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the_information_nexus/personal/k-1_visa.md
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🛂 Overview

The K-1 visa allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of marrying within 90 days. After marriage, the foreign spouse may apply for a Green Card.

✅ Eligibility Requirements

You may apply if:

  • You are a U.S. citizen.
  • You and your fiancé(e) intend to marry within 90 days of U.S. entry.
  • You are both legally free to marry.
  • You have met in person within the past 2 years, unless granted a waiver for cultural or hardship reasons.

📝 5-Step Process

Step 1: Petition (USCIS)

  • File Form I-129F to petition for your fiancé(e).
  • USCIS reviews, may request more info.
  • If approved, the case is sent to the National Visa Center (NVC).

Step 2: Visa Application (State Department)

  • NVC sends the approved petition to the U.S. Embassy/Consulate near your fiancé(e).
  • Your fiancé(e) applies for the K-1 visa and attends an interview.
  • If approved, the visa is valid for 6 months, single entry.

Step 3: Entry (CBP)

  • Fiancé(e) travels to the U.S. and is inspected by Customs and Border Protection (CBP).
  • CBP makes the final decision to admit.

Step 4: Marriage

  • Must marry within 90 days of entry.

Step 5: Green Card (USCIS)

  • After marriage, spouse files Form I-485 for Adjustment of Status (Green Card).
  • Interview is usually required.
  • If married less than 2 years, Green Card is conditional and valid for 2 years.
  • File Form I-751 to remove conditions before it expires.

🕒 Processing Times

🔗 More Info

Here is a deep technical reference guide for Form I-129F, Petition for Alien Fiancé(e), suitable for legal, immigration, or operations professionals needing precision and completeness.

🧾 Form I-129F: Petition for Alien Fiancé(e) or Spouse

📌 Purpose

Used by U.S. citizens to request:

  • A K-1 visa for a foreign fiancé(e) and their K-2 eligible children, to marry in the U.S. within 90 days of entry.
  • A K-3 visa for a foreign spouse and their K-4 children, while awaiting adjudication of Form I-130 (Petition for Alien Relative).

🔍 Edition & Format

  • Current Edition Date: 01/20/25
  • Ensure all pages match this edition; inconsistent versions may be rejected.
  • Edition date located at the bottom of each page.
  • Use Adobe Reader for viewing/printing.

🗃️ Filing Location

If using U.S. Postal Service (USPS):

USCIS
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151

If using FedEx, UPS, DHL:

USCIS
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business, Suite 400
Lewisville, TX 75067-8003

❌ Do not file at USCIS international offices.

💵 Filing Fee

  • Check current fee at USCIS Fee Schedule.

  • Payment Methods:

    • Money order, personal or cashier’s check (payable to U.S. Department of Homeland Security)
    • Credit/debit card via Form G-1450

  • Important:

    • Fees are non-refundable.
    • Submit separate payments per form (no combined payments).
    • Use the USCIS Fee Calculator.

📥 Initial Evidence Checklist

Do not submit this checklist with the form.

🔹 For All Petitions (K-1 or K-3):

  • Proof of U.S. citizenship (one of):

    • Birth certificate (U.S.-issued)
    • Naturalization/citizenship certificate
    • Form FS-240 (CRBA)
    • Unexpired U.S. passport (copy)
    • Statement from a U.S. consular officer

  • Legal termination of prior marriages (if applicable):

    • Divorce decree, annulment order, or death certificate

  • One color passport-style photo each of petitioner and beneficiary (taken within 30 days)

  • Evidence of legal name change (if applicable)

  • G-28 (if represented by attorney)

  • Evidence supporting IMBRA waiver (if applicable)

🔹 K-1 Specific Evidence:

  • Proof of intent to marry within 90 days

  • Evidence of in-person meeting within 2 years OR

    • Request for waiver citing:

      • Cultural/social customs
      • Extreme hardship to petitioner

🔹 K-3 Specific Evidence:

  • Copy of Form I-797C (showing Form I-130 filed)
  • Valid marriage certificate

✍️ Form Completion Requirements

  • Mandatory Fields (Form will be rejected if missing):

    • Part 1: Petitioner's full name, DOB, mailing address, classification sought
    • Part 2: Beneficiary’s full name, DOB, classification sought

  • Signature: Required. Unsigned forms will be rejected.

  • Use Tips for Filing Forms by Mail.

📲 E-Notification

  • Use Form G-1145 to get text/email confirmation of acceptance.
  • Clip it to the first page.

⚠️ Do NOT Include:

  • Electronic items (e.g., CDs, USBs, greeting cards with chips)
  • Graphic photos or DNA samples
  • Non-paper materials

Acceptable: photos or copies of evidentiary items.

🔄 Withdrawal Requests

  • Submit signed written withdrawal before visa issuance to USCIS.
  • If visa already issued: contact U.S. Department of State.
  • After K-1/K-3 admission to U.S., petition cannot be withdrawn.

🧯 Fraud and Victim Resources

  • Report suspected marriage fraud: ICE Online Tip Form
  • Victims of Immigration Crime: Contact ICE VOICE Office

⏱️ Processing & Status Tracking

🔗 Downloads

Here is a comprehensive technical reference section for the sibling-based immigration process in the U.S., integrated as an additional module in your larger immigration documentation.

👥 Petitioning to Bring Siblings to the U.S. as Permanent Residents

📌 Overview

U.S. citizens aged 21 or older may sponsor their siblings (brothers and sisters) for lawful permanent residence (Green Card). Legal permanent residents (Green Card holders) are not eligible to sponsor siblings.

