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K1 Fiance Visa Step-by-Step Guide on Filing an I-129F for a Foreign Fiance

Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship: Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE . Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case.  

Mail the I-129F Package to the USCIS You should mail the completed form(s) to the   USCIS address here . Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT! Make   TWO   copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain   ALL   original supporting Evidence since the USCIS has the right to check them by issuing an RFE ( Request For Evidence ). If you receive an RFE , follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.  

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What to send to your fiance once the I-129F is approved (Receive NOA2):

NOTE: Tip Regarding Vaccination Records The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially   additional required vaccinations   performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for   Adjustment of Status   if your DS-3025 form is not available).

After the K-1 Fiance Visa is Approved: Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit. If the K-1 Visa holder intends to live and work permanently in the United States they should   apply to become a permanent resident   after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed. Note:   A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an   Electronic I-94   is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having   applied for and received approved Advance Parole   -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Edited June 17, 2023 by Captain Ewok

NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.

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• Duke Alfonse III , Gigi3 and jgot

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• 15 Comments

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Posted November 24, 2019

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What supporting documents do military personnel use for I-134?

• Captain Ewok

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Share on other sites, captain ewok 1,857.

Posted November 27, 2019

On 11/24/2019 at 1:46 PM, Otemia said: What supporting documents do military personnel use for I-134?

Here ya go:

Posted December 11, 2019

Hello visajourney..i was interviewd last dec 9. The consul says it went well and she gave me 2 pamphlet about domestic violence..but she notice my birth certificate was late registered so she gave 221g paper and wrote need any document like supporting document on my birt cert..i send it the next day and they already recieved as of this time..just wanna ask how long will i have to wait for my visa to approved? Hope to hear and get an an advise..am i approved? Just curious thanks and have a good day

loren jellison 0

Posted December 31, 2019

hi guys ..happy new year ...i just wanna ask about my status ...i recieve a RFE which is about my i 864 ... do i need to do a cover letter for that or what kind of form i need to send ?? we are not filling for a joint sponsor ... thank you and your response much appreciated ...

Penguin_ie 5,986

*****  Please post questions in our FORUMS, not here *********

Posted July 23, 2020

We don’t have enough space to write down addresses, is it okay to add a blank page as a supplement specifying the parts and items? 

Posted March 27, 2021

NOT CORRECT!!!! YOU DO NOT NEED A WET INK SIGNED LETTER OF INTENT FROM BENEFICIARY TO BE MAILED, a photocopy of the signed document is ABSOLUTELY okay. 

2 forms of proof of this - the official I129f instructions states this: PROOF 1 of 2 - pg 2 of https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a stamped or typewritten name in place of a signature. note:  a signature is not a stamp, and it is not type written.  Typewritten definition is to be a font from computer or typewriter.

PROOF 2 of 2 - from USCIS policy manual https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2  see valid signatures, it says it in plain English A signature is valid even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced. Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified. The regulations do not require that the person signing submit an “original” or “wet ink” signature on a petition, application, or other request to USCIS.

Posted May 6, 2021

Hello.  Does the letter  certifying an intent to marry within 90 days of entering the US has to be notarized?

BeautyfromAshes 10

Posted June 23, 2021

On 5/5/2021 at 5:44 PM, Mario82 said: Hello.  Does the letter  certifying an intent to marry within 90 days of entering the US has to be notarized?

No. Just a sworn statement "I declare under penalty of purgery that the foregoing is true and correct." 

Then sign and date 

Posted July 29, 2021

Does anyone what the current timeline  or backlog for k1 Visa In Haiti?

Posted March 26, 2022

Hello guys, can someone please help me and explain to me what’s the Invoice ID number coz me and my fiancé we have been waiting for this for over 8month now since our file was sent to Kenya coz it’s where I am going to have my visa interview from.can someone help me understand this. Do I have to first pay for the visa interview for me to have the invoice or ?

surya jaiswal 0

Posted March 29, 2023

Thank you for this complete guide about how to get a Fiance Visa, still i had some doubt but A1 passport and visa provider agency helped me a lot to get it done, thanks!

BrandEll526620 0

Posted May 20, 2023

I am a US citizen, planning to file my I-129 form this month (May), but I might be changing my address on November. New address still to be determined as I'll still be looking for a new apartment. Any advice? Should I file the form now or wait for when I move and file it then? Or is there an option to update my mailing address once I get the NOA ?

Jason Sypsa 0

Posted May 22, 2023

On 5/20/2023 at 7:42 AM, BrandEll526620 said: I am a US citizen, planning to file my I-129 form this month (May), but I might be changing my address on November. New address still to be determined as I'll still be looking for a new apartment. Any advice? Should I file the form now or wait for when I move and file it then? Or is there an option to update my mailing address once I get the NOA ?

You should go ahead and file. You are able to change your address as soon as you get the first NOA .

Posted January 19

Just a heads up as of 1/18/2024: I sent an original copy of my birth certificate along with a photocopy of the birth certificate. I received them both back along with a copy of first page of the I-129f petition, a copy of the front of the envelope I sent it in, and a letter from the "SERVICE CENTER DIRECTOR" essentially stating that I didn't need to send the birth certificate and should wait until they ask for it if they decide it is necessary because it slows processing.

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September 29, 2022

K-1 visa: everything you need to know about the fiancé visa.

• Fiance Visa
• 109 comments

The K-1 visa, also known as the fiancé(e) visa, is a nonimmigrant visa that permits a US citizen’s foreign-born fiancé(e) to enter the United States and marry their partner. To get a K-1 visa, the U.S. citizen fiancé must file a Form I-129F in addition to other steps that we will discuss later. Your U.S. citizen fiancé is the petitioner (person filing the petition) and you (the person getting the K-1 visa) are the beneficiary (person benefiting from the petition).

Getting a K-1 visa can be a complicated process. You must meet specific eligibility requirements, and you must follow precise steps. If you fail to file paperwork correctly or complete the necessary steps, your case may face huge delays or, even worse, be denied.

K-1 Visa Eligibility Criteria

To get the K-1 visa, you must fulfill the following criteria:

⦁ Be engaged to a US citizen.

