This page explains how U. S. citizens can petition for certain family members to receive either a Green Card, a fiancé (e) visa, or a K-3/K-4 visa based on their relationship. If you want to bring your foreign fiancé(e) to the United States for marriage, you will need to file Form I-129F, also known as the “Petition for Alien Fiancé(e)”, as the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I.
To qualify for the K-1 visa, both the U. S. citizen and the foreign fiancé(e) must meet certain requirements. They must have met in person at least once within the last two years. For family-based visas, this usually means filing Form I-130 (Petition for Alien Relative). For employment-based visas, the process can be different and may involve multiple forms, including labor certification.
For a family or dependent of a US Tourist visa application, proof of relationship between the applicant and the principal applicant (such as marriage certificate) is required. To obtain a Green Card for your family member, you must file Form I-130, Petition for Alien Relative, and provide proof of your status to demonstrate that you are a permanent resident.
Ineligible IV applicants, for whom a waiver is available, must first petition for classification by the USCIS in the U. S. of the alien as your fiancé. This can only be filed in the United States, though you could mail the petition to the U. S. Citizenship and Immigration Services (USCIS) in the country where you plan to marry and live.
In summary, U. S. citizens can petition for family members to receive various visas based on their relationship, such as a Green Card, fiancé (e) visa, or K-3/K-4 visa. The process can be complex and time-consuming, but with proper planning and preparation, they can successfully obtain their desired visa.
| Article | Description | Site |
|---|---|---|
| I-130, Petition for Alien Relative | Submitting Form I-130, Petition for Alien Relative, is the first step to help an eligible relative apply to immigrate to the United States and apply for a … | uscis.gov |
| Visas for Fiancé(e)s of U.S. Citizens | You will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). | uscis.gov |
| Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen | Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F. Learn more. Fiancé(e). If you are a U.S. … | travel.state.gov |
📹 K1 Visa Explained: Everything You Need To Know About The Fiancé Visa Direct U.S. Immigration
K1 Visa Explained: Everything You Need To Know About The Fiancé Visa Direct U.S. Immigration The K-1 visa, also known as …
What Is A Family Based Immigrant Visa?
A family-based immigrant visa enables foreign nationals related to U. S. citizens or lawful permanent residents (LPRs) to live and work legally in the United States. The process requires a U. S. citizen or LPR (petitioner) to sponsor a foreign relative (beneficiary) for a green card. There are two main categories: Immediate Relative visas, which include spouses, children, and parents of U. S. citizens, and Family Preference visas, which cater to more distant relatives.
Immediate Relative visas have no numerical limits, allowing a broader opportunity for family reunification. In contrast, Family Preference visas apply specific criteria and limitations based on the relationship distance between the petitioner and beneficiary.
To qualify, individuals must be close relatives of U. S. citizens or LPRs. This comprehensive guide aims to clarify eligibility criteria, the application process, and the roles involved. Additionally, updates to the USCIS Policy Manual effective May 22, 2024, will influence how family-based immigrant visa petitions are processed, primarily focusing on Form I-130 (Petition for Alien Relative).
Family-based immigration serves as a vital pathway toward U. S. citizenship for many immigrants, allowing them to establish residency based on familial ties. Understanding the visa categories, requirements, and processes is essential for successful sponsorship and application.
Can I Sponsor My Fiance Visa?
Yes, you can sponsor a fiancé(e) visa (K-1 visa) while working on an H-1B visa in the U. S., provided you are a U. S. citizen. Only U. S. citizens can apply for a K-1 visa to bring their fiancé(e) to the U. S. for marriage, after which the fiancé(e) can apply for a Marriage Green Card through adjustment of status. To initiate the process, you must file Form I-129F, Petition for Alien Fiancé(e), with U. S. Citizenship and Immigration Services (USCIS). It’s essential to demonstrate that you meet financial requirements to ensure your fiancé(e) won’t require government support.
The K-1 visa allows your fiancé(e) to arrive in the U. S., where they must marry you within 90 days. After marriage, your fiancé(e)—now your spouse—can apply for a marriage-based green card. Note that permanent residents (Green Card holders) cannot sponsor for a K-1 visa. For spouses, there’s also the K-3 visa option, though it’s less common.
The entire visa application process can take between 8 to 24 months for petition approval, followed by additional months for visa processing. Engaged couples must evaluate whether the K-1 or CR-1 (spousal) visa best suits their needs. Supporting documents must accompany the K-1 application, and if finances are insufficient, a financial co-sponsor can be added. Ultimately, the K-1 visa is a pathway for U. S. citizens to legally bring their fiancé(e) to marry and establish residency in the U. S.
