K1 Visa

What is the K1 visa?

The K1 visa allows a foreign fiancé of a U.S. citizen to enter the U.S. to get married within 90 days. After the marriage, the fiancé can apply for permanent residency. The U.S. citizen needs to file a petition to start the process

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An Indian person who is engaged to an American citizen may enter the country to marry him or her with a K1 visa, a sort of nonimmigrant visa. The marriage must occur no later than ninety days from the date of arrival.

An American citizen may apply for a K1 Visa on behalf of their or her Indian citizen fiancé(e). The Indian fiancé(e) may apply to USCIS (U.S. Citizenship and Immigration Services) of the Department of Homeland Security for permanent residence status after marriage. The American citizen's fiancé(e) will acquire a K2 visa if they have children who are allowed to come to the US.

Application Process

  1. Initially, the sponsor who is a US citizen must submit the petition using Form I-129F, Petition for Alien Fiancé(e), on the USCIS website. The petition is forwarded to the National Visa Centre (NVC) upon approval. The petition will be sent to the U.S. Embassy or Consulate of the sponsor's fiancé(e)'s residence after the NVC assigns the sponsor a case number. 
  2. After the NVC transmits the case to the U.S. Embassy or Consulate, the sponsor will get a letter. The sponsor must next advise his or her fiancé(e) in India to apply for a K1 visa by following the instructions listed below. 
k1 visa

Steps to be Followed by the Indian Fiancé(E)

The Indian fiancé(e) will be asked to appear for a visa interview, where he/she is supposed to display the following documents:

  1. Form DS-160, Online Nonimmigrant Visa Application. He/she has to fill this form, print it and bring a copy to the interview. 
  2. Valid Passport. 
  3. Death or Divorce Certificates (if available). These have to be displayed if the Indian fiancé(e) or the American sponsor had any previous spouses. 
  4. Police Clearance from the local passport authority. Police certificates must also be produced for him/her and any children who are 16 years of age or older and will be travelling with them to the United States. 
  5. It is also required that the police certificate from any other nation where the individual has resided for longer than six months after turning sixteen be shown (if applicable). 
  6. Medical examination. 
  7. Proof of financial support has to be shown through Form I-134, Affidavit of Support. 
  8. 2 photographs of size 2x2. 
  9. Proof of relationship with the American fiancé(e). 
  10. Visa Fees. 

Apart from the above, the consular officer may ask for other documents or additional information. Documents in foreign languages have to be translated.

The Indian fiancé(e) must finish the necessary medical exams prior to the interview. A doctor who has been approved by the Consulate or Embassy must conduct this examination. During their medical examination, candidates who are foreign citizens are encouraged to obtain the immunisations mandated by US immigration law. Although not necessary for filing for a K1 Visa, these immunisations will be beneficial for the candidate when they submit an application for permanent residence status following the wedding. 

If the application is accepted, the consular official will return the passport, K1 Visa, and a sealed packet containing the applicant's submitted documents. The applicant should not examine this packet; only the DHS immigration official, upon arrival in the country, may do so. 

Fees

Fees is charged for the following when people apply for a K1 Visa:

  1. Form I-129F.
  2. Processing fee for non-immigrant visa application, Form DS-160.
  3. Medical Examination.
  4. Other things such as for photocopying, translation, availing documents required for application, travel expenses to US Embassy or Consulate.
  5. For Filing Form I-1485, Application to Register Permanent Residence or to Adjust Status. This form has to be filled and submitted by the American citizen sponsor.   
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