⦁ Have the intention to marry within 90 days of entering the US.

⦁ Have proof of your relationship before the engagement.

⦁ Get married according to US laws while you are in the United States on the K-1 visa.

⦁ You and the US citizen must have met in person at least once in the past two years.

⦁ Exceptions to this requirement will be granted if you can prove that the US citizen faced extreme hardship to come and visit the foreign citizen’s fiancé. Extreme hardship can be proved to conditions of culture, customs, or other factors.

⦁ Any previous marriages that either of you have had are legally terminated.

What Are the Documents Required for a K-1 Visa Application?

Here are the documents that you should submit when applying for a K-1 visa:

⦁ Valid passport for more than 6 months after your intended stay in the US.

⦁ Two recent US visa photographs.

⦁ Form DS-160 confirmation page and confirmation code.

⦁ Interview schedule letter.

⦁ Approved Form I-129F.

⦁ Criminal background documents.

⦁ Divorce or death certificates in case of a previous marriage.

⦁ Evidence of the relationship with the US citizen.

⦁ Medical examination documents.

⦁ Proof of payments of fees.

How to Apply for the K-1 Visa?

The fiancé visa application has a few steps that both fiancés must follow. The US citizen must first obtain permission from the US Citizenship and Immigration Services ( USCIS ) to bring and sponsor their foreign citizen fiancé to the US. If USCIS grants this permission, the foreign citizen’s fiancé must apply for the K-1 visa stamp at an embassy or consulate abroad .

To get a petition approved from USCIS, you must go through these steps:

1.File Form I-129F.

The US citizen will first need permission from USCIS for the foreign citizen’s fiancé to visit the US. This permission is obtained by filing Form I-129F, Petition for Alien Fiancé, to USCIS. 

2.Process through USCIS. 

When the petition arrives at USCIS, the officials will go through it and review the evidence of the relationship, whether the parties intend to get married, and whether they fulfill the eligibility criteria. If both the US citizen and the foreign citizen’s fiancé fulfill the requirements, then USCIS will approve the petition and send it to the National Visa Center (NVC).

3.Wait for an answer from the NVC.

The NVC will then inform the couple and forward the documents to the US Embassy or Consulate where the foreign national will apply for the K-1 visa. It is important to note that the foreign national cannot apply for the K-1 visa without obtaining the approval of Form I-129F.

K-1 Visa Application Process

After the approval of Form I-129F, you can start your K-1 visa application process.

This portion must be completed by the foreign citizen at a US Embassy or Consulate in their country of residence, by following these steps:

1.Complete Form DS-160.

2. Schedule the visa interview.

3. Complete medical examinations.

4. Compile your document file.

5. Attend visa interview.

Complete Form DS-160

Form DS-160, Online Nonimmigrant Visa Application, is used for US nonimmigrant visas and, in this case, for the K-1 visa. The form will inquire about your personal information and why you plan to go to the US. When you submit it, you will get a confirmation page and code.

Schedule the US Fiancé visa interview

Your visa interview will be conducted if you are between 14 and 79 years old. You will receive an interview appointment confirmation once you schedule the appointment.

Complete medical examinations

If you are traveling to the US, and especially planning to apply for a US immigrant visa in the future, you must have a licensed physician conduct the necessary medical examination. The doctor must write a report stating your current health conditions. Since the fiancé will get married soon and apply for permanent residence, it is also advisable to get the necessary US required vaccination to complete those requirements in advance.

Compile your document file

When you go in for your interview at the US Embassy, you must present the required K-1 visa documents.

Attend visa interview

During the interview, you will have to show your documents and answer any questions the interview officials will have regarding your case. The interviewer will ask questions about your relationship with the US citizen and other details about your background.

Why Does a K-1 Visa Application Get Rejected?

There are various reasons that this could happen, and some of them might be:

⦁ Involvement in criminal activities in the past (ex. drug trafficking).

⦁ You have submitted falsified documents.

⦁ You have overstayed in the US on a previous visa or broken other visa rules.

K-1 Visa Processing Time

The overall time it will take for your K-1 visa to process will depend on many factors, including current USCIS processing times and how busy the consulate or embassy is. It will most likely take several months, so plan ahead for any delays if you are planning the wedding in the US. 

What are the Documents Required to get a K-1 Visa?

The required documents will vary depending on your particular situation and the evidence that you have available. If you are submitting documents that are written in a foreign language, you should include certified English translations of these documents.

Below is a general list of some documents that may be required at the Form I-129F stage. Please keep in mind that this is a general list. You should review your case with an experienced immigration lawyer like myself before determining the documents you should include with your petition.

Required Documentation When Filing Form I-129F

⦁ Photo identification

⦁ Final divorce decrees and any other evidence that you or your fiancé have legally terminated all previous marriages (if applicable)

⦁ Passport photos

⦁ Evidence of legal name change (if applicable)

⦁ Photos of you and your fiancé together

⦁ Flight tickets, itinerary, and passport stamps showing travel to see fiancé

⦁ A signed statement from the K-1 visa beneficiary and the U.S. citizen petitioner expressing each person’s intent to marry the other within 90 days of the K-1 visa beneficiary’s entry to the U.S.

⦁ Phone call logs or text message threads showing regular communication with each other

⦁ Signed statements from friends and family attesting to the relationship between both parties.

K-1 Visa Form

Multiple forms are required throughout the K-1 visa process. Here is a quick overview of some of the forms:

⦁ Form G-28

⦁ Form I-129F

⦁ Form DS-160

⦁ Form I-765

⦁ Form I-485

Form G-28 : The Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. This will allow your attorney to submit applications/petitions on your behalf; represent you before USCIS; and send and receive correspondence with USCIS on your behalf. 

Form I-129F : Form I-129f is called the “Petition for Alien Fiancé(e).” This is the initial form that the U.S. citizen petitioner files with USCIS. This form is filed along with several documents establishing that the petitioner is a U.S. citizen, that both parties intend to get married within 90 days of the K-1 visa beneficiary’s entry to the U.S., and that both parties have met within the last 2 years before filing the petition.

Form DS-160 : The Form DS-160 is the Online Nonimmigrant Visa Application. You must complete this form and submit it online to apply for your K-1 visa. 

