It's not very confusing, thankfully.
I'll explain through the 5 W's (Who, what, when, where, why) and the How. The how will be very basic as the rest of my blog will eventually explain each step in general.
What:
What is a K-1 Visa?
A K-1 visa is a single entry visa into the United States of America that allows a foreigner to enter and marry their fiance(e) and adjust status legally. Now, this visa itself is not an immigration visa. This visa just allows you to adjust status (which it itself is immigration) through marriage.
K-1 is not to be confused with K-2, K-3 and K-4. K-2 is for children under 21 of K-1 holders. K-3 is basically the exact same as K-1 but just for people that are married already. K-4 is for the children under 21 of K-3 holders. I'm not quite sure about that age requirement, as I can't seem to find an exact source, but 21 seems like the right age.
There is also the CR-1 Visa and the IR-1 visa. I don't know a whole lot about these two, but I know CR-1 allows you to adjust status outside the country and enter with a green card. You must be married for this visa. You do not enter with a green card on K-1, you must file for one when you get into the states after marriage.
I'm not too sure about the IR-1 though. Go look it up if you're interested. Haha. I do think it has something to do with DCF (Direct Consular Filing) though. Don't quote me on it though.
Let me also add that people who apply for K-1 Visas must get legally married within the US. There's no way around that. People are more than free to have ceremonies elsewhere once they get their green card though. Because if you leave before that and you did not apply for Advanced Parole... well, sorry but you can't come back in the country.
Who:
Who can apply for a K-1 Visa?
Two people who are currently single/divorced/widowed can apply for a fiance(e) visa. As a rule of thumb, you must be engaged, but there really isn't a way for them to make you prove it. Though, if you end up referring to your future spouse as something other than a fiance in documents or at the interview, you might get looked at weird and questioned.
While no one can get the fiance visa faster, couples with one divorced person may have a hard time. USCIS is known to be picky with the divorce decrees, or so I've noticed on the forums I go to. Especially countries that have strange rules/exceptions about divorce or ones that must be translated into English.
There is no age requirement that I am aware of, other than the USA's marriage without consent age. Though, I'm sure if the family said it was okay for the person to marry below non-consent age, they would allow it.
Where:
Where can one apply for a K-1 Visa?
You can put the paperwork together anywhere you want, but the visa must be sent from within the US. I'm not exactly sure why, but whatever. Cheaper mail? Haha.
Of course, that doesn't stop you from doing your paperwork in the foreign fiance(e)'s country. Though, most people just mail their US citizen fiance(e)s their paperwork.
When:
When can you apply for a K-1 Visa?
Anytime you want as long as you meet the criteria. I believe the only criteria is that you have met within the last 2 years. Most people do this easily. Hell, my fiance and I met like 6 times in 2 years. I find it strange that they'll give people visas when they had only met once and met maybe like 1-5 months after starting to talk. I mean, how do they know those marriages will work? Maybe all the immigrants is what makes America's divorce rate high! Oh who knows. You really never know.
There are people who will fake relationships to get green cards, as sad as it is.
Why:
Why apply for a K-1 Visa?
Why am I explaining this? It seems pretty obvious to me. You want to go live with your fiance. Of course, you could get married first and apply for K-3 or CR-1... but maybe you want to get there fast and you would like to have your wedding in the US. Maybe you didn't have enough money for a wedding and don't want to wait to save up for it. I'm sure there's many reasons people choose K-1.
Why did we choose K-1? Because we were planning on having the marriage in the US in the first place, mostly. We also wanted the fastest route. After 6 years of having a long distance relationship, you just get sick of the distance and want to be together.
Now that those basics are covered, here comes the how.
How:
How do you apply for a K-1 Visa?
It's actually pretty simple. You fill out 2 forms. The I-129F and the G-325A. The first one is the actual petition. With this, you include proof of meeting, passport photos, emails, etc. Proof that you have a relationship and that you've met. The 2nd one is just biographic information. It's straight foward and easy, unless you were like me who's had numerous jobs and has lived numerous places. Thanks mom and dad.
I didn't know how to apply for a K-1 until I found the "Visa Journey" website. It's helped me so much and will continue to help me when I have to finish off this process.
Well, that's it really about a K-1 Visa.
If you want to know more, wiki it and visit http://www.visajourney.com/forums/index.php?act=idx . They've helped me greatly.
Steps of a K-1 Visa:
US Petitioner and Foreign Beneficiary Collect Needed DocumentsI-129F Package SentNotice Of Action 1 Received by US PetitionerNotice Of Action 2 Received by US PetitionerCase Forwarded to the National Visa CenterCase Forwarded to the Foreign Beneficiary's US ConsulateCase Received by Foreign Beneficiary's Local US Consulate- Forms and Checklist Sent to Foreign Beneficiary
- Foreign Beneficiary Compiles Needed Forms
- Foreign Beneficiary Sends Completed Forms to US Consulate
- US Consulate Issues Interview Date
- Interview Conducted at the US Consulate
Legend: Strikethrough + Blue show past steps, Bolded + Red shows current step
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