How to file for fiance visa
K1 Visa Explained: Everything You Need To Know About The Fiancé Visa
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welcome to direct us immigration's
channel where you get direct access to
our most up-to-date immigration and
global mobility space
my name is matria brown and i'm going to
talk about a visa issue to the fiance of
a u.s citizen
this visa allows the fiance to enter the
u.s to marry the u.s citizen within 90
days of arrival stay tuned
thanks for tuning in my name is matreya
brown and i am a u.s immigration
attorney based in washington d.c
i am also the principal attorney at
direct us immigration where we work with
clients in all 50 states and around the
world before we start click on the like
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information that could be vital to your
case the k1 visa also known as the
fiance visa is a non-immigrant visa that
permits the u.s citizens foreign-born
fiancee to enter the united states to
marry their partner
to get a k-1 visa the u.s citizen fiance
will file form i-129-f in addition to
other steps that we'll discuss later
your u.s citizen fiance is the
petitioner so the person filing the
petition
and the beneficiary is the person who
will benefit from the petition getting a
k1 visa can be a complicated process you
must meet specific eligibility
requirements and you must follow precise
steps
if you fail to file paperwork correctly
or complete the necessary steps your
case may face huge delays or even worse
be denied now to get the k1 visa you
generally have to fulfill the following
criteria
so first you have to be engaged to a u.s
citizen
you also have to have the intention to
marry within 90 days of entering the us
you have to have proof of the
relationship before the engagement
you have to get married in accordance
with u.s laws
while in the u.s on that k-1 visa
you and your u.s citizen fiance must
have met in person at least once within
the past two years although exceptions
do apply to this requirement uh which
you know these exceptions can be granted
if you can prove that the u.s citizen
would face extreme hardship to come and
visit the uh fiance
and extreme hardship can be shown
by way of culture customs or other
factors such as the kova 19 pandemic
so uh and then of course any you know
previous marriages that either of the
individuals have had must be legally
terminated so here's a general list of
the documents that you're going to need
to have with you
when applying for the k1 visa at an
embassy or a consulate abroad
so first you're going to want to have
your valid passport that has more than
six months you know after your intended
entry into the u.s
your two recent u.s visa photographs so
those typically look like passport
pictures
the form ds-160 confirmation page
confirmation code
the interview scheduled letter the
approved form i-129f
criminal background documents
and if applicable divorce or death
certificates in case of a previous
marriage
evidence of
the relationship with the u.s citizen
your medical exam documents as well as
proof of payment of
any fee so typically uh proof of payment
of the ds160 fee now in terms of
applying for the k1 visa typically this
fiance visa application has a few steps
that both fiances must follow
so the us citizen must first obtain
permission from uscis to bring and
sponsor their foreign citizen fiance to
the u.s
if uscis grants this permission then the
foreign citizen fiance must apply for
the k1 visa stamp at the embassy or
consulate abroad which i briefly touched
on uh before
so to get a petition approved from uscis
you generally have to go through the
following steps now as previously
mentioned you will need to file form
i-129-f
and this is filed with uscis
for which uscis will then process the
petition where the official will go
through
the evidence of the relationship whether
the parties do in fact intend to get
married in the u.s and whether they will
fulfill the eligibility criteria
if both the u.s citizen and the foreign
citizens fiance fulfill their
requirements then uscis will approve the
petition and send it to the national
visa center
so to nbc where
nbc will then
inform the embassy or the consulate
that's closest to the foreign national
fiancee
where that
individual can
take the steps to make an appointment
and apply for the k-1 visa now it's
important to note that you cannot obtain
the k-1 visa without an approved
i-129f
now when applying for the k-1 visa
abroad
you're going to have to fill out form
ds-160 schedule the visa interview
complete medical exams
compile all of your documents together
and then of course attend the visa
interview
now the ds-160 form is a non-immigrant
visa application
with the department of state that
basically requests information about
your personal information and why you
plan to go to the us
when you submit it you will get a
confirmation page as well as a code
from there you can then schedule the
you know the us visa
interview and then you can attend that
