The process of getting a K1 visa can take anywhere from one to two years depending on how many officials you meet with, what documents you have, and your situation. It is very important to be aware of this timeline as it could determine whether or not you are able to reunite with your family member in the United States.
The processing time depends on several things such as the country that the individual living in America wants to visit for their K-1 petition, if they already have a job in place when they apply for the visa, and whether or not they live close enough to where their department of work will be holding open interviews.
It also takes into account whether or not there has been an arrest or conviction record for fraud or illegal immigration.
The Department of Homeland Security (DHS) determines whether or not you are a risk to public safety by looking at several factors, including your criminal history, mental health diagnosis, drug use, etc.
The process for getting a visa under Section 212(e)(2)(B)(ii) of the Immigration and Nationality Act is what is known as “employment-based”. This means that they look more closely at your job application and interview than general category visas like B1/B2 tourist visas or F1 student visas.
Under this provision, DHS looks into whether you will perform well in the workplace. They want to make sure you can work effectively with people and do your job. If you cannot, then you pose a security risk because you could hurt others or fail to fulfill your obligations at work.
After you have received your I-130 petition, filed it with USCIS, and they approved your application, you can begin to make preparations to come back to America as a spouse or parent.
But before you leave again, there’s one more thing that must happen! The process of getting a K1 visa is long — often taking several months. This is due in part to the large number of people who need to review your file but also the many questions asked during this process.
Does the United States Department of State ever reject an I–129F Petition (the immigrant form) or an I–94 Form (proof of departure clearance)? If so, what are the reasons why?
There are two main reasons that petitions get rejected: invalid proof of relationship or identity, and fraudulent documents.
Since the petitioner has already proven their relationship to the beneficiary by submitting the I–130 petition, proving their own identity is the next step. Applicants usually submit copies of photo IDs such as driver’s licenses or passports, but sometimes additional information is needed.
These include proofs of residency or work status, health insurance cards, and bills paid using the applicant’s name. Make sure everything matches and checks out! Rejected petitions typically do not tell applicants how these things did not match up.
In order to obtain a non-immigrant visa under the K program, you must be able as evidence that you have no criminal records or history of violence.
If you do have such a record, it could hurt your chances of being granted a work permit under the K category. You may even be denied entry into the United States!
In fact, in some cases, if officials discover such information while reviewing your application, they might choose not to offer you a visa at all!
So how can you prove you are a safe person to live with and work with? There’s an easy way to show this – get professional help to manage your stressors.
Healthy lifestyle habits like exercise, diet, and sleep will reduce stress levels. If you know someone who is experiencing significant amounts of stress, ask them about their coping strategies and see what works for them.
It's also important to learn about your symptoms so you're aware when something isn't normal. It may be helpful to talk to someone else about these changes.
We've included links to several websites below that contain additional tips related to proving peacefulness.
Even if you do not pose a risk to national security or significant health, there is still an important step in getting your visa processed. This is referred to as the non-visa related employment certification (or “NVE”).
The NVE process requires employers to check both their state and federal databases to make sure that no criminal charges are pending against you or evidence of misconduct has occurred.
In addition, they must review your social media profiles and look up any information about past unethical behavior. All this takes time, so don’t expect quick results.
It is very important to be aware of this timing requirement because it can take several days — even weeks — before these checks come back.
Even with an approved K-1 visa, you must still be removed from the country within 72 hours of being notified that you have been denied entry. If this occurs while you are in the process of gathering your belongings or completing departure formalities, then it is too late to leave the country!
If there is no clear indication that you will likely commit violence or significant criminal activity after leaving Canada, you can usually remain in the country until your return flight. However, any violation of the conditions of your nonimmigrant status may result in immediate deportation.
It is important to note that even if you believe you do not meet the criteria for a K-1 visa, you might still be able to stay in Canada as long as you have valid travel documents and proof of adequate accommodation outside of Canada.
The length of time it takes to process your visa can feel like an eternity, especially when you’re waiting in line with dozens or even hundreds of other applicants.
There is no set timeline for how long it will take USCIS to review and approve your application, but we do have some general guidelines. If you don’t hear back from them within six months, you should assume that there was a mistake made somewhere along the way and start over.
It’s very difficult to get someone’s paperwork re-reviewed if they haven’t heard anything about it yet, so be sure to check your applications at least twice a month after the initial submission.
The next step is to make sure your visa status is verified! You can verify this via online resources or by speaking with an immigration attorney directly. If you are able to watch TV, there will be many media outlets that can tell you if you have active visas and what kind.
Online tools such as Google and Yelp are very helpful in finding answers quickly. By using these sites, you can research whether someone has reported issues at the local embassy or consulate, as well as any comments left behind about the process.
By talking to people who have already processed their paperwork, you can get some tips to help ensure the fastest processing time.
As mentioned earlier, spouses of US citizens can apply for a K1 visa if they are married to their partner in a formal ceremony or within three months. The process takes around six weeks once it has been started.
After your application is accepted, an immigrant visa officer will interview you both at a local USCIS office. This must happen no later than 30 days after we have received your documents.
During this time, make sure to be prepared for the questions that may be asked. We recommend doing some research about how to prepare for the interview. You also want to be familiar with the laws in the country where the interview will take place.
