IMMIGRATION ATTORNEY
Take the worry, work, and pressure out of the fiancee visa process for both you and your Fiancee and put the experience and expertise of our Firm to work for you today!
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Compared to other immigrant and nonimmigrant visas, K-1 visa processing times are fairly short. The sole purpose of the K-1 visa is to facilitate the marriage of an alien fiancee to a US citizen in the United States. If the foreign national does not marry the U.S. citizen petitioner within the ninety (90) day period, s/he must leave the United States or become subject to removal (deportation). K-1 visas are not available for the fiancees of Lawful Permanent Residents (green card holders).
Obtaining the K1 visa is a multi-step process.
Filing the Fiance Visa Petition
The U.S. citizen (also knows as the "petitioner") submits a petition for his or her foreign fiance (also known as the "beneficiary") to the USCIS.
- The petitioner submits Form I-129F Petition for Alien Fiance, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center.
- After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received.
- Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved.
- The USCIS Service Center forwards the petition to the National Visa Center.
- The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiary's embassy, as listed in the I-129F.
Acquiring the Fiance Visa
- The embassy receives the file and processes it locally.
- Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiance(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, the following documents are normally required:
1. Valid passport
2. Birth certificate
3. Divorce or death certificate of any previous spouse
4. Police certificate from all places lived since age 16
5. Medical examination
6. Evidence of support (including Form I-134)
7. Evidence of valid relationship with the petitioner
8. Photographs
- The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy.
- Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview.
- The beneficiary attends a medical interview.
- The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case.
- If approved, the K1 fiance visa will be issued that day or within the week, depending on the embassy.
Activating the Fiance Visa - Entering the U.S.
- The beneficiary will travel to the U.S. within 6 months of the K1 fiance visa being issued.
- At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S.
First Steps - In the U.S.
The K1 fiance visa holder should apply for a Social Security number shortly after entering the U.S.
The couple may now apply for a marriage license. Most states apply a short waiting period between applying for the license and the marriage ceremony.
Marriage
- The marriage must take place within 90 days of activating the K1 visa.
After Marriage
- Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. If the foreign spouse is making a name change after marriage, take the new Social Security card and marriage certificate back to the Social Security Administration office to make a name change on the card. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).
- If your I-485 is approved prior to two years after you were married you will be issued a "Conditional" Permanent Resident status (green card) which is valid for only two years. If you are interviewed and approved greater than two years after you were married you will get a full normal Permanent Residency with no conditions valid for ten years. The time it takes to approve an I-485 depends on where you live and the nearest local USCIS office's processing timeline.
Adjustment of Status
It is important to file for the AOS before the K1 expiry date, otherwise you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.
If you were given a "conditional permanent residency", after two years from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.
Further on down the road, you can apply to become an American citizen (naturalization).
Family Members
You may also apply to bring your fiance(e)'s unmarried children, who are under age 21, to the United States. The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Filing Limitations on K Nonimmigrant Petitioners: If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with the I-129F petition accompanied by documentation of your claim to the waiver. If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.
Your fiance(e) may enter the United States only one time with a fiance(e) visa. If your fiance(e) leaves the country before you are married, your fiance(e) may not be allowed back into the United States without a new visa.
Congress limited the path to permanent residency by providing that K visaholders can only adjust to permanent resident status based on marriage to the fiance(e) (prospective husbands or wives) who petitioned for them, not based on a marriage to someone else or any other basis. Congress also created the conditional permanent resident status to enable the government to gather two years of evidence about a marriage before granting full permanent resident status
How Can I Appeal? If your petition for a fiance(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)
The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiance(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiance(e) visa application may result in lost time, visa denials or arrest and deportation of the fiance(e) where the USCIS suspects fraud.
Take the worry, work, and pressure out of the fiancee visa process for both you and your Fiancee and put the experience and expertise of our Firm to work for you today! We always work hard to help you with your immigration needs. To schedule an initial consultation with an Immigration Attorney, e-mail us svetlana@svetlanas.com
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