The K1 Fiancé Visa Processing Timeline - Ashoori Law Updates - PowerPoint PPT Presentation
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The K1 Fiancé Visa Processing Timeline - Ashoori Law Updates
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File form I-129F, Petition for Alien Fiancé(e). You will need to include supporting evidence related to the requirements outlined above. Once filed, you can expect that it will take USCIS 6-8 months to approve it. – PowerPoint PPT presentation
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Title: The K1 Fiancé Visa Processing Timeline - Ashoori Law Updates
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- Secure Your Future
- in the U.S.
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K1 Visa Timeline in 2021
- Everything You Need to Know
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One of the most common questions from U.S.
citizens who petition to bring their foreign
fiancé(e) to the U.S. is How long is this
process going to take? They understandably want
to be reunited with their fiancé(e) as soon as
possible. In this guide, Im going to discuss
the typical timeline in the K1 Visa process,
common issues on K1 timing, and how to overcome
these issues.
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Overview
- What is the Processing Time for the K1 Visa?
- Overview of the K1 Visa
- Process of Applying for a K1 Visa
- Issues with K1 Visa Processing Time and Possible
Solutions - Conclusion
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What is the Processing Time for the K1 Visa?
- Quick Answer
- It takes USCIS approximately 6-8 months to
process form I-129F. From there your application
will move to the National Visa Center (NVC) for a
background check. This takes about 2-4 weeks. The
application then moves to a U.S. consulate. You
can expect it will take about 3-5 months for your
fiancé(e) to have their visa interview. If all
goes well, they should receive their visa about a
week later. Overall, the process from when you
file form I-129F to when your fiancé(e) gets
their visa takes about 10-15 months. Your
fiancé(e) can then join you in the U.S. and will
have four months to do so. Once they enter the
U.S., you will have 90 days to get married. Once
married, your new spouse can apply for a Green
Card. Applying from inside the U.S. is called
Adjustment of Status. This process typically
takes 1-2 years.
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Overview of the K1 Visa
- The K1 Visa allows the foreign fiancé(e) of a
U.S. citizen to enter the U.S. with the intention
of getting married. Once married, your new spouse
can apply for a Green Card through the Adjustment
of Status process. This will allow them to
receive their Green Card from within the United
States. To be eligible for a K1 visa, you and
your fiancé(e) must meet certain criteria
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- You must be a U.S. citizen. The K1 visa is not
available for fiancé(e)s of Permanent Residents. - You must plan to marry within 90 days of your
fiancé(e)s arrival to the U.S. - You must both be legally free to marry. You must
document that any previous marriage ended through
death, divorce or annulment. - You must have seen each other in person at least
once in the past two years. You can request a
waiver in cases where you can prove that this
would be a severe hardship or would violate
long-standing cultural practices. However,
getting such a waiver is difficult. - You must be in a bona fide relationship. You must
prove that you are in a real relationship and not
just one for immigration purposes. - You must show that you can financially support
your fiancé(e). - You must not have been convicted of certain
violent criminal acts. You can request a waiver
in some circumstances. - Your fiancé(e) must be admissible to the United
Sates. Having a serious criminal history,
previous immigration violations, certain diseases
and other factors can make them inadmissible.
Waivers can be obtained in some circumstances.
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Process of Applying for a K1 Visa
- File form I-129F, Petition for Alien Fiancé(e).
You will need to include supporting evidence
related to the requirements outlined above. Once
filed, you can expect that it will take USCIS 6-8
months to approve it. - Your case is moved to the National Visa Center
(NVC) for processing. The NVC will conduct a
background check on your fiancé(e). They then
forward the application to the U.S. consulate
closest to where they live. This typically takes
about 2-4 weeks. - The visa appointment is scheduled and your
fiancé(e) attends their appointment. Your
fiancé(e) must complete form DS-160 before
scheduling their consular appointment. They will
also need to have a medical exam and get police
clearances. They need to bring those documents,
other personal documents and proof of your
relationship to the visa interview. Generally,
you can expect this process to take anywhere from
3-5 months.
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- Your fiancé(e) receives their visa. This usually
takes about 1 week. Some visa applications are
sent for additional administrative processing.
This can add several weeks or months to the
timeline. - Your fiancé(e) travels to the U.S. You have been
waiting a long time for this! Once the visa is
issued, your fiancé(e) will have four months to
travel to the United Sates. They can travel at
any point once they received their visa. The
Department of State has been granting extensions
due to travel limitations caused by the COVID-19
pandemic. - Get married. You have 90 days to marry once your
fiancé(e) arrives in the U.S. This timeline
cannot be extended. - Your new spouse applies for Adjustment of Status.
Your spouse can apply for a Green Card by filing
form I-485, Application to Register Permanent
Residence or Adjust Status. The processing time
can vary considerably depending on where you
live. You can generally expect it to fall in the
1-2 year range.
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Issues with K1 Visa Processing Time and Possible
Solutions
- There are several factors that can have an impact
on your K1 visa timeline. Some of these factors
may be out of your control. There are some steps
you can take to minimize potential delays. - Preparation Having a well-prepared case can
help shorten the processing time. Make sure that
you carefully follow all instructions and provide
ample evidence. If you dont, USCIS may issue a
Request for Evidence or the consulate may send
your application for administrative processing.
This adds to the total processing time.
Anticipate any potential issues in either of your
backgrounds. Possible issues include having a
criminal record or immigration violations. Be
sure to address any such issues. You must also
convince both USCIS and the consulate that your
relationship is real. Relationships were the
couple have major differences often get
scrutinized more. Examples include big
differences in age, educational level and
culture. Preparing a strong petition that can
withstand scrutiny will help.
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- USCIS Workload Unfortunately, USCIS has
difficulty processing their caseload in a timely
manner. Some USCIS service centers and offices
are faster or slower than others. Where you live
determines which one processes your case. Having
a well-prepared case and being well-organized can
help you avoid delays such as Requests for
Evidence. - Country of Origin The country where your
fiancé(e) is from can have an impact on the visa
processing timeline. Some consulates have longer
wait times for scheduling visa appointments and
visa processing. Some countries have multiple
consulates, some of which with faster timelines
than others. Your fiancé(e) may want to check
visa timelines for more than one consulate before
determining where to interview. Additionally,
some consulates have a reputation for tougher
processing than others. This is especially true
for consulates in countries that are perceived to
have high rates of visa fraud. While this is a
factor outside of your control, having a
well-prepared case can make the process go much
more smoothly. - Catastrophic Events War, civil unrest, natural
disasters, global pandemics and other such events
and slow down or even stop visa processing. The
events of the past year illustrate how these
events can upend lives. You might be left without
many options in such situations. Staying well
informed puts you in a position to take
advantages of whatever options there may be.
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Conclusion
- A K1 visa allows a U.S. citizen to sponsor their
foreign fiancé(e) so they can travel to the
United States. You must then marry within 90 days
of their arrival. Once married, your new spouse
can apply for a Green Card through the Adjustment
of Status process. It can take about 10-15 months
from the point of filing form I-129F until your
fiancé(e) receives their visa. - While some factors that can affect the timeline
may be outside of your control, a well-prepared
case that follows USCIS instructions and
anticipates potential issues can help you avoid
delays.
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If you have questions regarding anything
discussed in this guide, or if you need help with
your K1 visa, feel free to email me directly at
Michael_at_AshooriLaw.com. Im very responsive via
email and I would be happy to help you with your
fiancé(e) visa.
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Click here to learn more about the k1 Visa 2021
https//www.ashoorilaw.com/blog/k1-visa-timeline-i
n-2021-everything-you-need-to-know/
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