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How do I apply for a K1 Visa?

21st March 2011
By Alan Wilzig in Immigration Law
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A Fiance Visa, also referred to as the K-1 Visa, allows the foreign fiance or fiancee of a U.S. citizen to enter america and marry the US citizen inside of 90 days. Following marriage, the spouse can apply for an adjustment of status to permanent residence.

The Fiance Visa application method can be a multi-stage method that wants plenty of organizing and tracking of various forms.

To begin with, the U.S. Citizen has to file a petition with all the US Citizenship and Immigration Services (USCIS) making use of the Form I-129, Petition for Alien Fiance(e) and Form G-325A, Biographic Information. The foreign fiancee will even must fill out a form G-325A. The information provided on this form could be utilised from the government to do a track record examine of your fiance(e).

The US citizen will get the Notice of Motion through the USCIS acknowledging that the petition has long been accepted. When he/she receives this notice depends upon the processing time taken through the service center at which the fiance visa was filed. The authorized petition is forwarded to your Nationwide Visa Center which in flip will forward it for the foreign fiancee's embassy, as outlined inside the I-129F, Petition for Alien Fiance(e).


When the U.S. Consulate gets the NVC notice of your approval of your Fiance Visa petiton, it'll deliver foreign fiance(e) an interview notice, some extra fiance(e) visa forms and directions. The forms and also the directions fluctuate between Consurlates. (Generally it consists of Form DS-156, DS-156K, DS-230). The Fiance(e) Visa application will consist of a health care exam by a doctor authorized through the US consulate or USCIS. On the day from the interview, the fiance will likely be expected to arrive at the Consulate together with the forms and paperwork as described by the Consulate. This must also inclued Form I-134 (which has long been stuffed from the US citizen sponsor and sent to your fiance.)

Inside of some days of attending and currently being accepted, the fiance(e) will acquire in the Consulate a visa to enter the usa. The fiance(e) has 6 months to enter the united states. The Fiance(e) Visa is a thick, sealed envelop that has to be introduced to a U.S. Border official unopened. The border official will stamp the fiance(e)'s passport with the K-1 Visa and give him/her an I-94 card exhibiting the 90 days duration from the visa. Children below the age of 21 could be qualified to accompany the applicant on a K-2 Visa.


The foreign fiance(e) ought to commence working about the "Green Card" application when he/she arrives from the United states of america. USCIS expects the foreign fiancee to file it just before the 90 day expiration of his/her fiance(e) visa. If a "Green Card" application is approved then the foreign fiancee is going to be presented conditional residence.

The Conditional Resendence status means that the status will expire in two years after which the USCIS will consider a second take a look at regardless of whether the marriage is in fact genuine (bona fide) just before it allows the foreign fiancee to remain permanently. To get rid of the conditions to the residence, the conditional resident will should submit a petition - Form I-751, Petition to get rid of Conditions of Residence) to USCIS. This petiton must be submitted inside of 90 days from the date of expiration with the conditional residence status.

Once the petition is authorized, the applicant becomes a lawful permanent resident. Additional down the road, the permanent resident can apply to become an American citizen via naturalization.
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Source: http://www.goinglegal.com/how-do-i-apply-for-a-k1-visa-2130941.html
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