Form I-765 : Form I-765 is called the “Application for Employment Authorization.” This form can be filed at 2 separate times throughout the K1 visa process. You may file this form upon entry to the U.S. on a K1 visa to get work authorization before marrying your U.S. citizen fiancé, or when filing Form I-485.

Form I-485 : This form I-485 is the Application to Register Permanent Residence or Adjust Status. This form must be filed to go from nonimmigrant status to permanent resident status (green card). You file this form after you marry your U.S. citizen fiancé. 

K-1 Visa Interview Questions

There are many potential questions that you may be asked during your K-1 visa interview. Here are just some potential questions that you may be asked.

Background questions about you:

⦁ What is your name?

⦁ What is your date of birth?

⦁ Where were you born?

⦁ How old are you?

⦁ What is your nationality?

⦁ What languages do you speak?

⦁ Do you have any children?

⦁ Were you previously married? If so, when?

⦁ If you were previously married, is that marriage now officially over?

⦁ Have you been to the United States before? Under what status?

⦁ Do you have family in the United States?

⦁ Have you ever been arrested?

⦁ Have you ever been convicted of a crime?

⦁ What is your profession?

Questions about the U.S. Citizen Petitioner (Your Fiancé):

⦁ What is your fiancé’s full name?

⦁ When is your fiancé’s date of birth?

⦁ Where was your fiancé born?

⦁ Where does your fiancé live?

⦁ What does your fiancé do for work?

⦁ Has your fiancé been married before? If so, is the prior marriage now over?

⦁ Does your fiancé have children? If so, how many?

Questions About your Relationship with your Fiancé:

⦁ When did you meet your fiancé?

⦁ How did you meet your fiancé?

⦁ Have you ever visited your fiancé in the U.S.?

⦁ Has your fiancé ever visited you in your home country?

⦁ When did you and your fiancé get engaged?

⦁ Did you have an engagement party?

⦁ How did your fiancé propose to you?

⦁ Have you already planned your wedding?

⦁ How many times have you and your fiancé met in person?

⦁ How often do you speak to your fiancé?

Making sure you are prepared for the interview is very important and will make the difference of whether your K-1 visa is approved or not.

The K-1 visa is a special visa that allows the fiancé of a U.S. citizen to enter the United States, get married to their U.S. citizen fiancé, and adjust their status in the U.S. to get their green card. You should now have a much stronger understanding of the various aspects of the K-1 visa, including the K-1 visa benefits, K-1 visa requirements, and the K-1 visa process.

I hope you found this video helpful. Subscribe if this content or information helps you in any way, schedule a consultation if you have any specific questions, comment below if you want me to talk about something in specific, and share this resource because you never know who needs answers to these questions. I’ll see you in the next video.

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The K-1 Visa, Explained

How to get a k-1 fiancé visa to the united states.

What is a K-1 Visa?

The K-1 fiancé(e) visa is a nonimmigrant visa that allows foreign nationals who are engaged to US citizens to come to the US to get married within 90 days. To apply:

• The U.S. citizen partner files Form I-129F with USCIS
• Upon USCIS approval, the petition is sent to the National Visa Center (NVC)
• The NVC coordinates with the foreign fiancé to complete the visa application process and attend an interview at their local consulate

Quick facts

• In 2024, the processing timeline to get a fiancé visa averages 6 months .
• The cost to apply for a K-1 visa is $800. However, this cost will increase on April 1, 2024.
• 24% of K-1 visa applications were denied in FY2023, an increase from 19% in FY2022.

Increase your chance of K-1 Visa approval

Boundless K-1 Visas have a 99.7% success rate

In this guide

• How long does it take for a K-1 fiancé visa to be approved?
• K-1 visa costs
• K-1 visa eligibility
• Step 2: Form DS-160 and interview
• K-1 visa FAQs
• Related Articles
• Fiancé Visa Information
• Boundless Reviews

For applications filed today, the processing time for a K-1 application ( Form I-129F ) averages 6 months. This estimate is based on analysis by Boundless partner Track My Visa Now. After Form I-129F is approved, USCIS can forward the case to the National Visa Center (NVC) in four to six weeks.

Why is this timeline different from the processing times published by USCIS?

U.S. Citizenship and Immigration Services (USCIS) publishes historical application processing times once every three months. According to their most recent release, the wait time for a K-1 visa is approximately 12.2 months.

What is the 2-year rule for a K-1 visa?

The 2-year rule is a crucial part of the K-1 visa process. It is designed to ensure that the relationship between the US citizen and the foreign-citizen fiancé is genuine by requiring couples to provide proof they’ve met in person at least once within the two years before they submit Form I-129F. This doesn’t mean couples need to have been in a relationship or know each other for two or more years; it simply means that before you send in your K-1 visa forms, you must have evidence that you’ve physically met.

Despite the challenges of meeting in person during the pandemic, online meetings, video chats, and phone calls do not satisfy this requirement. However, there are some exceptions to this rule. If meeting in person would conflict with religious or cultural traditions, or if it would result in severe hardship to the foreign-citizen fiancé(e), the rule may not apply.

If the US citizen and their foreign-citizen fiancé(e) did not meet in the previous two years, they may request a waiver of the 2-year rule. This request should be submitted with Form I-129F and must include proof that arranging the meeting was extremely difficult or impossible.

RELATED ARTICLE

• How Long Does It Take USCIS To Process a K-1 Visa in the U.S.?

The current total cost for a K-1 fiancé visa is $800 .

Here is a breakdown of K-1 visa costs:

The government’s required fee for Form I-129F is $675 . An applicant may pay with a money order, cashier’s, or personal check. If you are filing at a USCIS lockbox facility, you can pay by credit card using  Form G-1450 (“Authorization for Credit Card Transactions”). If paying by check, make the check payable to the U.S. Department of Homeland Security. NOTE: USCIS offers a $50 discount if you file Form I-129F online.

Once Form I-129F is approved, the engaged partner of the U.S. citizen must complete a medical exam . The cost for the exam varies by provider, but $200 is typical.

Finally, the actual K-1 visa application fee is  $265. It’s usually paid at the interview —but it’s important to review specific instructions regarding time and place of payment, included in the embassy’s interview notice, which can vary by home country.

