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1. What is a K1 Visa?
A K1 fiancé visa is a non-immigrant visa that allows a foreign fiancé or fiancée to come to the United States to marry a U.S. citizen sponsor within 90 days of entering the United States. After getting married, the applicant will apply to the U.S. Citizenship and Immigration Services (USCIS) to change their status from non-immigrant to a green card.
2. Conditions for sponsoring a fiancé or fiancée (K1)
To be able to sponsor a fiancé or fiancée when filing a sponsorship application, the sponsor must prove the following:
♦ The sponsor must have citizenship, meaning the sponsor is a U.S. citizen.
♦ The sponsor and the applicant must be single and able to get married.
♦ You need to present evidence to the Immigration Department to prove that this is not a sham marriage with the purpose of bringing a foreigner to the US to live, this is extremely important for the K1 visa application. In addition, the sponsor must prove that they and the foreign fiancé/fiancée have met within 2 years before filing the sponsorship application. (There are some exceptions, such as the sponsor has extremely difficult circumstances if they have to meet each other or because religion prohibits meeting each other before marriage).
♦ The sponsor must prove that they have income and assets in the US to be able to support the fiancé/fiancée when they come to the US
♦ The sponsor must apply for a waiver if they have sponsored a fiancé/fiancée before or have sponsored a fiancé/fiancée in the past 2 years. If the sponsor has committed an assault crime, USCIS may not grant a waiver.
♦ The sponsor must have an affidavit proving that the two people will marry each other within 90 days of arriving in the United States.
♦ If the sponsor has been previously married, provide evidence that the marriage has legally ended.
K1 Application Processing Time
The processing time depends on the status of each specific application as well as the actual number of applications at the Immigration Service at each time. It usually takes about 10-14 months to complete the review.
Fiancé/Fiancée (K1) Sponsorship Process
The sponsor who is a US citizen will file an I-129F (petition for fiancé/fiancée) with the Immigration Service (USCIS). Note: I-129F cannot be filed at a US Embassy, Consulate or Immigration Service abroad.
After the Immigration Service approves the sponsorship application, the application will be sent to the National Visa Center (NVC). NVC will provide you with a case number and send your petition to the US Embassy or Consulate where your fiancé/fiancée is living.
When the Consulate receives the documents from NVC, the Consulate will send the sponsored person a letter requesting the necessary documents to be sent to the Consulate. After completing the documents for the Consulate, the sponsored person must register for an interview with the Consulate (register online)
Contact information
OSI VIETNAM INTERNATIONAL EDUCATION CONSULTING COMPANY
♦ Address: 44 Tan Canh, Ward 1, Tan Binh District, HCMC
♦ Phone: 0937.735.258 - 0937.735.259
♦ Email: osiedu@gmail.com / osiedu5@gmail.com
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