Changes are coming! If you’re engaged to be married and are going through the K-1 Visa petition process, 2020 has been a rough year! During what should be one of the happiest times in your life preparing to get married, you’ve likely faced frustrating delays, problems at the National Visa Center, or consulates around the world, slowing the whole thing down and barring you from moving ahead with your future. If you have been dealing with K-1 visa issues you might be wondering if the nightmare will continue into 2021 when Biden takes over?
What Are K-1 Visas?
There are a number of visas that exist to help people enter the United States. Among one of the most popular is the K-1 visa or the Fiance Visa. This type of visa is for nonimmigrant foreign-citizens who are engaged to be married to a United States (U.S.) citizen and plan to live in the United States. This visa is good for 90 days and is approved on the basis that the recipient and their American fiance will get married within that timeframe. After that, they will apply for permanent residency with both the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS).
To be eligible for a K-1 fiance both the foreign citizen and the American citizen have to be legally free to marry each other and legally eligible to get married. They also must have met in person at some point in the last two years, the only exception to this condition is if it is culturally unacceptable for the future spouses to meet each other before the marriage ceremony.
When applying for a K-1 visa you will need the following documents:
- A Completed Form DS-160, Online Nonimmigrant Visa Application. You must complete this form and print the confirmation page of the form to bring to your interview.
- A valid passport for travel into the United States that will not expire for at least six months beyond the intended period of your stay in the U.S.
- A valid Birth certificate.
If either party has a previous spouse divorce or death certificate(s) are required
- Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16
- A medical examination document
- Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
- Two photographs measuring 2×2, taken in color, within the last six months, with a white background and a neutral facial expression.
- Comprehensive evidence of the romantic relationship between both parties
There are also fees involved when applying for a visa, it is best to look at the United States Department of Travel website for up to date information on what those will entail.
And for foreign citizens who plan to bring eligible children under the age of 16 with them, they will also have to apply for K-2 visas for those children.
How will K-1 Fiancé Visas Change?
In this video, Los Angeles immigration lawyer Joshua Goldstein discusses how K-1 Fiancé Visas will be changing in 2021:
In 2020 K-1 Visa Processing Stopped
With the inset of the Coronavirus in 2020, the Trump administration decided to arbitrarily stop processing K-1 fiance visas, even though the two things are not necessarily linked to each other. This stoppage of processing created slowdowns at consulates all around the world, keeping people who are in love and plan to be married from being able to be together.
Biden Should Start Processing K-1 Visas Again
With the Biden administration poised to take over near the end of this month, it is the belief that K-1 visas will start to be processed again. The Coronavirus is still a very serious threat around the world, and it will still impact the visa and immigration process into the United States but there is a real desire to see consulates become competent and functioning again, and that the system of processing K-1 fiance visas will be back on track by the end of 2021. Not only that but we anticipate a number of changes to the immigration process in 2021 once the Biden administration takes over the oval office.
Help is Available!
If you are currently dealing with a delay in your visa being processed whether it is a K-1 fiance visa or some other type such as an F4 Visa, or Humanitarian Visa, at Goldstein Immigration Lawyers we can help. We have successfully fought for visas for people all over the world, from places like Casablanca, Pakistan, Cairo, and more and we can help you. Contact our office today for any immigration questions you might have. We are here to help!