These fees do not reflect additional costs, such as translating and photocopying your documents and obtaining required documents, such as your birth certificate.

How much money do you need to sponsor a K1 visa?

To sponsor a K-1 visa, your income must meet or exceed 100% of the Federal Poverty Guidelines . In 2024, this means that for a household of two people (you and your fiancé), you need to make at least $20,440. Note that active duty military members need to meet a slightly higher income threshold, usually 125% of the Federal Poverty Guidelines.

Income requirements change over time, so be sure to check the latest Federal Poverty Guidelines for the most up-to-date information.

If you’re concerned that don’t meet the income requirement, you can add a joint sponsor to your application. This is a friend or family member living in the U.S. with enough income to support you and your fiance.

A K-1 visa is only the beginning of your U.S. immigration journey. Learn what it takes to get a marriage green card and become a permanent U.S. resident.

• Step-by-step guide: How to change your status from fiancé visa to marriage green card

The K-1 fiancé visa allows a U.S. citizen to sponsor their foreign partner to enter the United States legally. Each partner must prove they plan to marry within 90 days after the foreign fiancé arrives in the U.S.

Who can bring a fiancé to the U.S. on a K-1 visa?

• You must be a U.S. citizen. If you are not a U.S. citizen, you cannot use a K-1
• Each partner must be single, e.g., not married. If you were married before, you must show proof (like divorce papers or a death certificate).
• The couple must prove their relationship is real.
• The couple has to prove they met in person at least once within two years of applying for the K1 visa. Some exceptions apply, including cases of extreme hardship or where meeting in person would violate certain religious, cultural, or social norms.
• The couple must each submit a signed document stating they intend to get married within 90 days after the foreign fiancé arrives in the U.S. If available, include other evidence such as a venue booking or wedding invitations.
• The U.S. citizen sponsor must meet the income requirements for a K-1 visa, namely the adjusted gross income on their most recent tax return must equal to at least 100% of the Federal Poverty Guidelines . They may use a joint sponsor if they are not able to meet the income requirement on their own.

Note: Same-sex partners are eligible to apply for a K1 visa, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.

What is the denial rate of the K-1 fiancé visa?

Approximately one out of every four K1 fiancé visas was rejected in FY2023. Out of a total of 56,494 applications processed, USCIS denied 13,833, which is about 24.49%. In the most recent data for the fourth quarter of last year, the denial rate was significantly higher than the 19% reported in FY2022.

• Tips for getting your K-1 visa approved

The K-1 visa application process: Step-by-Step

Step 1: form i-129f.

The first step in obtaining a K-1 visa is for the U.S. citizen fiancé to file Form I-129F (“Petition for Alien Fiancé(e)”) with USCIS. This form proves that the relationship is valid.

Documents that must be included with Form I-129F:

• Proof that the sponsoring fiancé is a U.S. citizen (evidence could include a passport copy, certificate of naturalization, or birth certificate)
• A copy of the foreign fiancé’s passport
• Evidence proving the relationship is real, such as pictures together, travel itineraries for trips taken together, letters from family and friends confirming the relationship, emails or text messages between the partners, and so on.
• The couple must prove they have met in person at least once within the two years before submitting the form. Evidence includes flight bookings, hotel itineraries, pictures, emails, etc.
• Each partner must sign a sworn statement explaining the nature of their relationship and stating they intend to get married within 90 days after the foreign partner arrives in the U.S.
• The sponsored fiancé must include a copy of all previously issued Form I-94 arrival/departure records
• One passport-style photo of the U.S. citizen fiancé and one passport-style photo of the foreign partner

Evidence of relationship in the digital era

The digital era offers applicants additional evidence for their application that could be helpful to consider.

• Screenshots of social media interactions: Consider including select screenshots of your communication on social media, such as posts you’ve tagged each other in, public displays of affection, and chat histories that demonstrate meaningful conversations or experiences you’ve shared.
• Digital communication logs: if you communicate a lot on apps like WhatsApp, Messenger, etc. an organized collection of the depth of your communications could be valuable.
• Shared digital experiences: If you play online together, have shared subscriptions to services, or collaborate on projects online, these shared activities might strengthen your case.

After the form and supporting documents are filed at the appropriate address, USCIS will typically send a receipt notice within 30 days. USCIS may also send a Request for Evidence (RFE) if they need more information. Once Form I-129F is approved, USCIS will send an approval notice.

At this point, USCIS hands off the case to the U.S. Department of State. After the I-129F fiancé sponsorship form is approved, the sponsored fiancé will receive a notice from the U.S. Embassy in their home country, including the date and location of their visa interview and a list of required documents.

Next, the sponsored fiancé must complete the State Department’s online DS-160 form (technically called the “ Online Nonimmigrant Visa Application ”). This is the actual K-1 visa application .

Do not forget to print the confirmation page once the form has been submitted online.

The State Department then requires the following documents:

Sponsored fiancé documents

• Two passport-style photos
• Birth certificate
• Valid, unexpired passport
• Police clearance obtained from all countries of residence of more than six months since the age of 16
• Sealed medical exam form (obtained through physician abroad who is authorized by the State Department)

U.S. citizen fiancé documents

• Affidavit of support ( Form I-134 )
• Most recent tax returns
• Proof of relationship (copy of the approved I-129F package originally filed with USCIS)

The K-1 visa interview

The fiancé visa interview takes place at the nearest U.S. Embassy or consulate in the sponsored fiancé’s home country, usually about 4–6 weeks after the embassy’s initial notice.

The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward. If they need additional evidence, they will request that it be submitted directly to the U.S. consulate.

Step 3: Arrival and marriage!

Once requirements are met and the K-1 visa is approved, the sponsored fiancé is given a total of six months from the date of approval of the initial I-129F form to travel to the United States.

Upon arrival, the couple must marry within 90 days, or the sponsored fiancé will lose K-1 status. If the couple decides not to get married, the sponsored partner will not be eligible to remain in the United States and must leave the country immediately.

