The K1 Visa of United States of America is granted to the fiancé or fiancée who holds the Citizenship of the United States. The USA K1 Visa allows the non-immigrant applicant to marry the U.S Citizen within 90 days of entering the U.S. Once the wedding is on papers, the non-immigrant applicant can file for his/her visa status correction to turn into a Green Card Holder. If in any case the applicant does not marry the U.S Citizen within the 90 day period, he/she has to leave the United States within a grace period of 30 days.
To be eligible for USA K1 Visa, the fiancé/fiancée’ and the applicant must have reached the qualified age of marriage as per the applicant’s home-country. At the time the visa application is being filed, the couple should be of legal age, not previously married to others or married to each other. The US govt. states that the couple should have met a minimum of once in two years before filing the visa application. The Department of Homeland Security can ignore this criterion for few cases on learning about the stringent rules and traditions that bar this meet.
The eligibility criterion for USA K1 Visa is;
To apply for USA K1 Visa, the steps mentioned below should be followed;
Step 1: Organize a petition request with the USCIS on behalf your Fiancé/ Fiancée
Through Form I-129F, the US immigrant should file an application request with the USCIS for USA K1 Visa on behalf of your fiancé/fiancée. To avoid waiting in long queues, the application form can be submitted online on USCIS website.
Step 2: The Fiancé/Fiancée receives the visa at their home-land
After the fiancé/fiancées USA K1 visa petition is approved, the US government sends the petition to the legation group or the consulate where the application for the visa will be filed. Soon after the visa is approved followed by the stamping of visa, the petitioner’s fiancé/fiancée is eligible to come to the United States.
Step 3: Coming to the United States
After your fiancé/fiancée receives the US visa, they can come to the US through US immigration port-of-entry. The non-immigrant is detailed about the instructions to be followed at the port of entry.
Step 4: Acquiring a Social Security Number
The US immigrant should apply for a social security number for the non-immigrant. The sooner the couple has a social security number, the more beneficial it is to them for the below mentioned reasons;
Step 5: Performing the marriage
As per the criterion of USA K1 Visa, the marriage should be performed within 90 days of the fiancé/fiancées arrival in the US.
Step 6: Submit an application for Permanent Residency or by filing Adjustment of Status
Form I-485 should be filed by the US citizen’s spouse if he/she has planned to work and reside in the United States. Filling and submitting this form of permanent residence or adjustment of the visa status shall take place at the USCIS office of the area the immigrant resides in the US. The Affidavit of Support, Form I-864 along with a spouse application form should be submitted to befall into Lawful Permanent Resident (LPR).
Step 7: Do away with any conditions regarding the stable status of your spouse
The conditional permanent residence visa received from the USCIS is valid only for a period of two years which means that it has to be removed by filing I-751 petition.
The application form of USA K1 Visa costs $190.
The Application Form for USA K1 Visa I-129F, G-325A and G-1145 can be filled and submitted online.
Below mentioned are few concrete reasons for USA K1 Visa rejection;
Lack of relevant documents
Lack of appropriate documents and late submission of the relevant documents might lead to rejection of USA K1 Visa. Most people prefer hiring a lawyer for the same. In case the lawyer is lienant towards addressing your case, you might face an unusual situation at the interview resulting in rejection of your visa.
No strong financial background of the US citizen
In case the US citizen fails to provide financial documents stating him/her strong making it obvious to be unable to meet the expenses of the applicant, chances are high for the visa to be rejected.
Age difference between the couple
The US government believes that a large age difference between the couple fails to lay a strong base to the relationship. Hence, this makes another reason for the visa rejection.
Nominal contact of the couple in previous year
Once the I-129F visa request has been filed, the consular officer tries to know the last meet and communication of the couple. Through this, they analyze the strength of relationship. In case the couple fails to meet this requirement, the visa is rejected.
Difference in language
If the couple has different communication language, or the applicant’s English is way too poor as per the US government, chances are likely for visa rejection.
Below average performance in the interview
If the interviewer analyzes the applicant has not met his performance criteria or any suspect in the couple’s relationship, he possesses the right to reject the visa.
Immoral record or breach of visa rules
When the consular officer discovers about any criminal background of the applicant or any breach of visa rules laid down by the US government, the USA K1 visa is rejected.
Once the visa petition is accepted, the couple has to perform marriage within 90 days of entering the US. After the wedding takes place, the couple can file for change of visa status. They are provided with the US Green Card which is valid only for a period of 2 years, after expiry of which, a renewal application has to be submitted.
90 days before the green card visa expires, the couple has to apply for a new permanent residence. An interview is held for both by the USCIS to conclude whether the marriage is real. If they detect that your marriage is fraud, they cancel your visa and deport you to your home-land.
If your renewal of visa application is accepted, it remains valid for a period of 10 years.
The USA K1 Visa holder is eligible to apply for a visa to another country and eligible for citizenship of another country provided he foregoes the citizenship of the United States of America.