Who Is Eligible For A Family Based Immigrant Visa?
Family-based immigrant visas are designed for specific relatives of U. S. citizens and lawful permanent residents, including spouses, children, parents, and siblings of citizens, as well as spouses and unmarried children of green card holders. To initiate the process for the sponsored individual to gain permanent resident status, an application for a family-based immigrant visa must be filed. There are two main categories: Immediate relative visas, which do not require a waiting period, cover spouses, unmarried children under 21, and parents of U. S. citizens.
Eligibility for an immigrant visa requires the beneficiary to have an approved Form I-130. To sponsor someone, the family member must be a U. S. citizen or lawful permanent resident, and generally, the petitioner must be at least 21 years old. Family-sponsored preference visas fall under different categories based on the relationships, including various preference categories for unmarried children and spouses.
The immigrant visa process includes several steps outlined on the U. S. State Department's website, and it requires at least two family members: the petitioner (sponsor) and the beneficiary (foreign citizen). Categories such as F1 visas for unmarried children over 21 and F2A visas for spouses and minor children exist within the broader family-based immigration framework. Thus, prospective applicants need to understand the requirements and processes involved in obtaining these visas for their qualifying relatives.
How Much Income Do I Need To Sponsor My Fiancé?
The income requirement for K-1 visa sponsors increases to $22, 185 annually for a two-person household, with adjustments made for additional dependents. As of 2024, the minimum income requirement for a fiancé(e) is set at $25, 550 for a similar household. To qualify as a sponsor, the petitioner must demonstrate a stable income that meets or exceeds 100% of the federal poverty guidelines, which were $22, 887 in 2022 for households of two. Furthermore, the income figures evolve based on household size, necessitating a higher income for those with more dependents.
For all states except Alaska and Hawaii, a petitioner must earn at least $18, 310 to fulfill the K-1 visa income prerequisites. It's crucial to accurately report income on the I-134 form, proving the ability to support oneself and the sponsored fiancé(e). Should income fall short, candidates might consider joint sponsorship; however, incomes cannot be combined with a substitute sponsor to meet requirements. Overall, U. S.
citizen sponsors must ensure they demonstrate financial capacity, reflecting the necessary income parameters for them to legally bring their foreign fiancé(e) to live in the USA. Mistakes in the petition can lead to significant delays in the process.
Is A Fiance Visa Easy To Get?
Processing timelines for K1 Fiancé Visas allow for petition initiation once the couple has met in the past two years, generally taking 6-8 months with legal counsel. Securing a fiancé visa can be arduous; however, proper preparation can lead to success. Applicants must show a genuine relationship, meet income standards, and attend an interview. U. S. citizens wishing to sponsor their foreign fiancé(e) must file Form I-129F, Petition For Alien Fiancé(e), which is the initial step toward obtaining a K-1 nonimmigrant visa.
Statistically, around 74% of fiancé(e) visas were approved by USCIS in 2020. The K-1 visa enables a foreign national to enter the U. S. to marry a citizen, distinguishing it from the K-3 spouse visa. Each option suits different circumstances. The K-1 visa is temporary, allowing a 90-day window for marriage post-entry. Approval rates are typically high, although factors like a criminal record or inability to prove ongoing relationships could hinder success.
The K-1 fiancé(e) visa process is often quicker than transitioning to a spouse visa. Nevertheless, it remains prone to a high rate of unapproved applications due to potential fraudulent attempts, emphasizing the importance of thorough documentation and relationship evidence.
How Do I Prove My Relationship Is Real For A Fiancé Visa?
When applying for a K-1 fiancé visa, it’s crucial to provide valid proof of your fiancé/fiancée relationship. This includes submitting evidence such as letters, photographs, or other details showcasing your engagement. If pursuing a K3 visa, present your original marriage certificate or a certified copy. Providing substantial relationship evidence is essential to avoid delays or denials during the K-1 fiancé visa process. Examples of evidence include personal statements and proof of in-person meetings.
To demonstrate a genuine relationship, couples should aim to submit around 50 unique pieces of evidence, such as plane tickets, boarding passes, travel itineraries, and photos reflecting time spent together. This documentation indicates commitment and seriousness in the relationship. Moreover, personal affidavits from friends and family, records of communication, and joint financial documents enhance proof of your legitimate relationship.