Unlike other visas, the K-1 does not allow for a change to another travel visa (F-1, H-1B, etc.). It’s also forbidden to “ adjust status ” from a K-1 visa to a marriage-based green card to anyone other than the original U.S. citizen sponsor. The sole purpose of the K-1 visa is for the sponsored fiancé to enter the United States to join the sponsoring fiancé and get married within 90 days.

After getting married, the final step is to apply for a marriage-based green card, which will be sponsored by the partner who originally sponsored the K-1 fiancé visa. Check out our overview of the marriage green card process , plus our start-to-finish guide for spouses of U.S. citizens living in the United States .

We make it easy to complete your visa application

And we’ll stay with you from form-filling to your immigration interview and beyond

Yes, but only if, after you arrive in the U.S., you apply and are approved for a work permit by completing Form I-765 (Application for Employment Authorization) .

Like the K-1 visa, this employment authorization is only valid for 90 days, starting when you arrive in the U.S.

If you choose to apply for permanent residency after you arrive and file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can include Form I-765 with your application. This would grant you work authorization for one year.

No. The K-1 visa automatically expires after 90 days.

No. The K-1 visa is only open to the fiancés of U.S. citizens. If your partner is a green card holder, they will only be able to petition for your entry if you are already married.

After you’ve entered the U.S. on a K-1 visa and married your partner, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident. Boundless has prepared a guide to adjusting your status , so you can understand the next steps in this process.

Yes, you will need to submit Form I-134 when applying for a K-1 visa.

If you are the fiancé of a U.S. citizen, you can apply for a K-1 visa. If you are the spouse of a U.S. citizen, historically you could apply for a K-3 visa. In recent years, the K-3 visa has been issued on a case-by-case basis. The common path for married couples when one partner lives abroad is the CR-1 spousal visa, which is available to partners of U.S. citizens and green card holders.

According to USCIS , consular posts have been authorized to prioritize K visas. You should check the website of your nearest U.S. Embassy or Consulate for the latest information.

If your U.S. citizen partner has filed Form I-129F (Petition for Alien Fiancé(e)) for you and this petition is set to expire, you may be able to extend the form and avoid having to file a new petition.

Not sure how to get started? Boundless + RapidVisa can help.

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Home » K-1 Visa Path to a Marriage-Based Green Card

K-1 Visa Path to a Marriage-Based Green Card

K-1 fiancé visa explained, what is a k-1 visa.

A foreign citizen may use the K-1 visa to travel to the United States for the purpose of marriage to his or her U.S. citizen fiancé. Once married to the U.S. citizen sponsor, the foreign citizen may apply for permanent residence – represented by a green card — inside the United States.

It’s one of two fundamental ways for a U.S. citizen and foreign citizen to unite in the United States. Alternatively, the couple could marry outside the United States and the foreign spouse would immigrate as an immediate relative (spouse of a U.S. citizen) through consular processing .

We’ve assembled a detailed K-1 visa overview that provides a look at the different steps in the path to a green card. In this process, the petitioner is always a U.S. citizen fiancé, and the beneficiary is the foreign citizen fiancé. If you're ready to get started, see how CitizenPath can help .

The K-1 is a nonimmigrant visa, but it behaves like an immigrant visa. The U.S. Department of State categories the K-1 visa as a dual intent visa. That means it's a nonimmigrant visa, however, the beneficiary may have an immigrant intent.

Eligibility for Fiancé Visa

What are the k-1 visa requirements.

Only the fiancé of a U.S. citizen has a qualifying relationship for the K-1 visa process. The fiancé of a lawful permanent resident does not qualify. Additionally, the couple must satisfy all three of the following requirements:

• Be legally free to marry and intend to marry within 90 days of the fiancé’s admission to the United States.
• The requirement to meet in person would violate strict and long-established customs of the foreign national’s culture or social practice, and that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice; or
• The requirement to meet in person would result in extreme hardship to the U.S. citizen.
• Meet the requirements set in the International Marriage Broker Regulation Act of 2005 .

K-2 Visas May be Issued to Children

If the foreign fiancé has minor children (unmarried and under age 21), they can generally immigrate as well. Upon approval, the child applicant receives a K-2 visa. K-2 children may generally enter the U.S. at the same time as the K-1 fiancé or shortly thereafter.

K-1 Visa Application Process

Do i need to file form i-129f, petition for alien fiancé(e).

There is a visa application, but there's a process to get there first. Before the foreign fiancé may apply for the K-1 visa, the U.S. citizen must file a petition that establishes a qualifying relationship. In other words, there’s a process to confirm that there’s a legitimate relationship that includes an evaluation of the requirements listed above.

The process begins with the U.S. citizen filing Form I-129F, Petition for Alien Fiancé(e) , with U.S. Citizenship and Immigration Services (USCIS). In fact, the petition package should include Form I-129F along with several supporting documents. Generally, the petition package includes:

• USCIS filing fee
• Proof of U.S. citizenship
• Evidence any previous marriages have been terminated
• Passport-style photos
• Evidence of in-person meeting with fiancé
• Evidence of intention to marry within 90 days
• Evidence of a genuine relationship

Additional supporting documents may be necessary. Therefore, refer to your personalized filing instructions from CitizenPath. When you prepare your petition through CitizenPath, we will generate personalized filing instructions based on your specific situation. Our instructions provide detailed guidance on supporting documents, samples, how to organize the package, and where to mail it.

A similar process is available to U.S. citizens and lawful permanent residents that want to bring a spouse (as well as any of the spouse's children) to the U.S. This process begins with the petitioner filing Form I-130, Petition for Alien Relative. Unlike the K-1 visa, this path is available to the spouses of permanent residents also. Learn more in consular processing .

Should I immigrate through a K-1 or CR-1/IR-1 Visa?

If you are considering a marriage-based green card, there may be more than one option. And there are trade-offs between immigrating as a spouse and fiancé. Explore your paths to immigrate based on different factors such as cost, marriage status and location.

K-1 Consular Interview

What happens after uscis approves form i-129f.

Provided that the petition package is well prepared with all supporting evidence, USCIS will typically approve an I-129F in 6 to 9 months. Upon approval, USCIS moves your case to the National Visa Center (NVC). Expect the transition of your case to the NVC to take at least a month. They will contact the foreign fiancé to request the K-1 visa application (DS-160) and medical exam. The NVC will do a background check, collect additional documents, and then forward your case to the respective U.S. embassy or consulate.

