Procedure and Documentation Required to Obtain a Fiancée Visa

If you are a US citizen planning to get married in the US, and your fiancé/fiancée is a foreign national, you can find solution to your problem by applying for a fiancée visa or K-1 visa.

Application Process of K-1 or Fiancée Visa

Before applying for a K-1 visa, the US citizen, on behalf of the foreign fiancé(e), has to file a Petition for Alien Fiancé or Form I-129F, at the nearest USCIS office in his/her locality or at the nearby US consulate, if the citizen is living abroad. After the approval from the USCIS, this petition goes to the National Visa Center for further processing, from where it is sent to US Embassy.

It is in this Embassy or US Consulate that your fiancé(e) has to apply for a K-1 non-immigrant fiancée visa, which is valid up to 90 days. This US Embassy’s Consular section will guide the foreign fiancé(e) with details about what documents are needed and how to go about the application. Along with the documents, the fiancé/fiancée has to go through an interview where a digital, ink-free fingerprint scan will also be done for later identification of the person.

Things to be noted:

Within 90 days of entering the United States, your fiancé(e) must get married to you. In case the marriage doesn’t happen within the stipulated period, or your fiancé doesn’t marry you, your fiancée has to leave US, as extension of this fiancée visa is not a possible option. If this visa expires and the marriage did not take place, your fiancé will have to leave the US and will need a new visa to re-enter.

Both your fiancé(e) and you must be legally free to marry each other. So “legal proof” must be available to show that both of you are eligible to marry, and that if either or both of you were married earlier, that marriage was ended legally. Moreover, both of you must have met in the last two years before filling a petition. However, exemptions are possible, if meeting each other can create problems for both of you or is against your religious traditions and customs.

This petition can only be filed by US citizens. Green Card holders or permanent residents have to marry outside US, and then file Form I-130 to petition their spouse to immigrate to the US.

The Documentation Required

Clear photocopies of the following necessary documents are to be attached with the fiancée visa application. Any document that is not in English has to be translated and the translations have to be attached along with a certificate from the translator certifying his/her qualification to translate. Any original document if required will be requested from you and will be returned at the time of the interview or later.

1. A passport for traveling to US with an expiry date later than 6 months or more
2. Birth Certificate.
3. Death or divorce record of any earlier spouse of you and your fiancé(e).
4. Medical examination report.
5. Police verification document from all the places lived, since the age of 16 years.
6. USCIS Form I-134; Affidavit of Support may be submitted as a proof of financial capability.
7. Proof of relationship with the fiancée/ fiancé.
8. Two Nonimmigrant Visa Applications
9. Two visa photos of the nonimmigrant
10. One Nonimmigrant Fiancée Visa Application, Form DS-156K.

US Citizens Marrying Abroad

A US citizen marrying abroad has to file a petition Form I-130, for immigration of the alien spouse, after the marriage with the United States Citizenship and Immigration Services (USCIS, previously INS) in the United States. At times, this petition may be filed at the U.S. Embassies or Consulates outside US, but prior information must be collected, as not every consulate has this provision.

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• Prepare, complete, and file your application with U.S. Citizenship and Immigration Services (USCIS, formerly the INS)
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Who can file? U.S. citizens who want to bring a foreign fiancé(e) to the United States so that they can be married and live in the U.S. Fiancé(e)s of U.S. citizens who will enter the United States and marry the U.S. citizen within 90 days. About the K-1 Fiancé(e) Visa A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a U.S. citizen to enter the United States. The U.S. Citizen must petition on behalf of their future spouse with the U.S. Government agency handling immigration matters called the USCIS. Once the foreign fiancé(e) receives the Fiancé(e) Visa, they must marry their US citizen petitioner within 90 days of entry into the United States, or leave the US. Once the couple marries, the foreign citizen can adjust status to receive their Green card. Begin your Fiancé(e) Visa Application Advantages of preparing K-1 Visa online Our step by step system takes the frustration, confusion and fear out of filing your application. Save thousands in legal fees* and enjoy 24/7 customer support. We make it easy to understand the filing procedure, complete the necessary application forms, attach and gather the required supporting documents, and file your application with USCIS. Easy to understand: step-by-step instructions on filing your application successfully Learn which USCIS Forms are required to successfully file Definitions of terms such as "fiancé(e)", "Petitioner" "Beneficiary" and other information you need to assess your eligibility. Avoiding mistakes which will get your application rejected or delayed. And much more! Bring your future Spouse to the USA Today! Click here to begin

Overview of the K1 Fiancé(e) Visa Process

1. The U.S. citizen files a Petition for Alien Fiancé(e) (form I-129F) with the U.S. Citizenship and Immigration Services (USCIS, formerly known as the INS) office that serves the area where he or she lives.
2. After USCIS approves the petition, USCIS notifies the U.S. embassy or consulate in the country where the fiancé(e) lives.
3. The fiancé(e) applies for a K-1 visa at the U.S. embassy or consulate in the country where he or she lives.
4. The fiancé(e) enters the United States with K-1 visa status and has 90 days to marry the U.S. citizen.
5. Following marriage, the K-1 visa holder changes status by applying for legal permanent residency (a "green card").