Meeting in person within the last two years is vital not only for visa requirements but also to illustrate commitment. Ultimately, submitting strong evidence is key to securing visa approval, showing independence from immigration motivations, and affirming the authenticity of your relationship to USCIS.
Can I Bring A Family Member On An Immediate Relative Immigrant Visa?
Yes, immediate family members can be brought to the U. S. on an Immediate Relative Immigrant Visa, which includes spouses and unmarried children under 21. The cost of this visa varies based on individual circumstances. Dependents can accompany the primary applicant on a family-based immigrant visa; however, their eligibility depends on their relationship to the primary applicant. Family-based immigrant visa applications are the first step towards obtaining permanent residency for sponsored individuals.
Immediate relatives of U. S. citizens have unlimited visa availability, meaning they do not face long waiting times for visas. To qualify as an immediate relative, the family member must be a spouse, unmarried child under 21, or parent; a U. S. citizen must sponsor this petition by submitting an I-130 visa petition. Immediate relatives do not face visa quotas, ensuring immediate availability. For individuals who entered the U. S. unlawfully, adjusting status may not be probable unless qualifying under Section 245i of the Immigration and Nationality Act.
While U. S. citizens can petition for immediate relatives, only specific family members qualify for these visas. Overall, the immediate relative category prioritizes visa processing without limits, allowing close family relations to gain lawful permanent residency swiftly.
Do Fiance Visas Get Denied?
At a K-1 fiancé visa interview at the U. S. Embassy, even with complete paperwork and genuine intentions to marry a U. S. citizen, your case can be denied due to the consular officer's lack of conviction regarding the relationship's legitimacy. Common reasons for denial include a perceived fraudulent relationship, ineligibility to marry, inadequate income, or absence of plans to wed within the mandated 90 days. Although K-1 visas usually have a high approval rate, certain factors increase the risk of denial.
RapidVisa shows a strong track record in reducing such denials. Most denials arise from insufficient evidence of a bona fide relationship, which is crucial for obtaining U. S. Citizenship and Immigration Services (USCIS) approval. If a visa is denied, USCIS will notify you with reasons for the denial, but often these reasons are generalized or vague. Applicants may also face setbacks if they or their fiancé(e) are still legally married. Between 20, 000 and 40, 000 K-1 visas are denied annually, often due to applicants underestimating the importance of demonstrating the relationship's authenticity.
If your K-1 petition is denied, there are alternative pathways to consider for living together permanently in the U. S. It is essential to understand that proving a genuine intent to marry is vital in the application process; failure to do so can lead to a denial. Therefore, if seeking a K-1 visa, prepare to substantiate the relationship thoroughly and ensure all eligibility criteria are met.
How Do I Get A Family-Based Immigrant Visa?
To obtain a family-based immigrant visa, an individual must be sponsored by a U. S. citizen or lawful permanent resident family member, be eligible for an immigrant visa, and have an approved petition from U. S. Citizenship and Immigration Services (USCIS). The immigration process for noncitizens related to U. S. citizens involves applying for a family-based immigrant visa, which can lead to lawful permanent residency. There are two main types of family-based visas: Immediate Relative, which pertains to close family members like spouses or children, and Family Preference visas for other relatives.
The sponsorship process begins with the U. S. citizen or lawful permanent resident submitting Form I-130 to show their family relationship. Once this form is submitted, the petition must be approved for the individual to proceed. The two-step process involves first filing an immigrant visa petition by the sponsor, followed by the immigrant applying for the visa. Additionally, eligibility criteria require the sponsor to be at least 21 years old. If outside the U.
S., consular processing is necessary to obtain the immigrant visa. Once the petition is approved, various forms are needed, including I-797 and I-864, along with financial documentation to support the immigrant's application. Overall, family-based immigration facilitates the reunion of families in the U. S., leveraging these structured processes for eligible members.
