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K-1 Visa (Fiancé)

A K-1 visa, also called a fiancé visa, is a nonimmigrant visa that allows a foreign citizen fiancé of a U.S. citizen to enter the United States to marry and become a permanent resident (LPR) through the card process. green marriage.

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How long does it take to get a promise visa?Did you get K-1?

 

Based on projections for 2023, for applications filed today, the processing time for a K-1 application should average 9 months. 

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What is the 2 year rule for a K-1 visa?

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The 2-year rule is a crucial part of the K-1 visa process.

It is designed to ensure that the relationship between the U.S. citizen and the foreign citizen fiancé(e) is genuine by requiring couples to provide proof that they met in person at least once within the two years prior to filing Form I -129F.

 

This does not mean that couples must have been in a relationship or known each other for two years or more; it simply means that before you submit your K-1 visa forms, you must have evidence that you have physically met.

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Despite the challenges of meeting in person during the pandemic, online meetings, video chats, and phone calls do not meet this requirement. However, there are some exceptions to this rule.

If meeting in person would conflict with religious or cultural traditions, or would result in serious hardship for the foreign national fiancé(e), the rule may not apply.

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If the US citizen and their foreign citizen fiancé(e) have not met in the previous two years, they can apply for a waiver of the 2-year rule. This request must be filed with Form I-129F and must include proof that arranging the meeting was extremely difficult or impossible.

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Fiancé visa requirements include:

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  • The petitioner must be a US citizen. A US lawful permanent resident (green card holder) cannot sponsor their fiancé for a K-1 visa.

  • Both must be single. As proof, the couple must present the previous divorce decrees, annulments or death certificates of a former spouse.

  • The couple must prove that their relationship is valid.

  • The couple must prove that they met in person at least once within two years of applying for the visa. Some exceptions apply, including cases of extreme hardship or when meeting in person would violate certain religious, cultural or social norms.

  • Each couple must submit a signed document indicating that they intend to marry within 90 days of the foreign fiancé's arrival in the US If available, include other proof such as a venue reservation or wedding invitations .

  • The US citizen must meet the income requirements for a K-1 visa, meaning the adjusted gross income on their most recent tax return must equal at least 100% of the federal poverty guidelines . They may use a joint sponsor if they cannot meet the income requirement on their own.

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Step 1 - Documents to be included with the Citizen's Petition

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  • Proof that the sponsoring fiancé is a U.S. citizen (evidence may include a copy of passport, naturalization certificate, or birth certificate)

  • A copy of the foreign fiancé's passport

  • Evidence that shows that the relationship is real, such as photos together, travel itineraries taken together, letters from family and friends confirming the relationship, emails or text messages between the partners, etc.

  • The couple must show that they have met in person at least once within the two years prior to filing the form. Evidence includes flight reservations, hotel itineraries, photos, emails, etc.

  • You must each sign an affidavit explaining the nature of your relationship and stating that you intend to be married within 90 days of your foreign partner's arrival in the US.

  • The sponsored fiancé must include a copy of all previously issued Form I-94 arrival/departure records

  • One passport-style photo of the US citizen fiancé and one passport-style photo of the foreign couple.

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Step 2: Form DS-160 and Interview

 

After the I-129F fiancé sponsorship form is approved, the beneficiary will receive notice from the US Embassy in their home country, including the date and location of their visa interview and a list of the required documents.

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Documents ofhe beneficiary

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  • Two passport type photos

  • Birth certificate

  • Valid and current passport

  • Police clearance obtained from all countries of residence for more than six months from the age of 16

  • Stamped Medical Examination Form (obtained through a Department of State-licensed doctor abroad)

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Documents ofhe petitioner (citizen)

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  • Affidavit of Support (Form I-134)

  • Most recent tax returns

  • Proof of relationship (copy of approved I-129F packet originally filed with USCIS)

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The interview

The visa interview takes place at the nearest US embassy or consulate in the beneficiary's home country, generally 4-6 weeks after initial embassy notification.

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Step 3: Arrival and Marriage

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Once the requirements are met and the K-1 visa is approved, the beneficiary has a total of six months from the date of initial Form I-129F approval to travel to the United States.

Upon arrival, the couple must marry within 90 days, or the beneficiary will lose their K-1 status. 

If the couple decides not to marry, the beneficiary will not be eligible to remain in the United States and must leave the country immediately.

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Our service:

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  • Complete all relevant forms and send them to him for his signature.

  • Gather the necessary supporting documents.

  • Submitting your application package.

  • Application filing fees charged by the government are not included in the price

plan (That only covers our work preparing forms).

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  • 🖊 📋 After making the first payment, we will email you a

Authorization / contract that you can sign electronically.

 

  • We will then email you a link to our form to

collect the necessary information to start your Process

© 2023 by The Cordial Group LLC

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