If you want to apply for a K-1 visa while in America, there are certain things you need to know about this process. K-1 visas are some of the more common types of visas people apply for, but they can still come with several different challenges. There are many steps in the application process, and it is essential that your applications are thorough so that you do not run into any issues along the way. Here is everything you need to know about applying for a K-1 visa while in America and how to get this process started.
What is a K-1 Visa?
A K-1 visa is also known as a fiancé visa, as it is used when an immigrant is engaged to a U.S. citizen. However, you cannot simply apply for a K-1 visa right away, as your U.S. citizen fiancé has to sponsor you first by filing a petition. If their petition is approved, you can then move forward with applying for a K-1 visa.
The K-1 visa is a non-immigrant visa, so it allows you to temporarily stay in the US, but it does not grant you residency. It is provided for fiancés of a U.S. citizen because once you are married, you can then apply for an adjustment of status to become a green card holder so that you can remain in the United States.
To be eligible to apply for a K-1 visa, you must have a sponsor who is also your fiancé, and the two of you must plan to be married within 90 days of your arriving in the U.S.
It is essential to hire an immigration attorney to help you obtain a K-1 visa, as this process can be very complex. There are several steps that must be completed, and both you and your U.S. citizen fiancé will have different things you have to do throughout this process.
Is it Possible to Apply For a K-1 Visa While in America?
If you want to apply for a K-1 visa while in America, this significantly complicates the K-1 visa process. The straightforward answer is that you are not allowed to apply for a K-1 visa from within the United States. To be able to do this, you have to apply for a visa at an embassy or a consulate outside of the United States.
Getting to an embassy or consulate outside of the U.S. can come with complications, depending on the type of visa you already have. There is also a risk of overstaying on a visa when you are trying to apply for a K-1 while in the U.S.
How to Apply For a K-1 Visa While Outside America
If you want to apply for a fiancée visa while in the U.S., you’ll have to follow the basic standards of obtaining a K-1 visa by going to an embassy or a consulate outside of the United States. There are quite a lot of requirements, and they are broken down into two categories: the requirements for sponsors and the requirements for the person seeking the K-1 visa.
You should also keep in mind that there are several things that could lead to your K-1 visa application being denied. Here are some examples of why you may be ineligible for this type of visa:
- You are already married.
- You or your fiancé do not meet the minimum income requirements.
- You pose a public health risk.
- You failed the in-person interview.
- You have a criminal record.
- You have violated U.S. immigration laws in the past.
It is also essential that you and your fiancé hire an immigration attorney to help you with the application process to ensure that it is successful. An attorney can help you and your fiancé fill out the correct forms, include evidence to establish a valid relationship, and address any issues that may come up.
Sponsor Requirements
To begin the process of applying for a K-1 fiancé visa, your U.S. citizen fiancé will act as your sponsor by submitting the form I-129F, which is a petition for alien fiancé. They will also need to provide proof of a valid relationship through things like communication records, evidence of in-person meetings, photos, etc.
If Form I-129F is approved by the USCIS, your case will go to your country’s U.S. embassy or consulate, and your sponsor will need to complete Form I-134, which is an affidavit of support. Your sponsor must meet the income requirements for a K-1 visa, which helps to ensure that immigrants who obtain a K-1 visa do not become a burden on the U.S. government.
Both you and your U.S. citizen fiancé will need to work together when it comes to gathering proof of a valid relationship as well as collaborating with an immigration attorney.
Foreign Fiance Requirements
Before you are able to proceed with your side of the K-1 fiancé visa process, you have to wait for the I-129F to be approved, which could take 4 to 7 months. Once this is approved, you need to complete form DS-160 and provide essential documents such as your passport, birth certificate, police certificate, divorce decrees or death certificate if applicable, and evidence of a valid relationship.
You will also need to undergo a medical exam and attend a visa interview, which will help to determine your eligibility for a K-1 visa.
If your application is approved, you will receive your K-1 visa and will have a deadline of six months to travel to the U.S. Once you have entered the United States, you will have 90 days to get married; otherwise, you will need to return to your home country. If you and your fiancé are married within 90 days, you can apply to adjust your status to become a green card holder.
Hire an Immigration Attorney Today
Do you want to apply for a K-1 visa while inside or outside of the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