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Use our Form Navigator to complete your Form N-400, US Citizenship Application online. Our easy to use step-by-step system will provide you with everything you need to file your application with U.S. Citizenship and Immigration Services (formerly known as the INS).

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US Citizenship Application – Form N-400

Form N-400 is the application for obtaining US Citizenship (naturalization). The Form N-400 is used by Lawful Permanent Residents (green card holders) over the age of 18 who meet the eligibility requirements to apply for Citizenship.

A completed Form N400 (Citizenship Application) has to be filed along with photos and supporting documents. A green card holder who is above 18 years of age and meets other eligibility requirements can file N400 form. Becoming a U.S. citizen has many advantages including the right to vote and the ability to sponsor relatives to come to the United States.

What are the basic eligibility requirements for Lawful Permanent Residents (“green card” holders) for filing the N400 citizenship application?

The applicant must be age 18 or older at the time of filing N400.

The applicant is a permanent resident (“green card” holder) with valid green card for a period of the past 5 years. If married to U.S. Citizen you may apply after 3 years with valid green card. One exception prevails - if an applicant has served in the United States armed forces during war, that individual may obtain US citizenship without first becoming a permanent resident if they were in the United States upon enlistment into the U.S. military.

Applicants wanting to obtain US Citizenship must have maintained continuous residence in the United States for at least five years immediately preceding the applicant's filing for citizenship with form N-400. Continuous residence is not the same thing as physically being present in the United States. An applicants must maintain status as a legal permanent resident (green card holder), but does not necessarily have to be physically in the United States to accomplish this. For instance, if individual is overseas for a portion of this period, maintaining a U.S. address and paying one’s state and federal taxes may help to provide continuity of residence for this eligibility requirement. If the applicant plans to be abroad for several months, it may be wise to file Form I-470, Application to Preserve Residence for Naturalization Purposes, prior to departing the U.S. in order to preserve their continuous and physical residence status. If the applicant is married to a U.S. citizen, only three years of continuous residence is required before filing N400 based on marriage in obtaining the green card.

NOTE: It is required that physical presence is established within the U.S. for a total of at least one half of the period of required continuous residence. That is, two and a half years for most applicants and one and a half years for spouses of U.S. citizens.

The applicant must have resided at least three months at their primary residence within the state where the N400 is submitted before filing their US citizenship application.

The applicant must be able to read, write and speak ordinary English unless they are physically unable to do so due to a disability such as being blind or deaf, or suffer from a developmental disability or mental impairment. Individuals over 50 years of age on the date of filing who have lived in the U.S. for a total of at least 20 years after admission as a permanent resident and those individuals who are over 55 years of age and have been legal permanent residents for at least 15 years are also exempt from this requirement.

An applicant applying for US citizenship must have a general knowledge of the fundamentals of U.S. history and government.

The applicant must be a person of good moral character and willing to abide by the principles of the U.S. Constitution.

When can a Lawful Permanent Resident or Green Card holder apply for US Citizenship?

A Green Card holder may apply for US citizenship if they are at least 18 years of age and have been a permanent resident of the United States:

For at least 5 years; or

For at least 3 years, if the applicant is married to and continues to reside with a U.S. citizen spouse; or

The applicant is currently serving honorably in the U.S. military, with at least 1 year of service, and they are applying for citizenship while in the military, or within 6 months of discharge.

Certain spouses of U.S. citizens, and those who served in the U.S. military during a past war or are serving currently in combat may be able to file for citizenship sooner than noted above.

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Post-Green Card Applications

Green Card Replacement

There are certain instances wherein a Green Card holder will be needed to file an application requesting a new card even before the expiry of the current card. If the card is lost or stolen, a replacement for the card can be requested.

Note: In case of a Green Card getting stolen, a formal police report of the theft should be made and a copy of the same is required to be submitted along with the replacement application as a proof.

Green Cards can be replaced if there is a mistake on the issued card. If the mistake was a government error, then the applicant need not pay the filing fee. But if the mistake was the result of faulty information that was entered on the application, then the applicant needs to pay the filing fee.

Note: It is very important that a person maintains a copy of any Green Card application that he/she files. In case of any mistake that is made on the card, the copy will help to prove if the mistake was the fault of the government.

Green Card Renewal

A permanent resident will have to get his/her green card renewed periodically to maintain its validity. Though the permanent resident status does not expire, the card expires every 10 years. Since a valid and current card is required for a lot of reasons, its imperative that the card be kept valid at all times.

