In this article, you will learn…
- How to determine the costs and financial support requirements of the K-1 visa,
- How long it can take to get approved for a K-1 visa, and
- What to do if your K-1 visa is denied.
How Can I Determine If My Assets Will be Sufficient To Meet Financial Support Requirements For K-1 Visa?
We start with the US Federal Poverty Guidelines used to determine financial eligibility for certain programs, also known as the HHS Poverty Guidelines for your household size and year of filing.
How Long Does It Generally Take For A K-1 Or Fiancé Visa To Get Approved?
As of today, 80% of K-1 visas at the Vermont service center are being adjudicated within 5.5 months.
You can check approximate processing times based on the petition form type and USCIS field office or service center, on USCIS’ case processing times page.
How Long Is A Fiancé Visa Valid For?
The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is complete.
Can My Fiancé Come To The United States To Live While The Visa Petition Is Pending?
No, your fiancé must wait until he or she is issued a valid visa to travel to the US for your wedding, which must take place within 90 days of his/her arrival.
Can My Fiancé Travel To The US While Waiting For The Visa?
Your fiancé should wait until he or she is issued a valid visa to travel to the United States unless he or she is already in possession of a valid visa for travel.
How Much Money Do I Need In Order To Sponsor My Fiancé To The United States?
In order to sponsor your fiancé to the United States, your budget should include…
- USCIS petition and visa application fees,
- Attorney’s fees,
- Travel expenses, and
- Cost of living expenses during the time that your fiancé will be awaiting legal work authorization.
Is Everyone Automatically Determined Ineligible For the K1 Or Fiancé Visa?
The K-1 or Fiancé Visa is only available to…
- Bring your fiancé (K1) and their children (K2) to the US so that you may marry your fiancé, or
- Bring your spouse (K3) and their children (K4) to the US to await the approval of Form I-130 filed on behalf of your spouse and their children.
My Fiancé Has Children. Can They Also Come To The US on a K-1 Visa As Well?
Your fiancé’s children have the option of joining your fiancé under the K-2 visa. The petition for children gets filed at the same time as for the fiancé.
My Petition For A K-1 Or Fiancé Visa Was Denied. What Can I Do From Here?
Unfortunately, you cannot file an appeal for the denial of a K-1 or Fiancé visa or any other type of non-immigrant visa decision.
If you receive a notice of intent to revoke from USCIS, you may be able to overcome the basis for the visa denial received. However, this process could take months or even up to a year.
There are two possible options you can explore:
- File a brand new petition, taking into consideration the reasons for your initial denial, or
- Get married overseas and apply for an immigrant visa.
It is highly recommended to consult with an immigration attorney when seeking to overcome any visa denial.
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For more information on Requirements For K-1 Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 529-6888 today.