📹 How to Assemble 129-F Packet K1 Visa Petition for Alien Fiancé Filipina-American Couple🇵🇭🇺🇲
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NOTES FROM THE article: K1 Fiancé Visa 🇺🇸💳 Embassy / Consulate (to apply for visa) Necessary Documents: • Valid passport for more than 6 months after your intended stay in the US • 2 recent US visa photograph ID (Passport pictures) • Form DS-160 confirmation page & code • Interview schedule letter • Approved Form I-129F • Criminal back documents • Evidence of the relationship with the US citizen • Medical examination documents • Proof of payment of fees _ Steps: • The US citizen must first obtain permission from USCIS to bring and sponsor their foreign citizen fiance to the US • If the USCIS grants this permission, then the foreign citizen must apply for the K1 Fiancé Visa stamp at an embassy or consulate abroad. _ To Get Approved: • File form I-129F with USCIS, then they will process the petition where the official will go through the evidence of the relationship, whether both citizens intend to get married in the US (proof) and whether they will fulfil the eligibility criteria. • If both the US citizen and foreign fiance citizen successfully fulfil the requirements, then the USCIS will approve the petition and send it to the National Visa Center (NBC) Then the NBC will inform the embassy or consulate thats closest to the foreign national fiance, then the fiance can take the steps to make an appointment to apply for the K1 Fiancé Visa. • It’s important to note that you cannot obtain the K1 Fiancé Visa without an appproved I-129F. _ When applying for the K1 Fiancé Visa abroad: • You must fill out form DS-160 • Schedule the Visa interview • Complete medical exams • Compile all your legal documents together • And attend the Visa interview.
Hi there, I realize now. That this could take a long time for my girlfriend to get a K1 visa from Russia to the US. We met on the foreign affairs website. In their bylaws they state not to attempt to use a visitor visa to skirt/avoid the K1 wait times and then get married. But given the extreme nature of circumstances with the US embassy not working/ partial shut down. This complicates our union. I’m a U.S. citizen. I can’t fly into her country atm due to the level 4 guideline for travel. Certainly there has to be a logical exception to this hardship. I get why they don’t want you to skip the process. But at the same time. It’s really not right to make people wait 2-3 years to unite. It just doesn’t make sense. So many obstacles. She could easily literally travel here on a visitors visa, but can’t on a fiancé processing K1? It’s just dumb. Obviously if she came here on a visitors visa, and we got engaged/married. They would ask how we met. And I hate lies. I wouldn’t want to lie. I don’t like dishonesty. But I also hate the idea of waiting 2-3 years. I’ll trust God on this one. She is worth the wait. I just think this system is stupid. People’s freedoms mean a heck of a lot more than stupid rules that don’t make sense.
I have a B1/B2 visiting visa which was recently obtained, My partner and I wish to get married. He is an US citizen. 1. Despite having a B1/B2 visitors visa confirming that I could still get the K-1 Visa? 2. Would this visa allow me to work/study while in the states post the marriage or will I have to go back to my home country until everything has been approved for a green card. 3. Do you have time range that it would take to get the green card?
Thank you so much for the article ! Just wanted to clarify when you stated 1st step is US Citizen must obtain permission from USCIS to bring /sponsor their foreign citizen fiancé to US. And if USCIS permission is granted the foreign citizen must apply K-1 Visa stamp at the Embassy/Consulate abroad – is this the FIRST step that needs to be done before filing the Form I-129 F including with all documents & evidence? and How ?
Thank you so much for the article. My son has the approved I-129F and has to log in every hour on the hour to see if an available intreview appoitment has opened up with the Embassy in Ankara. Does the system know based on my case number when to open up an available appoitment, or does he need to keep waking up at all hours to click the button? I looked at the official site for wait times and the K1 visa isn’t listed. Thanks!
Hello! Me and my fiancé are getting married September 2024, when would be the best time to apply for this K-1 visa? Or is there a different one we could apply for? My fiancé is English and we will be in England until the end of the year to see my parents. I know that visas are a process so I’d like to know when would be best to start so we can get married in the States and him live with me in the States. Thanks!
I would love to already pay for the application visa and necessary documents, but my lawyer is insisting to wait for an invoice number. Even though NV notified me through email that I can continue the next process and do the payment. Lawyer is telling me that without this invoice number I cannot send a payment and start the process. I’m just a bit confused in your article the way you described it makes me believe that I can start my process already and make sure that my fiancé gets the necessary shots. Medical exam and documents needed and schedule an interview. I’m just a bit confused.
Hello, my fiancé and I submitted our Fiancé visa application in January. Currently, we reside in Indonesia. I am a US citizen, and my fiancée works remotely for a US company. We would like to know if she can maintain her employment with the company after we relocate to the United States, or if she will be required to resign and remain unemployed. Additionally, if she has a remote job with a non-US-based company, would she need to terminate that employment as well?
