What Are the Requirements for K-1 Fiancee (E) Visa Processing in Ghana?

1. What is a Fiancé (K-1) visa?

A fiancé visa (K-1 visa) is a type of nonimmigrant visa that allows the holder to enter the US to marry their US citizen partner within 90 days of their arrival in the US. If a US citizen wants to bring their foreign fiancé(e) to the US in order to get married, they will need to file a Form I-129F petition for their partner. The K-1 nonimmigrant visa is also known as a fiancé visa.

In order to obtain a K-1 fiancé visa, both parties must intend to marry each other within 90 days of the applicant entering the US as a K-1 nonimmigrant. Marriage must be legal, which means that both people really want to start a life together and are not just getting married to get an immigration benefit. If your fiancé(e) and you marry within 90 days of the applicant being admitted to the US as a K-1 nonimmigrant, he or she may apply for a Green Card.

2. What are the eligibility requirements for a K-1 visa?

A person may apply to enter the US on a K-1 visa if they meet the following requirements:

  • Their sponsor is a US citizen
  • Both parties intend to marry each other within 90 days of the applicant's admission to the United States on a K-1 nonimmigrant visa
  • Both parties are legally free to marry (this means they both are legally able to marry in the US and any previous marriages have been legally terminated by divorce, death, or annulment); and

They have met each other in person at least once within the 2-year period before the filing of the petition. The in-person requirement may be waived if they can show that meeting in person would:

  • violate strict and long-established customs of the applicant's foreign culture or social practice; or

result in extreme hardship for the US citizen petitioner.

3. What is the process for applying for a K-1 (K-1) fiancé

The process begins with the US citizen sponsor filing Form I-129F with the USCIS. The petition must be supported by evidence proving a bona fide relationship, a prior physical meeting requirement, and the intention to marry within 90 days of the applicant's entry to the US. Evidence may include photographs, entry and exit stamps, evidence of cohabitation, affidavits from family and friends, and written statements confirming the intention to marry within 90 days of entry to the US.

If the petition is approved by USCIS, the case will be sent to the National Visa Center (NVC) to be processed further. The NVC will assign a case number and forward the approved petition to the US Embassy, where the applicant will apply for a visa. The Embassy will contact the applicant about steps they may take to apply for a visa.

Once the USCIS makes a decision on a K-1 visa petition, it is good for four months. -month However, consular officers may revalidate the petition multiple times for additional four-month periods from the date of revalidation, provided they are satisfied that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the applicant's admission into the US.

When the Embassy receives the case, it will contact the applicant about the booking steps that they need to follow to apply for a visa. Completing a Form DS-160, scheduling an interview, obtaining a police report, undergoing a medical examination, and providing originals of all relevant financial documents are among the steps. The applicant must appear before a consular officer for an interview.

4.What documents do I need to submit at my Fiancé (K-1) visa interview?
Proofproof of relationship to the petitioner at the time of the interview;

  • evidence of the beneficiary's prior marriage being annulled; and
  • Report of Medical Examination by Panel Physician and associated worksheets.

A consular officer at the Embassy will look at the case and decide if the person can get a K-1 visa. If the officer is not satisfied with the bona fides of the relationship, they will refuse the visa and return the petition to the USCIS with a recommendation for revocation. If the officer is satisfied that the applicant is eligible and meets all the requirements, they will issue a K-1 visa valid for 6 months of a single entry.

5. Can children of K-1 visa holders apply for a visa to travel with their parents?

Children of K-1 visa holders are eligible to apply for classification as K-2 visas. There is no requirement to file a separate Form 129F for children of a K-1 visa applicant. They are entitled to "derivative" status and may apply to accompany the K-1 visa holder or follow-to join their parent within one year of the K-1 visa's issuance.

6. Adjustment of Status for a Green Card

If the couple gets married within 90 days of the applicant coming to the US, the applicant, who is now a spouse, can file a Form I-485 Application to Register Permanent Residence or Change Status in order to get a Green Card.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.