Submit the K-1 Visa Application

Submit the online nonimmigrant visa application ( DS-160 ). You can only find the application on the U.S. State Department website. Any eligible children that will accompany the K-1 fiancé must also submit separate applications. Provide answers in English only. The U.S. citizen fiancé may assist or act as an interpreter through this process for the foreign national fiancé. Be sure to print the DS-160 confirmation page for the interview.

Get the Medical Examination

Every applicant, regardless of age, undergoes a medical examination which must be performed by an authorized panel physician. The U.S. embassy will provide directions including a list of approved physicians. Although some vaccinations are not required for K-1 visa issuance, they will be necessary when adjusting status to green card holder following the marriage. Therefore, it makes sense to get them at this time.

The embassy will schedule an interview soon after they've they've collected the these documents and done they're pre-processing. The K-1 visa interview will take place at a U.S. embassy or consulate near the beneficiary. The K-1 applicant and generally any children who you want to receive K-2 visas should attend. In some cases, the U.S. citizen may attend, but it is not required.

The embassy will provide the applicant with a letter that includes a list of items to bring. Typically, the applicant will need to take the following items:

• Form DS-160, Online Nonimmigrant Visa Application
• Passport valid for at least six months beyond intended period of stay in the U.S.
• Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16
• Medical examination
• Form I-134, Declaration of Financial Support
• Passport-style photos (2)
• Evidence of bona fide relationship with the U.S. citizen petitioner

The consular officer will interview the beneficiary to verify the validity of the relationship. For a more detailed overview of how to prepare and what to take to the consular interview, read K-1 Interview Checklist .

The consular officer will generally provide a decision at the end of the interview. The officer may even be able to issue the K-1 visa the same day. However, the visa is typically delivered by courier to the applicant within one week.

U.S. Entry and Marriage

What happens at the interview.

The K-1 visa holder has 6 months to use the visa to enter the United States. Couples should use this time (if necessary) to do any final wedding planning. If several family members intend to travel, this window of time gives you time to coordinate. However, a formal wedding is not required. You may get married in a setting that fits you.

The U.S. embassy will provide the visa holder with a package of documents typically called the "visa packet." Upon arrival to the United States, the K-1 entrant will give the visa packet to the Customs and Border Protection (CBP) officer at the port of entry.

After admission to the United States, the foreign citizen must marry the U.S. citizen within 90 days. The K-1 visa cannot be extended beyond the 90-day period. If there is no marriage, the foreign citizen is required to depart the United States by the 90th day. Of course, most marriages go on as planned. Typically, the foreign citizen spouse plans to stay permanently in the United States. In this case, he or she must apply for a green card through a process called adjustment of status .

Time Line for Fiancé Visa

How long does the k-1 visa take.

The entire K-1 visa timeline from petition to visa may take 9 to 12 months for typical applicants. Understanding the steps in this timeline is even more critical for engaged couples because of wedding plans. Planning for wedding ceremonies that involve a K-1 visa entrant generally require some flexibility. It’s difficult to know exactly when the embassy will schedule an interview and issue the K-1. For a closer look at processing times and steps, take a look at the K-1 processing time .

For the fastest processing, ensure that you meet the requirements and submit a well-prepared petition. Small mistakes and oversights can result in a time-consuming Request for Evidence. CitizenPath can help you navigate this process by submitting a strong petition.

Adjustment of Status

How do i go from k-1 visa to green card.

In simple terms, adjustment of status is the process of applying for a green card from inside the United States. An adjustment of status application typically includes several forms submitted together. The green card time line may take about one year. During this time, the foreign spouse is able to obtain work authorization and travel abroad, provided he or she submits the correct paperwork as a part of the adjustment of status package.

Upon approval of the adjustment of status through a K-1 entry , the foreign spouse becomes a permanent resident of the United States. Subsequently, USCIS will issue a green card as evidence of this status. Permanent resident status gives a person the right to live permanently and work in the United States.

Costs for K-1 Path to a Green Card

How much does it cost to get a green card through a fiancé visa.

In addition to the initial I-129F petition, there are other costs associated with a K-1 fiancé visa. There is an additional cost for the actual visa application and also an immigration medical exam. To clarify, the medical exam must be conducted by a physician approved by the embassy. Costs can vary based on country and typically fall in the range of $50 to $300. Finally, foreign citizen spouses who plan to stay in the United States must adjust status to permanent residence. These costs are spread out over about a year.

*Includes some non-essential forms that can removed for a cost savings

Similar services from an attorney generally cost in excess of $5,000 (plus government fees). CitizenPath is an exceptional solution for do-it-yourselfers that want the reassurance they’re doing everything correctly. Users answer simple questions and receive ready-to-sign forms and detailed filing instructions. We customize your filing instructions based on your answers in the petition so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your petition, and where to mail it.

How CitizenPath Helps You

How do i get started with the visa process.

CitizenPath's affordable, online service makes it easy to prepare Form I-129F, Petition for Alien Relative. Designed by immigration lawyers, the K-1 Visa Petition Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve the petition. Get started >>

Frequently Asked Questions

Your fiancé may be able to enter the United States on a B visitor visa or visa waiver program. However, it’s highly discouraged and may even be fraudulent. The purpose of a B-2 visa is temporary visits for pleasure, not permanent immigration. By entering the United States with the preconceived intent to marry and then adjust status to permanent resident, a foreign national has violated the terms of the visa. A K-1 visa has a dual intent. The visa holder is allowed to apply for a green card.

Persons in the United States with a K-1 visa are eligible to apply for employment authorization. Specifically, they must apply (using Form I-765 ) and be granted an Employment Authorization Document (EAD) before accepting a job. For practical purposes, this doesn't work. That's because the processing time for Form I-765 is significantly greater than 90 days. The EAD would only be valid during the 90 days of the K-1 visa. Further, there is a $410 fee when applying for this eligibility category. It's wasted time and money, but...

It does make sense to apply for employment authorization when adjusting status to permanent resident. The applicant may file Form I-765 concurrently with Form I-485. There is no additional USCIS fee. And the EAD will be valid for one year.

