US citizen Archives - Foreign policy

How long does it take to get a K-1 fiancé visa – 2021 Guide

Published on July 20, 2021

Life/Travel

There are numerous types of visas people can get when visiting a foreign country. Not all citizens from all countries are required to get them, but for the United States of America you definitely need to get one depending on who you are and why you are planning the trip. Exchange students, workers, and tourists all have different visas to worry about, and this does not even begin to describe all of them.

Among the most issued and most sought visas have to deal with coming to live in America with a partner who already has a citizenship of the USA. Either a native or a naturalized foreigner, if you have a USA citizenship, your spouse or fiancé can also get it after certain conditions have been met and rules have been followed. For the purposes of this article we will focus on the fiancés and talk about the K-1 visa.

What do you need in order to get it, and how long does it take for an average person to get it? We aim to give you the answer to all of these questions right here and now. Make sure to thoroughly read the article and if you want to know more, definitely check out immigrationlawnv.com for any type of help or info you may need.

What is it and how Long does it Take?

Visas are named in a weird way that does not make a lot of sense out of context. All you get is a letter and a number so it takes some time and research to know exactly what it means. For example, worker’s visas are B, and student exchange visas are J. For fiancés, you will want to get a K-1 visa. This document allows an engaged partner of an American citizen to enter the States and live there. However, it is only available for issue if the couple gets married within 90 days following the non-citizens entry into the country. After they have been married, they can apply for permanent residence based on their marriage. This is what is called a green card, a document that makes you a permanent citizen of the USA.

In short, if your fiancé is already living and working in the USA and you are planning to start a life together there, you can apply for a K-1 visa and get it but only if you schedule a wedding within three months of your initial arrival. This is more than enough time to organize things especially if you have already planned to do it. Both men and women can be on either side of the story, the citizen and the fiancé looking to get the visa.

From June of 2021, it takes approximately 8 to 10 months for your documents to be processed. The main document is the I-129F form, also referred to as the petition for alien fiancé. After they have processed it, it takes between 4 and 6 weeks more for the agency to send a request for an interview at the closest consulate or embassy where you will have to talk to a representative about the visa and the whole arrangement. So, the best case scenario is at least 9 months, while the worst is around 11 months. All in all, you should devote a year to the whole planning, paperwork, and waiting before you can plan for the trip.

Costs

It is not at all cheap to apply and get this visa as the total costs come down to roughly $1,000. This is a lot of money to spend before you even get the chance to make it back on US soil, but it is how the system works and how it has been working for decades. There are different costs involved in the whole process, but the most expensive thing you have to pay for is the aforementioned Form I-129F that costs $535 alone. When you have it approved, the medical exam is next which is typically around $200. Once you pass the medical, the only thing left to pay is the actual application for the K-1 visa. This costs $265 and it is paid when you go for your interview. This is the last step before you get the final permission to travel to the USA and be with your fiancé. These are the costs you will absolutely have to pay and do not include potential translations and photocopies of certain documents like birth certificates and other things required.

Eligibility

Now that you know how much it costs and how long you have to wait for it, let us see if you are eligible for one and who can get a K-1. The most important thing is for you to have a fiancé living on US soil already. The second important thing is for both of you to have the intention to get married to each other no longer than 90 days after you arrive. There are other requirements too however, which also have to be met.

For example, the sponsoring partner must already be a citizen and not a green card holder. There is a big difference between the two as you can only apply for citizenship after you have been a green card holder for at least 5 years. Then, both partners must have their previous marriages fully terminated and their potential divorces have to be finalized. Same-sex partners are fully eligible for the K-1 no matter how the laws and practices in either of their home country view same-sex relationships and marriages. You have to prove the relationship with things like photos together, evidence of traveling together like hotel reservations, itineraries, and tickets, as well as statements from your family members, close friends, and colleagues who are familiar with your situation and particularly the engagement and future plans. Emails and messages between the two of you may also need to be reviewed for further proof.

Regarding the wedding, you will be asked to provide a signed statement of your intention to marry. If you already planned the wedding, it will definitely be a plus and you should submit the evidence for it. Many couples start preparing for it as soon as they decide to apply for the visa. In addition to all of this, there needs to be some kind of proof that you have seen each other at least once in the last two years before applying for the K-1. Lastly, the citizen partner has to meet income requirements and earn enough money to be above the tax return poverty line. The USA is very strict when it comes to taxes and they do not allow any room for error there.

Conclusion and Takeaways

It seems like a lot of work, and it can be said that it is. However, if your partner is already there and you are engaged, it is a great chance for the two of you to have a life together in the USA. A thousand dollars and some paperwork is all that is preventing you from happiness, and the actual worst part is the waiting game. Except this, the K-1 is one of the most straightforward types of visa to get, much easier than the tourist, working, or student varieties.

