Nonimmigrant Visa for Fiancés is a visa that allows foreign fiancés to come to the US and marry the guarantor. The guarantors must be US citizens and their fiancés can stay in the US for 90 days of arrival. However, it is hard to get this type of visa for many reasons (such as the application lacks necessary information or needs more time for administrative processing).
>> In this article, Nhi Gia’s experts will give you specific information about the Nonimmigrant Visa for Fiancés.
Table of Contents
What is the Nonimmigrant Visa for Fiancés?
Visa K-1 (visa for the fiancé(e) of the US citizen)
Visa for Fiancés (visa K-1) is a Nonimmigrant Visa K-1 that allows foreign fiancés to visit the United States and marry their U.S. citizen sponsor within 90 days of arrival.
The marriage must be legal under the laws of the country where the marriage will take place. After marrying, the applicant can apply to the United States Citizenship and Immigration Services (USCIS) for a change of status to a Legal Permanent Resident (LPR).
Visa K-2 (for the fiancés’ children)
If the child of an applicant (also known as a dependent applicant) wants to accompany the applicant to the United States, a visa K-2 application must be applied. Visa K-1 and K-2 applications must be prepared and submitted separately for each applicant.
- The procedure is similar to the visa K-1 application, including preparing the visa application, paying the processing fee, making an appointment for an interview, etc.
- The dependent applicant must attend an interview with the main applicant.
- The visa K-2 is only issued to dependent applicants under the age of 21 within one year from the date that the visa K-1 is issued to the principal applicant.
The conditions to have this visa
According to the US Immigration Law, the conditions of the nonimmigrant Visa for Fiancés are:
- The sponsor must be a US citizen
- The applicant and sponsor must intend to marry within 90 days of the fiancés' entry into the United States on a Nonimmigrant Visa K-1.
- Both are able to legally marry and must meet in person at least once in the 2-year period (except in cases to prove).
Besides,
- The guarantor must submit the Form I-129F - Petition for Alien Fiancé(e) at the USCIS where he/she lives; The guarantor needs to provide proof of income and uses of Form I-134
- Sponsored applicants must have an Instruction Package Letter (PKT3 - K) from the National Visa Center (NVC).
The Nonimmigrant Visa for Fiancés
In Vietnam, the applicant can only apply for a Nonimmigrant Visa for Fiancés (K-1) at the US Consular Generate in Ho Chi Minh City. When receiving the PKT3-K Instruction Letter from the NVC, the applicant will receive specific instructions on the visa K-1 application (according to the US Department of State) as follows:
- Online US Nonimmigrant Visa Application - Form DS-160 and print confirmation DS-160
- Passport is valid for at least 6 months.
- Two 2*2 inch (5*5cm) photos, taken within 6 months.
- Birth certificate
- Divorce certificate or death certificate of the previous spouse of the applicant or sponsor (if any)
- Criminal Record card No. 2 (and foreign criminal record if any)
- Health certificate and vaccination
- Financial Proofing/financial support by the sponsor (Consular office may request Form I-134)
- Proof of the relationship between the applicant and sponsor
- Visa application fee payment receipt
Note: The consular officer can request the applicant to add other documents to support the visa approval process.
>> If you need more instruction on preparing documents for visas K-1 and K-2, contact [+84] 1900 6654 - [+84] 906 736 788. Visa experts with more than 20 years of experience will support you!
Processing time of the Nonimmigrant Visa for Fiancés
Normally, the average time to process the US visa application is about 8-10 months. However, this processing time will depend on different factors: the nationality of the fiancé/fiancée to be guaranteed, the number of application forms, documents needed to be added, and so on. Therefore, you must prepare the documents carefully and ensure it is valid.
Fees for this type of visa
The fee for Nonimmigrant Visa is 265 USD, equivalent to 6,625,000 VND. In addition to the visa processing fee, the applicant must pay other fees: Medical examination fee, Notarized translation, Printing of documents, Travel expenses, etc.
>> For details on the cost of a Nonimmigrant Visa for Fiancés service, please contact [+84]1900 6654 - [+84] 906 736 788.
Q&A
What should I do next after receiving the Nonimmigrant Visa for Fiancés?
Applicants entering the United States need to marry their sponsor within 90 days of entry. Then, apply for Permanent Resident in accordance with regulations to adjust the status.
Why was my Visa K-1 application refused?
There are many reasons why the consular officer refuses to issue a US visa. According to Article 221 of the Immigration and Naturalization Act (INA), the common reasons are:
- The Consular Officer did not have the necessary information to review and reach a conclusion on the visa application. When the requested information is submitted in the limited time, the visa application will continue to be reviewed and concluded and the applicant does not need to reapply.
- Some cases do not meet the criteria leading to the visa being refused or not granted.
Can the applicant travel or go on a business trip in the US during the processing time of visa K-1?
Maybe. However, the application of the applicant, in this case, will be examined more closely. Consular offices generally advise applicants not to enter the United States under another category/visa waiver program before the K visa has been issued.
Is it possible to extend the guarantee?
For Petition I-129F - petition to sponsor a foreign fiancé/fiancée with a term of 04 months from the date of approval by the US Citizenship and Immigration Services. Usually, the Consular Officer will extend the visa processing time to ensure that the applicant has enough time to complete the visa application.
For more information
The above is the basic information for applicants wishing to apply for a US visa as a fiancé/fiancee. As mentioned above, K-1 visa application, processing time,... will vary depending on each specific case. Therefore, for more information on K-1 and K-2 visas, please visit the website: Nhigia.vn or contact Nhi Gia directly:
Nhi Gia Service and Trading Co., Ltd
- Hotline: [+84] 1900 6654 - [+84] 906 736 788
- Email: info@nhigia.vn
>> A team of US visa experts with nearly 20 years of experience will enthusiastically support and offer the optimal solution to suit your case!