A K-1 visa holder is also permitted to attend school.

Many people want to know if getting a fiancé visa or spouse visa is better. The answer depends on your needs. Everybody is different.

A K-1 visa for fiancés and a CR-1 visa for spouses each have their own benefits and disadvantages. For a more comprehensive analysis, read K-1 Fiancé Visa or Marriage Visa: Which is Better?

Although there are some exceptions, you generally must have met your fiancé in person within the two years immediately before filing Form I-129F. That means that you and your fiancé must have been together in the same physical space, unless the U.S. citizen petitioner establishes that either:

Waivers for this requirement are unusual. Waivers are rarely granted by USCIS because so few couples are able to meet the stringent requirement of extreme hardship. If you require a waiver to the in-person meeting requirement, CitizenPath recommends that you prepare your Form I-129F with the assistance of an immigration attorney.

The K-1 visa terms stipulate that the beneficiary and petitioner marry within 90 days of the K-1 entry. If the couple does not marry within this time frame, the foreign national must depart the United States.

Failing to depart the U.S. will put the foreign national in violation of the terms of the visa, also called a visa overstay. Once the foreign national has overstayed a visa, he or she is potentially removable (deportable).

If the couple marries outside of the 90 days, it is generally possible to adjust status as an immediate relative (spouse of a U.S. citizen). However, this would require an additional petition fee (Form I-130) and may require the assistance of an attorney.

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Adjustment of status , Family Immigration , K-1 Visa

The Legal Landscape of Love: Understanding the K1 Visa and Adjustment of Status

• January 17, 2024

Love transcends borders, but when it intersects with immigration laws, a complex journey begins. This comprehensive guide is dedicated to couples facing the intricacies of the K1 visa process and the subsequent Adjustment of Status (AOS). Whether you’re just starting out or in the midst of the procedure, our tips and insights aim to simplify your path to a life together in the United States.

What is the K1 Visa and Who Needs It?

Understanding the fiance visa.

The K1 visa, commonly referred to as the fiance visa, is a non-immigrant visa designed for foreign-citizen fiances of U.S. citizens. It allows the foreign partner to travel to the U.S. and marry their U.S. citizen petitioner within 90 days of entry. This visa is a critical step for couples planning to reside permanently in the U.S.

Eligibility and Application Process

Eligibility for the K1 visa hinges on several criteria: both partners must be legally free to marry, they must have met in person within the last two years (with some exceptions), and they must intend to marry within 90 days of the foreign fiance’s arrival in the U.S.

The application process starts with filing Form I-129F (Petition for Alien Fiance) with the U.S. Citizenship and Immigration Services (USCIS). A thorough background check and an interview at the U.S. embassy or consulate in the foreign fiance’s country follow this submission.

Tips for a Successful K1 Visa Application

Ensuring a smooth process, transitioning to permanent residency.

• Early Planning: Begin the application process well in advance to navigate the typically lengthy processing times.
• Document Everything: Maintain detailed records of your relationship, including travel receipts, correspondence, and photographs together.
• Prepare for the Interview: The embassy interview is crucial. Be honest, consistent, and provide clear evidence of your relationship.
• After Marriage: The Adjustment of Status Journey

After marriage, the foreign spouse can apply for Adjustment of Status (AOS) to become a lawful permanent resident of the U.S. This step is vital for the foreign spouse to obtain a Green Card without leaving the U.S.

Navigating the AOS Process

The AOS process involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. The process includes submitting additional documentation, undergoing a medical examination, and attending an interview with a USCIS officer.

Making the AOS Process Easier

Strategies for success.

• Detail-Oriented Documentation: Ensure all forms are filled out accurately and completely. Any discrepancies can lead to delays or denials.
• Stay Informed: Keep up to date with any changes in immigration policies that might affect your application.
• Professional Assistance: Consider hiring an immigration attorney for guidance through this complex process.

Frequently Asked Questions

• Q1: How long does the K1 visa process take? A: The timeline varies, but it typically takes several months. Processing times can be checked on the USCIS website.
• Q2: Can we marry outside the U.S. if we have a K1 visa? A: No, the K1 visa specifically requires the couple to marry within the United States.
• Q3: What happens if we don’t marry within 90 days? A: Failing to marry within 90 days can lead to the foreign fiance having to leave the U.S., and it may impact future immigration applications.
• Q4: Is it mandatory to hire an immigration attorney for AOS? A: While not mandatory, professional legal guidance can significantly ease the process and increase the chances of a successful application.
• Q5 : Can we travel outside the U.S. during the AOS process? A: Traveling outside the U.S. while AOS is pending can be risky. It’s advisable to consult with an immigration attorney before making any travel plans.

Key Takeaways:

• The K1 Visa: Essential for foreign-citizen fiances to enter the U.S. and marry their American partners. Remember, preparation and thorough documentation of your relationship are vital.
• Adjustment of Status: After marriage, AOS is the pathway to lawful permanent residency. Accuracy in application and adherence to immigration policy changes are crucial.
• Professional Guidance: The complexities of immigration law can be daunting. Seeking expert advice can provide clarity and enhance the chances of a successful outcome.

Embarking on this journey is a testament to your commitment and love. However, the intertwining of heartstrings with legal strings can be overwhelming. That’s where professional guidance becomes invaluable. You can also visit U.S. Citizenship and Immigration Services to learn more about Family Based Immigration,

Schedule Your Strategy Session Today

At The Law Offices of Connie Kaplan, P.A., we understand the emotional and legal intricacies of your situation. Our expertise in immigration law can help guide your path, ensuring a smoother and more secure journey towards a shared future in the U.S.

Don’t navigate this journey alone. Schedule a strategy session with us today , and let us be the legal compass guiding your love story to its happy, secure destination. We are here to help you turn your dream of a life together into a reality.

Contact us now and take the first step towards a new beginning.

Remember, in matters of the heart and law, having the right partner makes all the difference.