After you are approved and NVC notifies you through email telling you ” you are now eligible to schedule your meeting ” in all the other examinations and requirements” do I have to wait for an invoice number? Before pain and continuing any process? my lawyer told me that I must wait for an invoice number even though that the Nvc emailed me telling me I can already start the next process.
Thank you so much for this excellent article !! And I have just one question about Ds 160 form,,,, Do I need to fill out my ds 160 before my I-129F is approved by USCIS or after I have my confirmation ( Case number from the national visa center ) before going to the embassy for the interview? Thank you
I was wondering if you may have some info or experience with my question, I did reach out to the Embassy and waiting for a response… hopefully …….My Fiance’s K1 interview is in the next couple of months or so..We have all required docs but looking at the US Embassy’s website for required Docs it states ” : A Certificate of No Marriage (CENOMAR) from the PSA indicating the annulment or termination, your original divorce or annulment/presumptive death court records, and/or death certificate ” She has the Australian divorce order but does not have the CENOMAR indicating the marriage Termination. Is the Us Embassy looking for BOTH a CENOMAR and+ Foreign divorce order …..OR either one or the other.. Will the Embassy accept just the Divorce order without a CENOMAR thank you. She is Philippine citizen and had an Australian Divorce order. thank you Larry and May
Hello, This question is about when we can file DS-160 for k1 fiance visa. We received email from NVC – The National Visa Center (NVC) received your fiancé (e)’s/spouse’s approved I-129F petition from U.S. Citizenship and Immigration Services (USCIS). NVC will now forward the petition to the U.S. Embassy or Consulate in Mumbai (Bombay), India. Please note that the transfer process can take several weeks. The U.S. Embassy or Consulate will contact your fiancé (e)/spouse when they are ready to process his or her petition. In that email they are clearly saying that U.S. Embassy will contact your fiance when they are ready to process his or her petition. I also checked the CEAC website. It’s showing our case is READY, but that also says – please wait until you have been notified of your interview appointment. CEAC websight shows following – Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment. We not yet heard anything from US Embassy. So my question is when we file our DS-160? We should wait for communication from US Embassy before we file DS-160 right? thanks in advance.
Once I (beneficiary) have married my US fiancée on a K1 visa, am I legally required to remain in the US while I apply for a green card? Or can I return to my country, continue working, and apply from there via consular processing? If so, is this a better option if I don’t want to be out of work while I wait for employment authorization? Thanks for the article!
Hi I am a paraplegic and receive SSDI income that is approximately 1,100 per month. I own my house and therefore the house is completely paid off. My fiance is a Filipino who will be coming into the United States. Due to my inability to travel long distances which also includes a seizure disability, I will not be able to visit my fiance in the Philippines. Is the immigration service going to need me to get my doctor’s written explanation for why I cant travel? and is there an annual earnings that the United States government requires me to have in order for my fiance is allowed to come to the United States for us to get married?
Hello! Me and my fiancé recently got engaged and he has a previous ex in the PH where he signed the birth certificate of the child. Then later figured that the kid isn’t his child. Should we still state that he has a child since he signed the birth certificate? They already have no contact for many years now.
Hello I am a American living in the Philippines I am in a relationship with a Filipino woman we are planning on living in American is it better we get a k 1 fiance visa or a spouse visa we are planning on getting married thank you she wants to work in American I am retired my fiance is younger than me
Doctora, hay alguna forma de aguilizar el proceso 15 meses es mucho tiempo para poder iniciar más el tiempo que hay que esperar a que llegue al país del prometido y conseguir la cita, es triste ver qué se quiera hacer las cosas correctamente y sea tan demorado y faciliten a quienes se van por la frontera. Podrían implementar un pago adicional para aguilizar los procesos.
I have a concurrent k1 visa application, my fiancé applied it in the 1st of june 2022 and we still waiting, however nowadays the DV lottery is available and there are 3 days left, my question is if i apply for the DV lottery, could my DV application affect my k1 visa application? Sincerely, mohamedelmubarak
Hello, I was gonna ask about my situation. The last time I met my girlfriend is last June 2021 and I’m planning to petition her (K1 Visa) the mark of 2 years is gonna be this coming March 2023. Am I gonna have a problem because it’s gonna be almost 2 years since the last time I met her. Thanks in advance for reply.
I just sent my application but I didn’t translate his divorce documents. It was not indicated in the requirements on the uscis website. Is it required to translate divorce documents that are in Spanish to English? If so, what do I do now that I literally sent the application and all the documents yesterday? Should I send the translation now or wait for them to reply?