Everything You Need to Know About Green Card

Published on September 9, 2020

Business

The green card is a crucial factor in having a permanent residence in the U.S. It would allow people outside the U.S to gain high wages and live bountifully in the country and become a citizen after three to five years. If you are an immigrant who is at least 18 years old, you must bring a green card all the time. However, you don’t have the same duties and privileges as the natural-born or naturalized citizens of the United States.

You have distinct ways of exercising your freedom within which are ineligible to vote and hold public office. To know more, the stated facts below are further information about the green card.

Facts about Green Card

The green card is called a legitimate residence permit, but in appearance, they’re green in color; that is why they put the term green. This kind of card is also authorized government records, and they are called I-551 Form on paper. Click here to know more about this information.

Here are the seven essential facts you also want to understand:

The Green Card is a great privilege. It means that while you live in the United States, you must uphold a high standard of moral character and conduct. Moreover, it is withdrawable, and you, as the holder, can also be subject to deportation with certain offenses committed under the Immigration Law.
As a Card Holder, you should maintain a primary residence in the country.
It doesn’t allow you to travel in and out of the United States unlimitedly.
You have to submit a U.S. Income Tax as part of the conditions of being a Green Card Holder.
Undocumented immigrants are usually ineligible for a Green Card due to their immigration status. However, some undocumented immigrants may allow a Provisional Waiver of Inadmissibility to detach the disqualification if they can prove that being separated from their U.S. citizen spouse or parent will inflict severe difficulty.
Whether you are under 18 or mentally and physically impaired, you don’t need to sign your green card. The green card will appear, “Waived signature,” you are eligible for this exemption if you fulfill any of those requirements.
After ten years, Green Cards will expire. When you fail to reauthorize its validity, you may face legal consequences.

The methods of obtaining a green card often undergo updates and adjustments. It is best to determine first which kind of green card you want and then examine the criteria for that Form. The following stated below are the different types of Green Cards.

Different types of Green Cards

Employment-Based Cards

To have an employment-based green card, you must have an employer from the United States citizen who will support your application. This way goes through a phase of labor certification, though exceptions may occur in some cases.

The following lists the subcategories of employment and the forms of work falling under them:

EB-1 Priority Workers

People who have an excellent ability in the arts, sciences, education, business, and athletics.
Outstanding researchers or professors
Multinational Executives and Managers

EB 2 Professionals with advanced degrees or exceptional abilities

Positions which require a Master’s degree
Those people with exceptional ability in the sciences, arts, or business.
Those qualified people who are physicians will practice medicine in the U.S., particularly those underserved areas.

EB-3 Skilled, unskilled and professional workers

Skilled workers that require a minimum of two years’ of practice and expertise
Unskilled workers need less than two years’ of preparation or knowledge.
Professional workers require a baccalaureate degree from a U.S. university or other schools outside the U.S equivalent of this degree.

EB 4 Special Workers

Employees who served the U.S. government abroad
Religious workers
Media Professionals

EB 5 Investors

Those non-U.S. nationals invested $ 1 million in a new U.S. company to build jobs for at least ten employees.

Family-Based Eligibility

If you have a family in the U.S, you can be sponsored by such relatives to have a permanent residency. Members of the family who may act as sponsors include parents, relatives, children, or spouses. If your sponsor is a holder of the card and not a resident, they must be the applicant’s child or spouse.

Moreover, widows and widowers married to a resident of the United States when the citizens died are also part of this classification. The spouses of living U.S. citizens and existing green card holders applying based on marriage, widows, and widowers need to show that their marriage was valid.

Marriage-Based Green Cards

If you marry a resident of the United States or a Holder of the card, you are eligible for permanent residency dependent on this marriage. It extends to both traditional couples and same-sex partnerships as same-sex marriage was acceptable in the lens of a civil right by the Supreme Court. This procedure includes Form I-130, Form I-485, or some variation after filing for a K-1 visa to enter the country and get married.

Diversity (DV) Lottery Green Card

The U.S. government provides 50,000 diversity visas per year to applicants from various nations that send limited numbers of immigrants to the United States. If you are interested in applying, you may begin in October of the year before the lottery and start searching for eligibility online in May following. If accepted, you are going through an interview process and showing your ability. It is necessary to act abruptly, because more applicants are qualified than visas, and issued after the lottery on a first-come, first-served basis.

To live and work in another country, engrossed with different cultures, and acquainted with new faces can be a great experience. Some people come to the U.S. usually for educational purposes, but many of them want to find a job. If you wish to apply for permanent work and get a green card, it will take much effort and a sponsor to be accepted. Fortunately, you can own the card through your outstanding ability, and it will surely help you achieve your desire to become a permanent resident.

Undeniably, the United States is a great country. There are myriad opportunities to offer for their people, and many of us would render the risk in exchange for a better living. The country is reliable for great opportunities, but it also has many tourist sites that you will surely love to visit. If you are keen enough to live in the United States permanently, you should make sure to know everything about Green Card and your rights and responsibilities as a holder.