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

Acheampong & Associates

Acheampong & Associates

Expert immigration, corporate, and family law firm in Ghana with a client-centered approach, established in 2015.
  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.

To get a K-1 fiancé visa, both parties must plan to get married within 90 days of the K-1 nonimmigrant applicant’s arrival in the US. 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 you marry your fiancé(e) within 90 days of him or her coming to the US as a K-1 nonimmigrant, he or she can apply for a Green Card.

  1.     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.
  1.     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 include proof of a real relationship, a requirement that the two people have met in person before, and the intention to get married within 90 days of the applicant’s arrival in the US. Photos, entry and exit stamps, proof of living together, affidavits from family and friends, and written statements saying the couple plans to get married within 90 days of coming to the US can all be used as proof.

If the petition is approved by USCIS, the case will be sent to the National Visa Center (NVC) to be processed further. When the petition is approved, the NVC will give it a case number and send it 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 can revalidate the petition multiple times for additional four-month periods from the date of revalidation, as long as they are sure that the petitioner and the beneficiary are still legally free to marry and still plan to marry within 90 days of the applicant’s admission to 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. Among the steps are filling out a Form DS-160, setting up an interview, getting a police report, getting a medical exam, and giving the original copies of all relevant financial documents. The applicant must appear before a consular officer for an interview.

  1.     What documents do I need to submit for my Fiancé (K-1) visa interview? proof 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 isn’t sure that the relationship is real, they will deny the visa and send the petition back to the USCIS with a suggestion that it be revoked. 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.

  1.     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 have “derivative” status and can apply to accompany the K-1 visa holder or follow-to join their parent within one year of the K-1 visa being issued.

  1.     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.

What is a U.S. immigrant Visa?

Disclaimer: This article only provides general information and guidance on US immigration law. The specific facts that apply to your matter may make the outcome different than you had anticipated. The writer will not accept any liability for any claims or inconveniences resulting from the use of this information.

 

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