
K1 Fiance Visa
My firm’s experience will ensure that your paperwork
is filled out correctly, submitted with the required documents and that all of the necessary rules and requirements will be met.
With our help, the process will work for you.
You focus on your new relationship and life together
as a couple and I will ensure that you
get the proper legal permission to immigrate
to the United States as you desire!
What is a Fiance Visa?
A K1 Fiancé Visa (also known as a K1 Visa) is a type of visa that allows a foreign-citizen fiancé of a U.S. Citizen to enter the United States for the sole purpose of getting married. The foreign-citizen fiancé must marry his or her U.S. citizen sponsor (also known as a petitioner) within ninety days of arriving in the United States. If you are a U.S. citizen and you want to legally bring your fiancé into the country then a K1 Fiancé visa may be the best and fastest option for you. Although a K1 Fiancé visa is a non-immigrant visa, the foreign-citizen fiancé will still need to meet some of the requirements of an immigrant visa since a K1 visa essentially allows a foreign-citizen fiancé to marry a U.S. citizen shortly after arrival.
The K1 Visa Application Process
Before beginning the application process for a K1 Fiancé visa, you, a U.S. citizen, must meet the following requirements to file a petition for Alien Fiancé. You must be a United States citizen. You must have met with your fiancé within the past two years and provide proof. In certain, extreme circumstances, the meeting required may be waived for instances of extreme hardship or an inability to meet due to religious reasons. You and your fiancé must also be free and clear to legally marry at the time the petition for the alien Fiancé is filed and remain so thereafter. This means that you are both unmarried, or that any previous marriages have ended in divorce, death, or annulment and you have the documentation to prove it. You and your fiancé must also have a serious intention to marry within ninety days of your fiancé entering into the U.S. Finally, you will have to submit an Affidavit of Support to show that your US Citizen fiancé can financially support you once you move to the U.S.
The first step in obtaining a K1 Fiancé visa entails the filing of a Petition for the alien fiancé by the U.S. Citizen (also known as the Petitioner). This Petition is filed with the United States Citizenship and Immigration Services (USCIS) and must be sent to the appropriate USCIS Service Center, which is based upon the geographic residency of the U.S. Citizen. This petition is called the I-129F or Petition for Alien Fiancé. It is important to note that form I-129F cannot be filed abroad and that it is only valid for four months once USCIS has approved it. A U.S. Consular officer can, however, extend the petition for the purpose of processing the visa application.
How long does it take to get approval of the I-129F Petition?
One of the biggest advantages of hiring an experienced attorney to handle your visa immigration case is the fact that experience can and typically will expedite the process. With the help of our office, we can help you obtain approval from USCIS in about 90 to 120 days. Listed below for your information are some of the steps that an application may go through during processing.
Application is accepted – If the application is properly filed, USCIS will issue a receipt number and notify the petitioner that the application has been approved.
Initial Review – During this step USCIS will conduct a background check of the petitioner and identify and/or address any issues that may need to be addressed.
Request for Evidence – If the application is missing or contains incomplete information, a request for evidence will be sent to the petitioner.
Response Review – Once USCIS receives any information that was requested, it will be reviewed and the application process will continue.
Decision – During this step, a decision is reached and notice is mailed or emailed to the petitioner.
If USCIS approves the petition, it is sent to the National Visa Center for further processing and it will later be forwarded to the U.S. Embassy or Consulate closest to the foreign-citizen fiancé for further processing. It is at this time, that the foreign-citizen fiancé will need to file further forms and documents with the US Embassy or Consulate and schedule a visa interview.
Applying For A K1 Fiancé Visa
Once the U.S. Embassy or Consulate has received notification that the application has been processed and approved, it will send notice to the foreign-citizen fiancé as well as a specific set of instructions on how to proceed with the process of applying for a K1 visa. Most notably the foreign fiancé will be given instructions on how to schedule a K1 visa interview and a medical examination.
K1 visa applicants will need to schedule and undergo a medical examination performed by an authorized physician. Instructions will be given to the foreign fiancé on how and where to schedule a medical examination as well as the names of authorized physicians. Although K1 visa applicants are not required to get the vaccinations required of visa applicants, they are strongly encouraged to do so since they are necessary when changing their status to a legal permanent resident once married and living in the US.
It should be noted that the K1 visa application process varies from country to country but nonetheless there are some pretty standard and general requirements. Below are some general documents that a foreign fiancé may be required to bring with them to the visa interview.
- All pertinent visa applications including two nonimmigrant visa applications, one nonimmigrant fiancé visa application and application for immigrant visa and alien registration.
- A passport
- Divorce or death certificates of any previous marriages for both parties
- Medical examination papers
- Proof that you can financially support yourself or an affidavit of support may have to be filed by the U.S. citizen
- Evidence of relationship with U.S. citizen fiancé
- Two 2x2 photos
How Long Will It Take To Get A K1 Visa?
Unfortunately the length of time to obtain a K1 visa once the U.S. Embassy or Consulate receives the petition varies from case to case and country to country. In order to minimize the amount of time it takes to process your application, it’s best to follow the instructions provided as closely as possible and to ensure that all the information you provide is complete.
If your K1 visa application is approved you will issued a K1 visa, your passport and a sealed package of documents which must remained sealed until opened by an immigration official at a U.S. port of entry. From the date the K1 visa is issued, you will have a period of six months to travel to the United States. Once you are allowed entrance into the United States, you have a period of ninety days to marry your U.S. citizen petitioner.
Eligible children of K1 fiancé visa applicants can file for K2 visas and must file separate applications and pay all applicable fees as well. The children must be listed by the U.S. petitioner on Form I-129F.
It is important to note that a K1 visa only allows a foreign citizen to travel to a United States port of entry and request permission to enter the country. A K1 visa does not guarantee entry into the U.S. and ultimately the Department of Homeland Security and U.S. Customs and Border Protection will permit or deny you entrance into the United States.
Why Might A K1 Visa Get Denied?
K1 fiancé visa applications are scrutinized just as standard immigrant visas are and there are many reasons for a K1 visa being denied. Some of the more obvious reasons are a lack of or incomplete documentation, medical concerns, criminal backgrounds, lack of proof of a legitimate relationship, a need to verify documentation or information provided by the applicants, or insufficient financial documentation to prove that the US Citizen Petitioner can financially support his or her foreign-citizen fiancé. Another common reason for denial is where a previous marriage for one of the parties has not been legally terminated.