Law

What is K-1 Visa?

A K-1 visa is also called a fiancé visa that allows an engaged partner of a United States citizen to enter the United States as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for a green card based on marriage. The correct ideology is a fiancée for a woman who is engaged to be married or a fiancé for a man. In this article, we will use a fiancé to represent either a male or female engaged partner.

In some cases, it might make sense to skip the fiancé visa process altogether and go straight to getting married and applying for a spousal visa. It is a decision that depends on where you are staying, how long you wish to wait to be together, and various other circumstances. For more details, reach out to immigration law firms houston tx

Who Is Eligible For K-1 Visa

The K-1 visa allows a U.S. citizen to sponsor their fiancé to come to the United States. Both partners must have the intention of getting married within 90 days after the sponsored fiancé arrives in the United States from abroad. 

Specific requirements include:

The sponsoring partner must be a U.S. citizen. A U.S. green card holders (permanent residents) are not eligible to sponsor a fiancé for a K1 visa.

Both partners must be eligible to marry, which means that both must be currently unmarried. Any previous divorce decrees, annulments, or death certificates, must be provided to show that any previous marriages are null & void.

K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.

The legitimacy of the relationship must be proved, with evidence such as photographs, flight itineraries, or hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, letters, or emails between the partners, etc.

The couple must be able to prove that they have met in person at least one time within the two years before filing the visa form (except for cases of extreme hardship or where in-person meetings would violate cultural, religious, or social norms). Evidence may include flight itineraries, hotel itineraries, dated photos, etc.

Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fiancé’s arrival in the United States. Once the wedding is set, it is essential to submit evidence such as wedding invitations, receipts of deposits on a venue, etc.

The U.S. citizen fiancé must meet some income requirements. Specifically, the adjusted gross income on their most recent tax return must be equal to or at least 100% of the Federal Poverty Guidelines. If they can not meet this requirement alone, a joint financial sponsor must file a supplemental affidavit of support. 

Not sure if you qualified for a K-1 visa, read investor immigration to usa for more detail

K-1 Visa Cost

The total cost for a K-1 visa is roughly $1000. And here is a breakdown of K-1 visa costs:

The government’s required fee for Form I-129F is $535. An applicant with pay with a money order, cashier’s check, or personal check. If you are filing at the USCIS lockbox facility, you can pay by credit card using Form G-1450 Authorization for Credit Card Transactions. If paying by check, make the check payable to the U.S. Department of Homeland Security. Once Form I-129F is approved, the engaged partner of the U.S. citizen is required to do a medical exam. The cost for the exam varies by provider, but $200 is typical.

Next, the fee for the K-1 visa application is $265. It is paid at the interview, but it’s essential to review specific instructions regarding time and place of payment, included in the embassy’s interview notice, which can vary by home country. Also, it is crucial to retain an immigration lawyer, so you do not get overwhelmed by that complicated process. abogado experto en inmigración  is the best immigration attorney in Houston. These fees do not reflect additional costs, such as translating and photocopying your documents and obtaining required documents such as your birth certificate.