K-1 for Fiances of US Citizens

If you are unmarried partners, you might be eligible for a fiance visa petition and visa, which you must do while outside the US. In addition, the rules state that you must marry within 90 days of entering the US. Then you can switch status to a family-based green card.

Your unmarried children under age 21 may accompany you on this visa.

If you plan to work upon arrival in the US, we can file an application for temporary employment authorisation, which authorises you to work for 90 days after entry. 

Once you are married, we can apply for your transit to a full marriage green card.

We can also extend your work authorisation pending approval of your permanent resident status green card.

US Domicile

There is no time limit on how much time you can live abroad before you can no longer claim domicile in the United States. You will need to show that you have ties with the United States and that you intend to come back after a not indefinite amount of time. Some examples of acceptable proof you can include:

- A voting record in the United States
- Tax records for federal, state or local taxes
- Evidence of property
- A banking or investment account in the United States
- Evidence of a permanent mailing address

Intent to establish domicile in the United States?

If you are outside of the country when you apply for the green card, and cannot claim domicile, you can show proof that you intend to return and claim domicile. This can be done either before or at the same time the applicant you are sponsoring arrives, but not after.
Some types of evidence you can share to show you intend to establish domicile include:

- Opening a bank account
- Transferring money to a United States account
- Evidence of seeking employment in the United States
- Evidence of trying to rent or buy a residence, such as an apartment or a house, in the United States
- Applying to register your children in U.S. schools
- Applying for a Social Security number
- Register for voting in local, state or federal elections

Financial Requirement

The US national sponsor provides evidence that they will be able to financially support their fiancé during their stay. This is based on the income of the sponsoring fiancee and the size of the household you will both be living in as follows:

1 - $18,225        
2 - $24,650    
3 - $31,075    
4 - $37,500    
5 - $43,925            
6 - $50,350    
7 - $56,775    
8 - $63,200    

So, if there are 3 people living in the house, including you and your family, the sponsor would need to earn $31,075pa. If this is not possible, he/she can enlist a co-sponsor for this, if they meet the requirement.

The K-1 visa takes between 8-12 months from petition to landing in the US.

Once you’re in the US, we can assist with getting work authorisation for the applicant and once married, we can assist with the Marriage Green Card petition

K-1 Visa Processing Time

The processing time for a K-1 visa application is roughly 13-18 months, not including the time from when the government approves your application to your interview date, which varies based on the country you’re applying from.

K-1 Visa Cost

The total cost for a K-1 visa is roughly $800.

Here is a breakdown:

The government fee for the Petition is $535. 

Once the petition is approved, the engaged partner of the U.S. citizen has to do a medical exam. The cost for the exam varies by provider, but $200 is typical.

Finally, the fee for the actual K-1 visa application is $265. This fee is usually paid at the interview but it’s important to review specific instructions regarding time and place of payment, included in the embassy’s interview notice, which can vary by home country.

These fees do not reflect additional costs, such as translating and photocopying your documents and obtaining required documents such as your birth certificate.

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