Other Post-Green Card Applications

Besides applying for the replacement and renewal of Green Card, there are several other Green Card related applications that a Lawful Permanent Resident may be needed to file with the United States Citizenship and Immigration Services (USCIS).

Re-entry Permit

Green Card holders enjoy the privilege of residing and working in the U.S. without any restrictions. They are also privileged to travel freely in and out of the U.S. whenever they wish. One thing to be noted here is that the Green Card holders are desired to reside in the country on a permanent basis. Permanent Residence of any person implies more than just calling the United States their home. The USCIS will take into account details like whether a person owns any real estate in the country, is maintaining bank accounts in the country, is on an employment contract in the U.S., is maintaining a family in the U.S., and/or is actively participating in local community organizations, to determine whether a person is maintaining permanent residency in the U.S. Greater “ties” with the U.S. will increase the person’s permanent residency status in the USCIS’ point of view.

In spite of a Lawful Permanent Resident leaving the U.S. for legitimate reasons, their staying away from the US for extended periods of time will lead to an assumption that the person is not maintaining permanent resident status. In such kind of circumstances, it is essential that the Lawful Permanent Resident shows the long term need to travel outside of the U.S. Obtaining a re-entry permit is the proactive way that lets the USCIS confirm that a person is intending to maintain permanent residence in the U.S.

Note: By getting a re-entry permit, especially when one has the need to travel outside of the U.S. for more than 6 months is a safe and effective way, by which a Lawful Permanent Resident can express his /her intention of permanently residing in the U.S.

Citizenship

Becoming a U.S. citizen bestows a person with a great number of privileges apart from living and working in the U.S. Being a U.S. citizen has several distinct advantages over that of being a permanent resident. The right to exercise one’s vote, right to be come an elected official, ability to extend sponsorship for U.S. Green Cards to specific family members with no waiting period, and finally the ability to travel freely travel in and out of the country with a U.S. passport are some notable benefits. Regardless of the time period of their stay outside the U.S., U.S. citizens need not apply for a re-entry permit. The status of being a U.S. citizen also eliminates the need for renewal of the Green Card. As soon as an applicant has fulfilled the requirements for citizenship (residence and physical presence), he/she can file the citizenship application.

Form I864 – Eligibility Criteria of Sponsors and Applicants

The employment-based immigrants and family-based immigrants use the Form I864 to establish the fact that the applicants have sufficient financial support. This is necessary as it would mean that the immigrants would be capable of supporting themselves financially through employment, family members or assets and would not require the assistance of the Government.

The Form I864 acts as a contract between the sponsor and U.S. government. Once the form is completed and signed by the petitioner, he or she becomes the sponsor. Then, the sponsors need to show that they have adequate assets or income to sustain the intending immigrant(s) and the rest of the household at 125% over the Federal Poverty Guidelines. Signing the Form I864 implies that if required, the sponsor agrees to use his resources in order to support the intending immigrant.

Eligibility Criteria to File Form I864

Eligible immigrants can file Form I864 through a petitioner if:

• The intended immigrant is an immediate relative of a U.S. citizen – spouse and/or children below the age of 21 and unmarried and parents of U.S. citizens who are older than 21 years.
• Relatives of U.S. citizens and permanent residents in the preference categories -  brother, sister and children (married or otherwise) above the age of 21 of U.S. citizens and spouse and children of permanent residents where children are unmarried and below the age of 21.
• The employment-based preference immigrants are considered to be eligible only when the petition is filed by a U.S. citizen or permanent resident family member.

Eligibility Criteria for the Sponsor

Here are the eligibility criteria for the sponsor:

• The sponsor needs to be a U.S. citizen or Permanent Resident and should be at least 18 years of age.
• He or she should have already filed a Form I-130 for a family member or Form I-600 or I-600A for an orphan or a Form I-129F for a fiancé or fiancée.
• When filing for an employment-based immigrant petition for son, daughter, spouse, parent, sister or brother; either the sponsor must be related or should have ownership interest of 5% or more in the business in which he/she has filed the petition for the employment-based immigrant visa.
• The sponsor should have established himself/herself and should be physically residing either in the U.S. or in its territories or possessions.
• The sponsor must be capable of supporting the intending immigrant till he or she becomes a U.S. citizen or is credited with 40 qualifying quarters of work which in USA is equal to 10 years of work.
• The sponsor must show that his/her income is 125% of the Federal Poverty Guidelines. In case the sponsor is sponsoring minor child or spouse and is an active member in the United States Armed Forces, then an income of 100% of the Federal Poverty Guidelines is what he/she needs to show.
• Within one year from the date of signature, the Form I864 needs to be submitted with the supporting documents in order to make the form valid.
• Those sponsors who cannot meet the 125% guideline income requirement may seek a Joint Sponsor. Joint Sponsors are those people who are able to meet the requirements to sponsor one or more of the sponsor’s relatives. They need to be U.S. citizens, U.S. nationals or permanent residents above the age of 18.

