Every embassy has a specific process for providing these documents, so be sure to follow the instructions that they provide in their notice. Your visa interview will take place at the U. The interview is usually pretty straightforward and painless. You will usually pay this fee at the visa interview.
But every embassy or consulate has its own requirements. Be sure to follow the instructions in the notice you receive from the embassy or consulate that is handling your case. The consular officer who conducts your visa interview will usually make a decision on the same day as the interview.
If they need additional information or evidence, they will ask you to submit it to the U. Once your K-1 visa application has been approved, you will receive a sealed visa packet. Do not open this packet! Customs and Border Protection agent who inspects you at the border will ask you for it. And they may not allow you to enter the United States if the packet is already open. You must enter the United States within four months of the date that your K-1 visa is approved.
Then, within 90 days of entering the United States, you must get married to your U. If you don't, you will lose your K-1 status. If you decide not to get married, you must return to your home country as soon as possible.
You also can't use your K-1 visa to marry anyone other than the U. After you get married, the foreign spouse can apply for a marriage green card by filing Form I , Application to Register Permanent Residence or Adjust Status, and the required supporting forms and documents. But it will be much harder to prove that your relationship is legitimate if you are not engaged before you apply. It will take USCIS months to process this application, and the work permit will only be valid for the first 90 days after you enter the United States.
The best way to get a longer-term work permit is to apply for a Marriage Green Card. To do that, you can file Form I together with Form I You can bring your children to the United States with you as long as those children are under the age of 21 and unmarried. If you include these children on Form IF , and they are eligible, they will receive K-2 visas when you receive your K-1 visa.
Both the U. 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. But applying for a green card isn't required. As the spouse of a U. Unfortunately, the coronavirus or COVID pandemic has brought every part of the immigration process to a near standstill.
As of late , obtaining a K-1 visa is virtually impossible, owing to government office closures to in-person visits and presidential bars on immigration. Even after things reopen, expect delays as the backlog clears. The U. Take a look at these tips on completing the form. In addition to Form IF, the U. The citizen will also need to pay the petition fee.
Assuming the citizen didn't forget to include something, he or she will, within a few weeks, receive a USCIS Form I Notice of Action acknowledging receipt of the petition. See this overview of the steps involved. This doesn't happen on a walk-in basis; the consulate will send an appointment notice. This entire process from date of filing of the petition till the transfer of the file to the U.
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