The marriage must be legally possible according to laws of the U. You, the U. Note: Form IF cannot be filed at a U. The NVC will give you a case number and send your petition to the U. Embassy or Consulate.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee. Note: The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.
Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates.
Original documents and translations will be returned. There may be additional instructions for collecting documentation needed for your K visa interview. Review U. In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.
Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.
See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information. During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States.
You may present evidence that you are able to financially support yourself or that your U. The percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I is needed. Applicants presenting Form I will need to show that their U. You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you.
The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U. A consular officer can extend the validity of the petition if it expires before visa processing is completed. Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.
Once your case has been received from NVC by the U. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information.
It is important to give us correct postal addresses and telephone numbers. I Petition for Alien Relative. I Application for Travel Document. I Adjustment of Status Application. I Remove Conditions on Residence. I Application for Employment Authorization. I Affidavit of Support. N Application for Naturalization. N Application to Replace Citizenship Document.
Apply For Citizenship N Replace Citizenship Document N Apply for Certificate of Citizenship N Citizenship Resource Center. Citizenship Cost Calculator. Green Card. Renew a Green Card I Replace a Green Card I Remove Conditions on Green Card I Get a Reentry Permit I Green Card Center. Adjustment of Status. Green Card through Adjustment of Status. Adjustment of Status Application I Affidavit of Support I Employment Authorization I Advance Parole Application I Adjustment of Status Fee. If children are joining on a K-2 visa, they must also attend the interview.
Embassy will explain how to schedule the interview. However, the sponsor is allowed and encouraged to attend in some countries while other countries will not allow the U. A consular officer will ask a series of questions to determine if the relationship is genuine. However, there will usually be a wait of up to one week. The visa will be delivered via courier. At this point, airline tickets can be purchased for travel to the United States.
He or she will be given a package of documents by the U. The sponsor does not need to travel with the beneficiary when they travel to the United States. The 90 day clock starts on the date you enter the United States, which is normally stamped in your passport. The K1 visa beneficiary can only marry the person who submitted the petition.
Eventually the alien must file an adjustment of status petition to receive the green card. There is no deadline for filing the AOS, and it does not need to be filed within 90 days of arrival. However, the alien will not be able to work or re-enter the United States before it is filed. All that is necessary to include them during the K1 visa petition process is to include their names on the IF. The current average processing time for the I is 3 months.
HIV is no longer a ground of inadmissibility. This rule was changed on January 4, If you have filed two or more K1 visa petitions in the past, you must apply for a waiver. You will also need a waiver if you have had one K1 approved within the past two years. To request a waiver, you simply write a letter stating all available facts about your previous filings. Coming to the U. This situation should be avoided. The penalties for immigration fraud are steep and can even result in up to 5 years in prison.
If this is your situation, you should talk to an immigration attorney before you leave the United States. NOTE: If you are a RapidVisa customer, a more detailed, customized checklist will be generated based on your information. You must not have any disqualifying conditions such as criminal records or communicable diseases. However, these exceptions are very hard to get and most requests for an exception to these rules are denied. However, the law doesn't absolutely require them.
You can also get affidavits from individuals who will attest to your visit. Just note that it may seem suspicious to a consulate that you traveled to a foreign country to meet the love of your life and forgot to bring a camera. You will need to over-compensate with your other evidence. You must be a U. In your petition, you must show that:.
Using our streamlined process, you could easily complete the entire application in about an hour. With RapidVisa, you can answer the questions you know and then save your work and come back later when you have the missing information.
Entering the United States on a tourist visa with the intent of staying is visa fraud. This can and often does lead to deportation and a bar from reentering the United States. In this case, a Philippine woman married an American and tried to enter the Untied States on a tourist visa.
Not only was she unsuccessful in staying in the U. She appealed and her appeal was denied. She is now barred from entering the United States. But she will have to leave before her tourist visa expires and apply for a spousal visa from outside the United States.
It is the intent to stay that is illegal, not the marriage. A person who enters the U. However, you must convince the government that this was not your intent all along. We will answer any questions you have about the interview and give you some general tips. However, you should be very wary about any service that offers to coach you on the interview process. According to the U. Department of State , "The end result is that every client from a particular consultant sounds exactly like one another.
This diminishes credibility among those who memorize the 'correct' answers and cannot hold free-flowing conversations with the visa officers. Yes, but she will first need to obtain an Employment Authorization Document.
You apply for this document which is actually a card, Form I using form I after you are married. It typically takes about 2 months to get the EAD and she will not be able to work during that period. She will not be able to work before you are married because you can't get the EAD until you are married. It does not matter where you get married, but you must not get married before you come to the United States on your K-1 visa.
Once you are in the U. You do not have to get married in the state where the U. She can travel immediately upon receiving her K-1 Visa, even on the same day. The K-1 Visa is valid for 6 months, so she needs to travel to the United States before the end of 6 months.
The K-3 visa is valid for two years. If you have new information or your situation has changed you can reapply using the same process you used the first time. Probably not but it depends on your situation. Obtaining a U.
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