6. How do I apply for K-1 visa?
To apply for a K-1 visa, a petition must be submitted by your U.S. citizen fiancé or fiance to the USCIS along with a:
- Letter from the U.S. citizen stating your intention to marry each other
- Proof that the U.S. citizen and you have met in person within two years of filing the petition (this may be waived for reasons like cultural issues or extreme hardship to the U.S. citizen)
- Proof that you both are legally able to marry (age for getting married, no divorce pending cases etc)
- Proof of U.S. citizenship of petitioner
- Birth Certificate of fiancee
- Divorce decree or Death Certificate of any previous spouse
Note: When the USCIS approves the petition, it sends the petition to the U.S. Consulate abroad, which will issue the K-1 visa. The consulate determines whether the foreign fiance would be eligible to receive an immigrant visa, before approving the K-1 visa
7. As a U.S. citizen what additional information do I need to know about K-1 visa?
You must keep in mind that:
- As a U.S. citizen, you are completely responsible for your K-1 fiance or fiancee financially
- If for any reason you do not marry your K-1 fiance or fiancée and she departs the U.S. within the 90 days, she will not be precluded from coming to the U.S. in the future on another K-1 visa and you will not be precluded from again bringing her or another fiance to the U.S. on a K-1 visa
- Your fiance or fiancee can obtain authorization to work under K-1 status
8. Can I transfer my citizenship to my spouse?
No, as a U.S. citizen you may not transfer your citizenship to your spouse. If your spouse wishes to relocate with you to the U.S., your spouse will require an immigrant visa. A Lawful Permanent Resident who is married to a U.S. citizen may apply to become a naturalized U.S. citizen after three years as permenant resident in the U.S.
9. My American citizen fiance is sponsoring me for immigration, does it matter where we get married?
If you wish to marry in the U.S. and take up indefinite residence after marriage, you require a fiancee visa. If you wish to marry outside the U.S. and travel to the U.S. to take up residence, you will require an immigrant visa.
10. Which is quicker to process, an immigrant or a fiancee visa?
The time taken for the K1 fiance visa process varies with each individual case. However, in general, a fiance visa application may be slightly quicker than an application for an immigrant visa, as immigrant visa petitions are taking longer to be processed and approved by the USCIS in the U.S. If the time factor is of importance, you should contact the USCIS office where you will file the petition to ascertain processing times before deciding on applying for a fiance or immigrant visa.