interview typically if you are between
ages 14 and 79 you will have to do the
interview
where you will receive the interview
appointment confirmation uh like i said
once the
appointment is scheduled now it's
important to note that you will have to
complete a medical examination and so if
you're
so just generally speaking if you're
traveling to the u.s and especially if
you're planning to apply for a u.s
immigrant visa in the future you must
have a licensed physician conduct the
necessary medical examination so the
doctor must write a report stating your
current health conditions and since the
fiance will get married soon and apply
for permanent residence it's also
advisable to get the necessary u.s
required vaccinations in order to
complete
that medical exam and furtherance of you
know long-term of being a grade card
holder now when compiling all of your
evidence and furtherance of the
interview
you do want to present the required k1
visa documents
which your immigration lawyer will
assist you with
but it's basically similar to the
documents that
were previously submitted as well as
additional documents uh pertaining to
the ds 160. now the next stage is to
attend your visa interview
so
during the interview you're going to
want to show your documents and you're
going to be answering uh some questions
that the
official will be interviewing you on so
typically they'll ask questions about
your relationship with the us citizen
and other details about your background
and your intentions in the united states
now the big question is
can a k1 visa application get rejected
so the answer is yes in various uh
circumstances so some of the specific
reasons why a application may be
rejected can include involvement in
criminal activities such as drug
trafficking human trafficking animal
trafficking
if you've submitted falsified documents
or if you've overstayed in the us on a
previous visa or broken any other
u.s visa laws now let's talk about the
k1 visa processing time
so the overall time that it takes for
the k1 visa to process will depend on
many factors including current uscis
processing times and how busy the
consulate or embassy at your location is
and it will most likely take many many
months so you're definitely going to
need to plan ahead and expect delays if
you're especially if you're planning a
wedding in the u.s and generally
speaking these delays can be the result
of partial or full closures of
immigration offices
case loads at those immigration uscis
offices
further investigation into your
background into your criminal history
or other administrative delays now once
you get to the stage where you will be
interviewing for the k1 visa it's
important to really be prepared
some of the types of questions that may
add that they'll likely ask you
specifically are what is your name your
date of birth where were you born
how old are you
what is your nationality what languages
do you speak do you have any children
were you previously married if so when
how many
is the
previous marriage officially over
when you enter the us uh
you know what are you seeking to do
um have you ever been in the us before
if so on what status have you ever been
arrested have you ever been convicted of
a crime uh and what is your profession
among a lot of other questions that they
may ask
now they may also ask
questions about your
u.s citizen fiance
such as your fiancee's full name date of
birth where your fiance was born where
they currently live what they do for
work
whether your fiance has ever been
married before and whether those
marriages
were terminated and whether your fiance
has any children if so how many
et cetera
other questions that they can ask about
the relationship is
where did you meet your fiance how did
you meet
have you ever visited your fiance in the
u.s or has your fiance ever visited you
outside of the u.s
where did you get engaged
did you have an engagement party
how did your fiance propose or how did
you propose if you were the one that
proposed um how
was there an engagement party uh
how many times have you and your fiance
met in person
and how often do you speak to your
fiance so these are the general
questions that they'll ask
and they may go into more detail
depending on your answers
and it just varies on a case-by-case
basis so making sure that you are
prepared for the interview is very
important and will make the difference
of whether the k1 visa is approved or
not
so to conclude the k1 visa is a special
visa that allows the fiance of a u.s
citizen to enter the u.s to get married
to their partner and adjust and
eventually adjust their status
in the u.s to that of a green card
holder
now
you know you should have a much stronger
understanding of various aspects of the
k1 visa including the visa benefits
requirements and processes i hope you
found this video helpful subscribe if
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know who needs answers to these
questions i'll see you in the next video
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