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*Updated March 2005* |
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What is a K1 fiancée visa exactly? Introduced during Clinton's office, a K1 allows a US citizen's fiancée entry to the US to marry The only ENTRY visa available for the purpose of marriage is a K1 fiancée visa There is NO OTHER AMERICAN VISA available for marrying legally within the U.S. What are the requirements? The petitioner must be a U.S. citizen. How long does the visa last? The visa is valid for Six months upon receipt but the marriage must take place within 90 days of arrival into the US What are the forms, fees and where are they sent? The petition (form I-129F) is filed with the INS service center with jurisdiction over the petitioner's place of residence Click this link to download form I-129F (Current INS fee is $110 for filing this application) What happens after filing the I-129F and how long does it take? INS will send an initial Notice of Action informing you that your petition has been received and inform you that within 30-75 days you will receive a second Notice of Action stating you are approved and that your file has been forwarded to the US Embassy in the fiancée's home country (ours took 13 days). The fiancée will then receive forms DS 230 part 1, DS-156, DS-156K and IV-15 to fill and return. Finally an interview date will be sent for the US Embassy. This will take up to 6 months (ours took 62 days) Can my fiancée visit whilst the petition is pending? NO, entry to the US is prohibited, even under a regular tourist visa. Any attempt to enter the US will void the pending application and fees will be lost. It may also jeopardize future attempts to enter the US. What do we do once we are married? It is strongly recommended that you file for Permanent Residence/Adjustment Of Status as soon as possible after the marriage. A delay in this process may result in deportation. Click this link to download forms I-485 (Current INS fee is $255 for filing this application) You will also need to attach a fee of $50 for Fingerprinting costs making a total of $305 When can my Fiancée/Spouse work? Whilst you are waiting for your permanent residency (up to a year) you can apply for a temporary Employment Authorization Card. You may file for this at the same time as I-485. You may not work without this authorization and may face deportation Click this link to download form I-765 (Current INS fee is $120 for filing this application) Once you have the Employment card you will need to apply for a Social Security Card. Click this link to download form SS5 (Free to apply but advise taking in person to your local office) Once here can my Fiancée/Spouse travel freely? No, you may not leave the US, even for honeymoon, or your application and paid fees will be forfeited. You will also need to restart the entire immigration process from the Fiancée's home country without the shortcut of the K1 option. However, you may apply for Advanced parole, once you are married, which allows multiple entries back into the US and is valid for one year. It may be filed at the same time as I-485. Click this link to download form I-131 (Current INS fee is $110 for filing this application) Should I seek professional assistance for filing forms? Various services are available for a fee but we completed the whole process relatively easy without aid.
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