A K-1 fiancé visa is a nonimmigrant visa for a foreign national fiancé of an American citizen. A K-1 visa allows the foreign national fiancé to arrive in the US to marry their American sponsor within three months of arriving. The foreign national then applies to adjust their status to permanent resident after they are marred in the US. Obtaining a K-1 visa means you must meet certain requirements of an immigrant visa.
Fiancé Overview
The US State Department states that a foreign-born fiancé of an American citizen may receive a Petition for Alien Fiancé (Form I-129F), and subsequently, a K-1 nonimmigrant visa to marry their US citizen fiancé in the United States. The American citizen and K-1 applicant must have been legally free to get married when the visa petition was filed, and most remain so afterwards. The marriage has to be legally possible according to US law.
In most cases, the foreign national and American citizen have to have met face-to-face in the last two years, but USCIS might grant an exception in cases of extreme hardship. For instance, some cultures prohibit that a man and woman meet before they are married.
How To Apply for And Receive a K-1 Visa
- First, the US sponsor must file Form I-129F with USCIS, which should be done at the office closest to you.
- After the petition is approved, it’s sent to the National Visa Center (NVC), which will provide a case number and send the petition to the consulate or embassy when the foreign national lives.
Next, the NVC mails you a letter when the finance case is sent to the appropriate consulate or embassy. Once you receive the letter, tell your fiancé to take the following actions to apply for the visa and be interviewed. The following forms and documents should be brought to the consulate or embassy for the visa interview:
- Form DS-160, Online Nonimmigrant Visa Application
- A valid passport that can be used to go to the US. The validity date should be at least six months beyond when she intends to stay in the country.
- Birth certificate.
- Police certificates from the country where you live, as well as all countries you have lived in for at least six months since age 16.
- Medical examination records; vaccines may be optional.
- Evidence of financial support, which may include Form I-134, Affidavit of Support.
- Two 2×2 photographs.
- Evidence of the relationship with your fiancé in the US.
- Fees (State Dept. visa services fees; USCIS filing fees)
How Long Does It Take to Get a K-1 Visa?
After filing the Form I-129F, you can go to the USCIS to check its status. After the case is received from the visa center by the US consulate or embassy, the length of time depends on the circumstances.
Some fiancé visa applications are delayed because the applicant fails to follow instructions or does not submit the correct documents. Note that it is especially important to provide correct telephone and postal addresses. Certain visa applications may require additional administrative processing that takes added time after the visa interview.
After the applicant receives their K-1 visa, the consular officer will provide their passport with the visa stamp and a sealed envelope that contains the documents required for the application. This sealed packet may only be opened by a DHS immigration official when you enter the US.
Obtaining a K-1 fiancé visa is a complex process that takes plenty of time and effort. If you want to obtain a fiancé visa, it can be a smart move to retain an immigration attorney to shepherd you through the process.