The K-1 Visa: From Application to Approval
Bringing your soon-to-be spouse to the U.S. on a K-1 Visa can be an exciting and joyful experience. However, there are specific conditions you need to meet. You'll need to file Form I-129F, "Petition for Alien Fiancé(e)," which helps you obtain the K-1 visa for your nonimmigrant fiancé. In this blog, we'll cover everything you need to know about the K-1 visa.
What is the K-1 Visa?
The K-1 nonimmigrant visa allows you to bring your foreign fiancé to the U.S. for marriage. Also known as a fiancé visa, it permits your partner to enter the country and marry you. After the marriage, your foreign fiancé can become a permanent resident (LPR) through the marriage green card process in the U.S.
To maintain visa validity, you must marry your fiancé within 90 days of their arrival in the U.S. According to immigration law, if the K-1 visa holder doesn't marry their U.S. citizen fiancé within this period, they must leave the country. After the marriage, your spouse can apply for an adjustment of status to become a lawful permanent resident.
How to Apply for a K-1 Visa
The K-1 visa application process is complex and requires careful attention to detail. As a U.S. citizen, you'll need to file an official K-1 visa petition for your foreign fiancé. This involves submitting Form I-129F to the U.S. Citizenship and Immigration Services (USCIS). This document serves as proof of your relationship and intention to marry. Be sure to include evidence of your in-person meeting, such as photos, travel itineraries, or other relevant documentation.
You'll need to gather several important documents, including your fiancé's passport, birth certificate, and police clearance certificate. There's also a fee associated with the visa application. It's crucial to research thoroughly and follow all steps correctly to ensure a smooth process.
This blog aims to be a comprehensive resource for those planning to bring their fiancé to the U.S. on a K-1 Visa. We'll cover everything from the visa's purpose and function to the application steps.
If you're ready to start planning your future together, let's dive in!
If your petition is approved, your fiancé's visa application will be forwarded to the National Visa Center (NVC). At this stage, your fiancé will need to submit an official application and attend an interview with a Consular Officer at their local U.S. Embassy or Consulate. They'll need to bring the required documents, including their passport, medical examination results, and proof of your relationship.
Upon approval of your fiancé's visa, they'll receive a visa stamp in their passport. They can then travel to the U.S., where you must marry within 90 days of their arrival.
Here are the documents you'll need to submit for a K-1 visa application:
Passport: Ensure it has at least eight months of validity. If you have children, they'll need their passports too.
Photos: One photo (5×5 cm or 5×7 cm) is required for each visa applicant, regardless of age.
Birth Certificates: Provide the original or a certified copy of your birth record. For adopted children, include a certified copy of the final adoption order.
Prior Marriage Documentation: If previously married, submit original divorce decrees, death certificates for ex-spouses, or original annulment orders.
Proof of Relationship: You must provide evidence of your relationship with your U.S. citizen fiancé.
Military Records: If you've served in any country's military, include a copy of your military record.
Medical Exam: All visa applicants, regardless of age, must undergo a medical exam before the visa interview. Include these medical exam records with your application.
Eligibility Criteria for a K-1 Visa: While obtaining a K-1 visa is generally straightforward, you must prove your eligibility and intention to marry your U.S. citizen fiancé within 90 days. Consider the following requirements:
For the U.S. Citizen Petitioner:
Mus be a U.S. Citizen
Must demonstrate a genuine intention to marry within 90 days of the fiancé’s arrival in the U.S.
Must be ablt to provide financial support for their fiancé.
For the Foreign Fiancé:
Must be legally free to marry the U.S. citizen fiancé.
Must undergo and examination by an approved panel physician.
Should have no significant immigration violations or criminal records.
How long does it take to get a K-1 Visa?
The K-1 Visa processing time can vary, but it typically takes about 6-8 months. Currently, it takes approximately six months for USCIS to process a K-1 application (Form I-129F). After approval, USCIS transfers the case to the National Visa Center (NVC), which usually takes four to six weeks to process.
After your K-1 visa is approved:
Travel to the U.S. and marry your fiancé within 90 days of arrival. Failure to do so will require you to leave the country.
Apply for an adjustment of status to obtain a Permanent Resident (Green) Card.