“Fiance Visa”
A segment from Talk of The Town’s Immigration Basics, Season 2, Episode 4
Live streamed on Thursday, February 17, 2022, at 8pm EST/ 5pm PST
What is the K-1 or fiance/e visa?
The K-1 or fiance visa allows a person who is engaged to a U.S. citizen to enter the U.S. to marry his or her partner within 90 days of admission.
Do you know that Filipinos are the top recipients of K-1 visa approvals?
Nearly half of the 16,000 K-1 visas issued in fiscal year 2019 were granted to Filipinos; followed by 1,700 K-1 visas issued to those from Vietnam and 1,600 K-1 visas to those from Mexico.
How do I obtain a K-1 fiance visa?
The U.S. citizen will need to file an 129F fiance visa petition with the U.S. Citizenship and Immigration Service (USCIS).
If approved, the I-129F petition is sent to the National Visa Center which in turn forwards the case to the U.S. Embassy where the fiance/e will be interviewed. If the US Embassy finds the fiance eligible, it will issue the K-1 visa that will allow travel to the U.S.
What are the K-1 visa requirements?
- Petitioner must be a U.S. citizen
- Both the U.S. citizen and his/her fiance must be legally free to marry
- Both must have met in person within 2 years before the K-1 petition is filed
- Relationship must be genuine
- U.S. citizen must meet income requirements for visa sponsorship
How much does a K-1 visa cost?
The USCIS fee for the I-129F petition is $535.00 and the actual K-1 visa application fee is $265. The cost of the required medical exam is roughly $200.00. These fees do not include incidental costs such as photocopying, translation or obtaining documents such as your birth certificate.
What are the common reasons for a denial of a K-1 visa application?
- Either party was convicted of certain crimes
- Prior immigration law violation
- Failure to prove genuine relationship or good faith intent to marry
- Either party is not eligible to marry
- Insufficient income of U.S. petitioner
What are the advantages of a K-1 visa?
- K-1 visas are available to same sex couples. This is a major factor where the fiance comes from a country that does not recognize same sex marriages.
- Wedding will be held in the U.S.
- Once married, the non-citizen spouse can apply for a green card
- The non-citizen spouse may obtain a work permit and travel document (advance parole) while the green card case is pending.
Since it is based on relationships, and relationships can get complicated, the K-1 visa process can run into some legal issues such as when the marriage does not take place within 90 days of arrival, or the K-1 visa holder marries a different U.S. citizen, or the couple decides to break up. These situations lead to serious immigration consequences for the non-citizen partner and require the counsel of an experienced immigration attorney.
About Immigration Basics
Immigration Basics is a regular segment of Talk of the Town. Hosted by immigration attorney Cristina Godinez, it provides the latest immigration news and information you can use.
About The Host/Author:
References:
Immigration to the United States
https://en.wikipedia.org/wiki/Immigration_to_the_United_States
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