How Long Does USCIS Take to Process a Visa Application?

Immigration to US involves a long procedure and it is handled by the governmental agency called US Citizenship and Immigration Services or USCIS.

USCIS Forms and Processing Times

In order to get the visa or green card, an applicant has to submit an application at the American Consulate abroad or at an USCIS office within the US. You can get these forms from USCIS and other government websites or through private agencies that help applicants with the forms – completing and filing the forms for a fee. At times, the help of an attorney may be required to fill forms that are complicated.

Forms filed within the US have to be sent to the locations specified in the filing instructions. It is usually the USCIS Service Center having jurisdiction over your place of residence. Once you send your complete application package to USCIS, you will receive a 13-character Application Receipt as proof of your application being accepted, within 30 days of filing the application. The receipt number usually begins with WAC, LIN, EAC, or SRC. This number is important because it proves that USCIS has received your form and it is under processing. Moreover, this number is of immense help to you for checking your visa status.

Checking Your Case Status

To check your status, you can go to “Case Status Online” on the official website of USCIS and enter your application receipt number in the website. “Processing Times” tab on the “Case Status Online” page of the website is for general information about processing times and also for those who are yet to receive a number and want to get an idea about how much time is taken by USCIS to process applications. The time taken for processing applications varies from person to person, because it completely depends on the category under which you have applied and the Service Center of USCIS, where you have filed your application.

In case you do not get any notification from USCIS even after 30 days of submission, you can call them at their toll-free number between 8:00 a.m. and 6:00 p.m. – local time. The customer care executives will assist you with your queries and guide you.

An applicant or a representative, like a lawyer or agency, etc., can also create an account at the USCIS website. This account enables you to receive automatic updates regarding your case status. The service to both types of accounts are similar, with the only difference being the aspirant’s representatives can use internal tracking numbers for their office use, as they have to check the status of many applicants at the same time.

Recently the facility of text message alerts on US mobile phones has been added. You will receive alerts when your case gets updated for processing. This facility is being extended to applicants as well as their representatives. However, the standard rates for messaging or other charges may apply for this service.

The aspirants as well as their representatives can receive the status updates of the case via e-mail as well. From so many given options, it is quite obvious that checking of the application status is important, more so because every candidate’s application is not processed within the same time frame.

General Information About Immigration Forms

Using Immigration Forms

Immigration forms or USCIS forms can be downloaded and are in PDF format. In order to view, print, or fill out these forms, you should use the latest version of Adobe Reader which can be downloaded for free.

To ensure that you complete and submit your application correctly, make sure you carefully read any notices, warnings, or explanations on the Forms Entry Page (FEP) before you print (or download) the form itself, fill it out and send it to USCIS. Also make sure to verify the filing location of the forms for the specific benefit you are seeking.

All the immigration (prefixed with “I”) or naturalization (prefixed with “N”) forms come with detailed instructions about where to file and those instructions will differ with specific circumstances. If you do not file the forms with the appropriate office or with the correct fee, it might result in an application or petition being returned to you and will also result in further delay in processing. It is important to remember NOT to mail your application or petition to the “HQPDI” address on any form, (that address is for submitting comments on the form itself.)

Fees and Fee Waiver Information

A submission fee is required for most immigration forms. This fee has to be mailed along with the completed application. Do not forget to include your payment of all required fees, including any fingerprint fees, when you submit your application. Checks should be payable to “Department of Homeland Security”. You need not submit a completed fingerprint card (FD-258) with your application. USCIS will later notify you of the time and place where your fingerprints will be taken.

Based on an inability to pay, individuals may apply for and be granted a fee waiver while filing certain immigration forms. In such cases, you have to file Form I-912, Request for Fee Waiver, for requesting a fee waiver. The instructions page that comes with Form I-912 has information on the methodology that USCIS uses to make a decision on a fee waiver request, whether the request is submitted on Form I-912 or through a written statement by the applicant requesting a fee waiver.

To start with, the USCIS will determine whether the applicant is receiving a means-tested benefit, or whether the applicant’s household income level and/or recent financial hardship makes him/her eligible for the fee waiver.

Photographic Requirements

Most immigration forms require photographs to be submitted with the form. The specifications for photographs are given in the form instructions.

“Fillable” Immigration Forms

Forms are provided in a format that allows you to fill them out on your computer, print them out, sign and mail it to the appropriate USCIS office in order to file for a benefit.

Downloading and Printing Immigration Forms

Some of the forms are rather large files. To use them easily, you can download them directly to your local computer, instead of filling them out through your web browser. As mentioned earlier, you should use the latest version of Adobe Reader, which can be downloaded free.