Can I Apply For a Fiance Visa While in the US?
If you’re thinking about marrying a foreign national, it may be necessary to apply for a fiance visa. However, the application process can be complicated and take time.
Among other things, you’ll need to prove your income stability. This means that you’ll need to release your tax returns to show you don’t rely on public assistance (welfare payments, for example) while in the US.
What are the requirements?
The fiance visa, also known as a K-1 visa, is issued to foreign nationals who are engaged to be married to a US citizen. It is a nonimmigrant visa that allows the foreign national to enter the United States and marry their US citizen fiancé within 90 days of entry.
The requirements for a fiance visa are fairly simple. You and your fiancee must have met each other at least once before you filed for the K-1 visa, and you and your fiancee must intend to marry each other within 90 days of each other’s admission to the United States on the K-1 visa.
In addition to meeting these requirements, your fiance must also meet certain health and financial standards. For example, he or she must have a health examination by a licensed physician. You both must submit evidence of your relationship, including letters from each other’s parents stating that you are both free and clear to marry.
Another requirement is that your fiance must have stable earnings before applying for the K-1 visa. This means that he or she must be earning enough income to support themselves and your family in the United States, even after deducting expenses related to their relationship with you.
Some exceptions to this rule are income from a military job, a Department of Defense contractor, and income from temporary work overseas. However, any income that does not count as a stable income can disqualify you from sponsoring your fiancee.
Alternatively, you may apply for a marriage visa to bring your fiancee to the United States as your lawful permanent resident (green card). This type of visa is a little more complicated than the fiance visa and requires a lot more work on your part.
The process of applying for a marriage visa is much longer than the fiance visa, as it must be based on a valid, existing marriage. This is because the government does not want to grant immigration benefits for a fraudulent marriage.
In addition, you must be married to your US citizen fiance for at least two years before he or she can apply for permanent residency in the United States. After that, your fiance can file to adjust his or her status to that of a green card holder.
How long will it take?
The time to get a fiance visa will vary based on the requirements of each individual case. The best way to determine the timeline for your particular situation is to work with a qualified attorney.
The first step in the fiance visa process is to file your petition with USCIS. This step can take anywhere from 4 to 6 weeks depending on your situation. Then, your case will be forwarded to the National Visa Center (NVC), which coordinates with the U.S. Embassy or consulate (usually in the foreign national’s country).
Once your case has been transferred to NVC, the NVC will then contact you for further processing and filing requirements like submitting the DS-160, paying the required fees and preparing and presenting all of the necessary documents. This will usually take another 2 – 3 months.
After the NVC completes its processing, it will send your case to the embassy or consulate in your fiance’s home country for a visa interview. Once this is done, your fiance will be issued a K-1 visa and can travel to the United States with you in order to be married within 90 days of their arrival.
If your fiance’s application is approved, they will receive a package of documents from the US Embassy or consulate that includes a self-adhesive decal and airline tickets to allow them to enter the United States in the K-1 visa status. Once the visa has been received, they must travel to a port of entry in the United States with this information and present it at the border.
This will give you and your fiance(e) permission to live and work together in the United States. After you have been married for a period of time, the fiance(e) will then need to file for an adjustment of status in order to become a legal permanent resident of the United States.
Once your fiance(e) becomes a legal permanent resident, they will need to submit another form called an Affidavit of Support (I-864) in order to be allowed to remain in the United States. This form will confirm that you will be able to provide your spouse with financial support after they obtain their green card.
Can I apply for a fiance visa while in the U.S.?
Generally speaking, it is not possible to apply for a fiance visa while in the U.S. This is due to the fact that there are strict regulations in place for fiances coming to the U.S. and it would be considered fraudulent immigration to do so, resulting in penalties of up to five years imprisonment.
Fortunately, there are other options available for foreign nationals who want to marry a US citizen. One of these options is to obtain a K-1 visa for the fiance.
A K-1 visa allows your fiance to travel to the United States and marry you within 90 days of arrival. After your marriage, your fiance can then begin the process of adjusting their status to a permanent resident.
Before you can start the process of obtaining a fiance visa, you must first submit an application with USCIS (US Citizenship and Immigration Services). This is called a Petition for Alien Fiance or I-129F.
You must also provide proof that you have met in person with your fiance at least once within the past two years. This can be in the form of pictures or other documents such as airline boarding passes, hotel receipts and other items.
Another option for acquiring a fiance visa is to attend an interview at your local US Embassy or Consulate. This is usually the case if your fiance’s country of origin is located abroad.
Once you have completed your fiance visa interview, your fiance can begin the process of applying for a K-1 visa. This will allow them to visit the United States and get married with you, then you can work together until you are able to apply for your own green card.
Typically, this takes about six months to process, but it can take longer depending on how many issues are involved in your case. You can expect to receive a package from the embassy that contains all of the necessary documents for your fiance to complete their visa.
After you have received your K-1 visa, it is time to begin the process of adjusting your fiance’s status. This is a long and complicated process, but with some careful planning, you can make it all work out successfully.
Can I apply for a K-1 visa while in the U.S.?
There is a special visa program for foreign nationals who want to marry a United States citizen. It is called the K-1 fiance visa, and it allows the foreign national to enter the country for 90 days so that they can have their marriage ceremony in the U.S.
There are several steps to this process, including filing a petition with USCIS, submitting the DS-160 nonimmigrant visa application online and undergoing a medical exam. This entire process typically takes around a year and costs approximately $2,500.
The petition is filed by the US citizen sponsor and is accompanied by supporting evidence showing that the couple has a genuine relationship. This may include photos, letters, or travel itineraries. It should be noted that there is a requirement that the two have met at least once in person within the last two years.
Once the petition has been approved, it is sent to the Bureau of Consular Affairs for processing. It will then be routed to the embassy of the fiance’s country via DHL.
After this is done, the fiance will receive a package from the embassy that includes instructions on how to schedule their interview and medical exam. The fiance does not have to attend this interview, but it is usually recommended that they do so if possible.
During the medical exam, the alien must answer questions about their health and any vaccinations they have received. This will be conducted by a licensed physician and the results will be sent to the embassy for review.
The fiance will then need to wait for a few weeks until the actual visa is available. After this, the alien can travel to the U.S.
Once the visa has been issued, the fiance will need to apply for a green card. This can take a few months, so it is best to make plans to leave the country before their visa expires.
It is also important to note that a K-1 visa cannot be used for a second marriage. If the foreign fiance marries someone other than the petitioner, the visa will be revoked and they will need to start the process all over again.