🗂️ Required Documentation

The petitioner (U.S. citizen) must submit:

  • ✅ Form I-130, Petition for Alien Relative (Only one Form I-130 is needed per sibling; do not file separate forms for their spouse or minor children.)

  • ✅ Proof of U.S. citizenship, one of:

    • Valid U.S. passport (copy)
    • U.S. birth certificate
    • Consular Report of Birth Abroad
    • Naturalization certificate
    • Certificate of citizenship

  • ✅ Proof of sibling relationship:

    • Your birth certificate
    • Your sibling’s birth certificate
    • Both must show at least one common parent

🧾 Special Sibling Scenarios

If the sibling relationship arises through:

  • Adoption
  • Step-relationships
  • Paternal half-siblings

👉 You must provide additional legal documentation establishing the familial relationship as valid under U.S. immigration law (e.g., adoption decree, marriage/divorce certificates showing timeline alignment, evidence of parental legitimacy).

⏳ While the Petition is Pending

❌ Siblings cannot immigrate while Form I-130 is pending.

  • They are generally ineligible for nonimmigrant visas due to immigrant intent, unless a strong case can be made under specific exceptions.
  • Entry to the U.S. must wait until immigrant visa processing is completed and a visa number becomes available via consular processing.

For more, see:

❌ Denials and Appeals

If Form I-130 is denied:

  • The denial notice will include instructions for filing an appeal.
  • Appeals are submitted via Form I-290B, Notice of Appeal or Motion.
  • After fee processing, the appeal is referred to the Board of Immigration Appeals (BIA).

🔄 Following-to-Join Benefits

Applicable to:

  • Spouses and/or children of immigrants who obtained permanent residence via preference categories, and:

    • Were married or had children at the time of their own green card issuance
    • Those relationships still exist

Benefits:

  • No need for a separate I-130 petition
  • No wait for additional visa numbers

How to Apply:

If adjusted in the U.S.:

File:

  • ✅ Form I-824, Application for Action on an Approved Application or Petition
  • ✅ Copy of original immigrant petition (e.g., I-130)
  • ✅ Copy of Form I-797 (approval notice)
  • ✅ Copy of your Green Card (Form I-551)

If filing concurrently with Form I-485, no additional documentation is needed.

If immigrant visa was issued via consulate:

Contact the National Visa Center (NVC):

  • 📧 Email: NVCInquiry@state.gov

  • 📬 Mail:

    National Visa Center, ATTN: WC  
32 Rochester Ave.  
Portsmouth, NH 03801-2909

👪 Petitioning to Bring Parents to the U.S. as Permanent Residents

📌 Eligibility Overview

Only U.S. citizens aged 21 or older may petition to bring parents (mother, father, step-parent, or adoptive parent) to the U.S. as lawful permanent residents.

⚠️ Green Card holders cannot sponsor their parents.

🗂️ Required Documentation by Parent Type

If you are a U.S. citizen and your… You must submit…
Mother lives outside the U.S. - Form I-130
- Your birth certificate (showing both your name and your mother’s name)
- Proof of citizenship (U.S. passport or naturalization certificate)
Father lives outside the U.S. - Form I-130
- Your birth certificate (showing your name and both parents’ names)
- Proof of citizenship
- Parents’ civil marriage certificate
Father is biological, but you were born out of wedlock and NOT legitimated before age 18 - Form I-130
- Your birth certificate (with father’s name)
- Proof of citizenship
- Evidence of a bona fide relationship before age 21 or marriage (e.g., financial/emotional support)
Father is biological, born out of wedlock but you WERE legitimated before age 18 - Form I-130
- Your birth certificate (with father’s name)
- Proof of citizenship
- Evidence of legitimation (e.g., parent marriage, state/country legitimation law)
Step-parent - Form I-130
- Your birth certificate (with names of your birth parents)
- Civil marriage certificate between birth parent and step-parent (must be before your 18th birthday)
- Proof that all prior marriages were legally terminated (divorce, death, annulment)
Adoptive parent - Form I-130
- Your birth certificate
- Proof of citizenship
- Adoption decree (must be completed before your 16th birthday)
- Statement of cohabitation showing dates and places lived together
- Any legal name change documents

🔁 If names have changed, include legal name change documents (e.g., marriage certificate, court decree, adoption paperwork).

🔁 After Filing Form I-130

✅ If Approved:

  • If parent is outside the U.S., they will receive instructions from the U.S. consulate for immigrant visa processing.
  • If parent is already inside the U.S., they may adjust status by filing Form I-485, possibly concurrently with I-130.

➡️ See Concurrent Filing of Form I-485 for more.

💼 Employment Authorization (Work Permit)

If Parent is… Work Authorization Info
Admitted on immigrant visa (consular processing) No separate work permit needed. Passport will be stamped to authorize work until Green Card arrives.
In U.S. adjusting status via Form I-485 Can file:
- Form I-765 for Employment Authorization
- Form I-131 for Travel Authorization

🧒 Important Note on Siblings

  • Minor children of your parents (i.e., your siblings) cannot be included in the same petition.
  • After your parent receives a Green Card, they may sponsor their children.

➡️ See: Bringing Siblings to the United States as Permanent Residents (cross-reference with sibling section)

❌ What if My Petition is Denied?

  • The denial letter will explain your right to appeal and filing deadline.
  • File Form I-290B, Notice of Appeal or Motion.
  • The appeal is reviewed by the Board of Immigration Appeals (BIA).