How Long After Can a Joint Spknsor Sponsor Again
The M-1 visa is a nonimmigrant nomenclature meant for the United states of america citizens who want to bring their foreign national fiancé(e)due south to the U.S. in order to get married. If granted, the K-1 visa will exist used by the foreign national fiancé(e) to travel to the United States, get married inside xc days subsequently arrival, utilize for a green card, and live permanently in the U.S.
It could besides atomic number 82 to the Usa citizenship with all the rights and privileges fastened. However, just like all other U.Southward. visa types, both parties have specific eligibility criteria they must run into either as a beneficiary or a sponsor. This mail service gives you all you need to know on how to sponsor a K-1 visa successfully.
Fiancé Significant
The give-and-take fiancée or fiancé is a French word, which means someone who is engaged to get married.
- Fiancé is for homo
- fiancée is for woman
However, to avoid repetition, nosotros shall use the term "fiancé(e)" throughout the rest of this article to represent both genders.
Before an application for One thousand-i visa can be approved, the following weather must be met and proven beyond a reasonable doubt as a K-1 sponsor:
U.Due south. Citizenship
You lot must be a U.South. denizen—a lawful permanent resident cannot sponsor a K-1 visa.
Legally Free to Ally One another
This means you lot accept both met all the legal obligations required to get married in the United States. This includes terminating previous marriages if both or either of you has been previously married.
The previous marriage must have been legally terminated by divorce, annulment, or death. You lot will need to provide proof to support this before you can be deemed qualified for K-1 visa sponsorship.
Readiness to Marry Within 90 Days
You and your fiancé(e) must be set to marry within xc days of his or her admission into the U.Southward. on a K-1 visa. You must provide a signed argument showing your intention to become married inside that period.
It will also be helpful to have other evidence to dorsum this up. If you have already printed your wedding invitations and made payments associated with the wedding, you lot can include copies of the invitation card, receipts of payments for wedding ceremony items as supporting documents to evidence this requirement.
Must Accept Met in Person
You and your fiancé(e) must have met each other in person at least one time within the 2 years leading up to your petition. Y'all will need to provide proof of this coming together with evidence such every bit photographs, hotel reservations, plane tickets, etc.
Note: Telephone conversations, social media chatting, video calls, and other meetings past electronic ways volition not count every bit meeting in person. However, you may request a waiver for the "meeting in person requirement" if yous tin show that meeting your fiancé(east) in person would:
- Violate strict customs of your fiancé(e)'s foreign culture; or
- Outcome in extreme hardship to you, the U.S. citizen sponsor.
As part of the eligibility criteria, you lot will need to sign an affidavit of support showing your readiness and financial power to provide your strange fiancé(eastward) with the needed fiscal support. The affidavit of support certificate for the K-i visa is officially known every bit the I-134. In the form, your income must indicate your ability to provide for yourself, your sponsored fiancé(e), and any other dependent member of your household.
The minimum required income is 100% of the United States Department of Health and Human being Services (HHS) minimum poverty guidelines. Currently, the 2019 edition minimum if you lot live in any of the 48 contiguous states is $16,910, $21,330, $24,750 for household sizes of 2, 3, and 4 members respectively. For each boosted person, just add $4,420 to get the accurate effigy.
However, if you live in Alaska or Hawaii, the corporeality is $26,412 and $24,325 respectively, and the cost for any additional person is $6,912 and $half-dozen,350 respectively. This is due to the college cost of living in those two states. Here is the total details of income requirement for Thou-1 visa sponsor.
The process for bringing your foreign fiancé(e) to the United states involves different stages with unlike immigration agencies. They are the U.S. Citizenship and Immigration Service (USCIS), the Department of State (DOS), and the agency for Community and Border Protection (CBP). Each phase of the Chiliad-1 fiancé(e) visa process is explained beneath:
Pace i: File 1-129F, Petition for Alien Fiancé(due east)
This is the first form to be filed by the U.S. denizen fiancé(e). The one-129F is filed to petition the USCIS to recognize the relationship between yous and your fiancé(e). You must prove the validity of your relationship with documentary show showing you have a 18-carat relationship with your strange fiancé(e). Y'all must submit the supporting documents listed beneath with the grade:
- Proof of your U.Southward. citizenship – a re-create of your passport, naturalization certificate, or nativity certificate.
- Re-create of your fiancé(e)'southward passport
- Proof of your past meeting in person within the past ii years before filing the petition
- Written and signed sworn statements by each partner describing the nature of your relationship as well equally your intention and readiness to ally within xc days of your fiancé(eastward)'s arrival in the United States.
