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K1 Visa Lawyer Free Consultation – K-1 Visa in General The K-1 visa, often called a fiancé visa, allows the foreign fiancé of a U.S. citizen to come to the United States as long as the U.S. citizen and the foreign fiancé intend and in fact do so. Get married within 90 days of the foreign fiancé’s arrival in the United States. Only U.S. citizens can apply for a K-1 visa for their fiancés.

The K-1 visa, often called a fiancé visa, allows the foreign fiancé of a U.S. citizen to come to the United States provided that the U.S. citizen and the foreign fiancé intend to and actually marry within 90 days. the date of the wedding. the arrival of a foreign fiancé in the United States. Only U.S. citizens can apply for a K-1 visa for their fiancés.

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To help you determine if you and your fiancé qualify for a K-1 visa, consider the following requirements below:

What Is A K1 Fiance Visa, Eligibility And Process

If you and your fiancé meet all of the above requirements, then you may be eligible for a K-1 visa!

The 90-day rule states that once a K-1 visa holder arrives in the United States, they have 90 days to marry the U.S. citizen applying for their visa. The 90 days cannot be extended, nor can the K-1 visa be converted to another temporary visa. Additionally, the K-1 visa holder must marry the person who applied for their visa. A K-1 visa holder therefore cannot marry another U.S. citizen to circumvent this requirement.

There are many documents required for your K-1 visa application. It may seem overwhelming, but each document serves as proof to USCIS. Below is a general list of the types of evidence needed for your motion and the types of documents that are sufficient as evidence. These can all be submitted in copy form.

Since applying for, applying for, and receiving a K-1 visa is a multi-step process and the timeline can vary at each step, it is difficult to know exactly how long it will take to receive your K-1 visa and when you will will be able to travel. in the USA.

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Typically, you can expect to wait approximately six months for your petition, Form I-129F, to be reviewed and approved by USCIS.

However, getting your application approved is only the first step in the process of obtaining a K-1 visa.

Once your I-129F is approved, it takes about a month (or more) for the National Visa Center to contact your fiancé’s local consulate.

The K-1 visa interview can seem like a daunting step in the process of obtaining your visa. However, as long as you are prepared, there is nothing to worry about. Once your I-29F has been approved and you have filed your Form DS-160, the Department of State will schedule your interview at the nearest U.S. consulate. The purpose of the interview is to ensure the validity of your relationship. Only the foreign fiancé will attend this interview.

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Be sure to bring your DS-160 confirmation page, current passport, birth certificate, medical exam, affidavit of support (Form I-134), two passport-style photos, and any evidence you have showing the legitimacy of your relationship. to your interview.

Be prepared to explain how you and your fiancé met, your first dates, when you got engaged and how long you have been engaged, and what your plans are for married life.

If all goes well, the officer will approve your K-1 visa and you will soon be on your way to the United States to get married!

Immigration to the United States is not cheap. The fee for filing Form I-129F, the first step in the process, is $535. The next step, filing the DS-160, costs $265. The cost of the physical exam varies depending on the provider, but be prepared to spend several hundred dollars for this as well.

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There are other miscellaneous fees that may vary, such as the cost of passport-style photos, vaccination fees, travel costs, etc.

Finally, once you are in the United States and married, the filing fee for your adjustment of status application is $1,140, ​​plus an $85 biometric fee.

A K-3 visa allows the spouse of a U.S. citizen to enter the United States while awaiting their green card. The couple must be married and the US-based applicant must be a US citizen and not a legal permanent resident.

The spouse of a U.S. citizen is eligible for a CR-1 visa, which is obtained by filing a Form I-130, and CR-1 visas tend to have faster processing times than K-3 visas .

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The main differences are that there are no application fees associated with the K-3 visa application, the couple must be married, not engaged, and processing times are longer.

Generally, you and your fiancé must have met in person within the two years before you filed your petition. There are two exceptions to this rule. The first is whether an in-person meeting would violate strict, long-established social, cultural or religious norms.

The first exception can be easily established, but the second exception is much broader and more difficult to prove.

Furthermore, the extreme difficulties that the petitioner would face if forced to meet in person must be properly and adequately documented. This can be difficult.

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The petitioner claimed that complying with this requirement would cause him extreme hardship because he is blind and would be arrested in Iran for failing to serve in the Iranian military. USCIS denied his appeal because the petition did not adequately support these assertions, which would result in extreme hardship.

The petitioner did not provide USCIS with evidence that being blind limited his ability to travel, nor did he support his claims that he would be arrested for failing to serve in the Iranian military.

Finally, the petitioner ignored or failed to provide evidence that meeting in a third country would result in extreme difficulties.

This administrative decision is an excellent example of how difficult it can be to prove the existence of a waiver of the in-person meeting requirement for extreme hardship. Not only must the petitioner face extreme hardship if forced to meet in person, but he or she must also be able to document these extreme hardships in detail.

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Finally, there cannot be any other possible solutions to remedy these extreme difficulties and satisfy the waiver requirement. Even if you meet all the requirements for the waiver, it is still up to USCIS to grant the waiver. Therefore, if meeting in person is possible, it is best to do so.

Before the K-1 applicant can schedule their consulate interview, they must submit a police clearance from each place you have lived for more than six months.

This is to show USCIS that you are not inadmissible to the United States due to criminal charges.

You can find out how to request police certificates from different countries on this State Department website. In general, crimes involving “moral turpitude” or crimes involving theft may amount to inadmissibility.

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Please seek advice from an experienced immigration attorney if you have criminal charges that could cause problems with your fiancé visa.

Additionally, certain convictions of a U.S. petitioner may prevent him from filing a petition on behalf of his foreign fiancée.

In general, any offense against a minor will automatically prevent them from proposing to their fiancé.

However, there are other criminal convictions that, while not automatically disqualifying, will likely result in a challenge to your petition.

Success Story: Expediting A K 1 Visa Interview At The U.s. Consulate In Mumbai, India — Visa Lawyer Blog — January 15, 2021

Domestic violence charges can be problematic for a petitioner. If the petitioner has a history of domestic violence, these convictions may alert USCIS to potential behavior.

If you or your foreign fiancé have ever been married, you must prove that that marriage ended when filing your fiancé application.

If your marriage ended because your spouse died, a copy of their death certificate is sufficient proof to show that your marriage ended.

Obtaining a copy of your divorce decree or a copy of the death certificate differs depending on the location.

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Usually, U.S. states have a vital records office where birth records, death records, marriage records, and divorce decrees can be obtained.

For those looking for copies of divorce decrees or other similar documents abroad, there should be a registry office where these documents can be found.

A fiancé visa allows your fiancé to come to the United States before your wedding, which means that one of its benefits is the ability to have your wedding in the United States.

If this is one of your goals, a fiancé visa might be the best solution for you.

How Long Does It Take For A K1 Visa To Be Approved?

However, if your main goal is to get married as soon as possible and you don’t mind getting married outside of the United States, a spouse visa may be a good option.

Contact the attorneys at Shihab Burke, LLC, Attorneys At Law, and we will help you decide the best path forward for you and your fiancé!

The first step in the fiancé(e) process is to file Form I-129F, Petition for Foreign Fiance(e). As with the I-130 petition for a spouse, you will need to submit documentation as to the legitimacy of your relationship. Additionally, you will need to confirm your intention to get married once your fiancé(e) arrives in the United States. Once the I-129F petition

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