cannot work with a K1 Visa. With it you can only enter the US to marry within the defined period of time, it doesn’t give you employment permission.

How long does K1 Visa valid?

Once granted, K1 Visa is valid for up to 6 months for a single entry.

Can K1 Visa be extended?

The K1 nonimmigrant status automatically expires after 90 days and cannot be extended, having to leave US if they don’t marry within the established period of time.

If you stay on American soil, you will violate immigration law, potentially leading to deportation and affecting your future eligibility for U.S. immigration benefits.

Can K1 Visa be denied?

Yes, there are conditions that make you ineligible for the visa, such as having a history of drug trafficking, having broken US immigration laws, sending false documents or having a criminal history in your country of origin.

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