- One passport photo of you and one passport photo of your fiancé(due east)
- If your fiancé(e) has visited the U.South. earlier, you may also submit a re-create of their previously issued I-94 inflow-departure record.
The I-129F, forth with the supporting documents, must be filed to the appropriate accost, choosing one of these two options. The USCIS will send y'all a observe of receipt within 30 days after receiving your petition. And if there is a need for additional information or documentation, you volition receive a letter of the alphabet stating the additional detail(s) y'all need to send.
The USCIS will review your petition and issue either an approval or denial notice. If your petition is denied, the observe volition contain the reason for the denial. The processing time usually depends on the workload at the service center treatment your instance. The final decision may take between six to 9 months. Once your petition is canonical, the USCIS will forward the approved I-129 to the DOS National Visa Heart (NVC), which will oversee the next stage of your fiancé(e) visa application.
Step 2: DS-160 for K-1 Nonimmigrant Visa Awarding
The U.S. diplomatic mission or consulate where your fiancé(due east) lives will receive the canonical I-129 from the NVC. Your fiancé(e) will and so need to apply for a Thousand-ane nonimmigrant visa at the embassy or consulate. You will receive a message from NVC stating the scheduled date and location of the 1000-1 visa interview for your fiancé(e) in that country.
Earlier the interview engagement, the foreign fiancé(e) will demand to complete the DS-160 awarding online, otherwise known as Online Nonimmigrant Visa Application. He or she volition need to impress the confirmation folio of the form and keep it as one of the documents for the K-ane visa interview. The DS-160 must be submitted along with the following supporting documents:
- These documents are the responsibility of the sponsored fiancé(e):
- 2 passport photographs
- Valid passport
- Birth certificate
- Sealed immigration medical test class. (Run into the consummate clearing medical examination guideline).
2. These post-obit documents are the responsibleness of the Grand-1 visa sponsor:
- I-134 Affidavit of Back up
- Most recent tax return
- Re-create of the canonical I-129F from the USCIS.
It is inside the discretion of DOS to either approve or deny your fiancé(e) a Thousand-i visa. If the awarding is approved, the foreign fiancé(east) will be issued a visa, which volition allow him or her to travel to the U.Southward. and seek access at a port of entry.
Step 3: The Foreign Fiancé(e) Seeks Access at Port of Entry
Upon arriving at the port of entry, the fiancé(due east) will be interviewed by a CBP officer, who will decide whether to admit him or her. If your fiancé(eastward) is granted admission into the U.S., and then you both can commence wedding ceremony arrangements, which must take place within ninety days of the arrival.
As the sponsor, yous are not required to nourish the K-ane visa interview. All that is required of you lot is to sponsor the visa and prove your eligibility and ability to back up your fiancé(e) financially. The visa interview is for your strange national fiancé(due east) who is the casher of the petition. And as stated to a higher place, it will exist held at the embassy or consulate where the casher resides.
However, if you lot'd like, you may be at the interview with your fiancé(eastward) to provide support. Also, if at that place is any derivative K-two beneficiary of the visa (unremarkably child of the beneficiary fiancé(east)), the person will need to attend the interview. Depending on the diplomatic mission's policy, the derivative Thou-2 beneficiary may get a waiver for the interview if he or she is a pocket-size nether 14 years of age. Come across examples of some Thousand-one visa interview questions you can expect.
M-1 Visa to Greenish Menu
Afterwards your spousal relationship, your fiancé(due east)—at present your spouse—can apply for a spousal relationship-based dark-green card and become a lawful permanent resident. This is very important, particularly if you both wish to settle down and alive together as one family in the U.Due south.
This process will also involve a series of documentation and interviews for the ii of you. As the Thousand-1 visa sponsor, you will likewise exist the one to sponsor the petition filing green carte du jour sponsorship petition and submitting an affidavit of support. Your spouse will also submit an I-485 to modify his or status from a K-one visa to a matrimony-based greenish carte du jour.
Yet, keep in listen that green card sponsorship is entirely unlike from Yard-1 visa sponsorship. However, with the right help, you tin can make the whole process a smooth feel.
How VisaNation Constabulary Group Immigration Attorneys Can Assistance
VisaNation Law Group G-1 visa immigration attorneys have helped many immigrants file and learn their fiancé(e) visas. They will help you set up your forms and documents, including the affidavit of support.
We will also guide you through the interview process and all other aspects of your awarding. From start to stop, you can rest bodacious that your case is in good hands. You tin can schedule a consultation with our office today by filling out this contact form.
Source: https://www.immi-usa.com/immigration/marriage-visas/k-1/sponsor/
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