More from Adjustment of status , Family Immigration , K-1 Visa

F1 Adjustment of Status: Get your Interview right

Embarking on the journey towards permanent residency in the United States can often feel like a complex maze, especially when it comes to the F1

The Comprehensive Guide to F1 Adjustment of Status

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Navigating Love Across Borders: A Guide to the K-1 Visa Process

In a world where love knows no bounds, couples often find themselves navigating the complex waters of international relationships. Whether you’ve met your soulmate online, during travels, or through other means, the prospect of building a life together can be both thrilling and daunting, especially when geographical barriers come into play. Enter the K-1 visa, a pathway for fiancé(e)s of U.S. citizens to enter the United States and ultimately tie the knot. Let’s dive into what the K-1 visa entails and how you can successfully navigate this journey to love.

Understanding the K-1 Visa:

The K-1 visa, also known as the fiancé(e) visa, is designed for foreign nationals engaged to U.S. citizens who intend to marry and live permanently in the United States. This visa allows the foreign fiancé(e) to enter the U.S. for a period of 90 days, during which they must marry their U.S. citizen partner. Once married, the foreign spouse can then apply for permanent residency (green card) through the adjustment of status process.

The Application Process:

The journey begins with the U.S. citizen partner filing a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the eligibility and sincerity of the relationship. Upon approval, the petition is forwarded to the National Visa Center (NVC) and eventually to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.

Preparing for the Visa Interview:

One of the crucial steps in the K-1 visa process is the visa interview at the U.S. embassy or consulate. The foreign fiancé(e) must attend this interview, which aims to assess the legitimacy of the relationship and the applicant’s eligibility for the visa. It’s essential to thoroughly prepare for the interview by gathering all required documents, including proof of relationship, financial support, and medical examination results.

The 90-Day Rule:

Upon receiving the K-1 visa and entering the United States, the foreign fiancé(e) must marry their U.S. citizen partner within 90 days. This timeframe is non-negotiable and failure to comply may result in deportation or other legal consequences. 

It’s crucial for couples to plan accordingly and ensure they have everything in place for their wedding and subsequent adjustment of status application.

Adjustment of Status and Beyond:

After marriage, the next step is to apply for adjustment of status (Form I-485) to obtain permanent residency. This process involves additional paperwork, biometrics appointments, and an interview with USCIS. Once approved, the foreign spouse receives a green card, granting them permanent resident status in the United States.

Seeking Guidance and Support:

While the K-1 visa process may seem straightforward, it can be riddled with complexities and challenges. From navigating paperwork to overcoming cultural differences, couples embarking on this journey may encounter obstacles along the way. Seeking guidance from immigration attorneys or reputable resources can help alleviate stress and ensure a smoother transition.

The K-1 visa offers a lifeline for couples separated by borders, allowing them to unite and build a future together in the United States. While the process may seem daunting, with proper preparation, communication, and support, love truly knows no bounds. So, to all the couples embarking on this adventure, may your love story be filled with joy, resilience, and the promise of a happily ever after.

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December 22, 2023

The K-1 Visa Timeline After Filing Your Petition

Navigating the journey towards a K-1 visa, commonly known as the fiancé(e) visa, is an exciting yet complex process for couples planning to marry in the United States. This visa serves as a bridge for foreign nationals engaged to U.S. citizens, allowing them to enter the United States to marry within 90 days of arrival.

Understanding the timeline and what to expect after filing your petition is crucial for a smooth experience. We will guide you through the key stages of the K-1 visa process, focusing on what happens after filing your petition. Our goal is to provide clarity and insight into each step, helping you navigate this journey with confidence.

K-1 Visa Filing the Petition

The first step in the K-1 visa process involves filing Form I-129F, Petition for Alien Fiancé(e). This form is critical as it establishes the qualifying relationship between the U.S. citizen and their foreign fiancé(e). When filing Form I-129F, attention to detail and accuracy in documentation is essential, as this forms the foundation of your application.

Typically, petitioners can expect to receive a receipt of their petition approximately 2 to 4 weeks after filing. This receipt is an acknowledgment from the United States Citizenship and Immigration Services (USCIS) that your petition is being processed. Feel free to check the K-1 Marriage Visa by The Law Office of Olena Manilich.  It’s important to note that this is just the beginning of the journey, and patience is key during this phase.

Processing of Form I-129F

After the initial filing, the USCIS begins processing the Form I-129F. The processing time can vary, but on average, it takes about 6 to 8 months. This stage is where the USCIS reviews the petition and meets all the necessary criteria for the K-1 visa . Applicants must understand that this timeframe is an estimate and can change based on various factors such as the volume of applications received, the complexity of individual cases, and operational aspects of the USCIS.

During this period, it’s advisable to regularly check the status of your application and remain prepared for any additional information or documentation requests from the USCIS. This phase tests your patience, but it’s important to remember that a professional team of the Law Office of Olena Manilich can help you in each step to reunite with your fiancé(e). 

Transition to National Visa Center (NVC)

Once USCIS approves Form I-129F, your application enters a new phase. The approved petition is forwarded to the National Visa Center (NVC), which typically takes between 4 to 6 weeks. The NVC plays a crucial role in conducting a thorough background check on the fiancé(e), which is an essential part of ensuring national security and the safety of U.S. citizens.

Following this stage, the NVC reviews the petition and the provided documentation for any potential security or legal issues. This period is also an opportune time for the U.S. citizen and the foreign fiancé(e) to gather and prepare additional documents required for the subsequent stages of the visa process. It’s essential to respond promptly to any requests from the NVC to avoid delays in processing.

K-1 Visa Application and Interview Preparation

Following the NVC’s background check, the focus shifts to the U.S. consulate or embassy in the foreign fiancé(e)’s country. At this stage, the foreign fiancé(e) must complete and submit the DS-160 visa application form online. This form is quite detailed and requires accurate information about the fiancé(e)’s background, work history, and other personal details. Once the DS-160 is submitted, the next significant milestone is the visa interview.

The wait time for a visa interview can vary, typically ranging from 3 to 5 months. This interview is a critical component of the process and requires thorough preparation. The foreign fiancé(e) will need to present evidence of the relationship, demonstrate the intention to marry within 90 days of entering the U.S. and satisfy the consular officer that they meet all the requirements for the K-1 visa.

Common documentation includes photographs, correspondence, travel records, and other proof of a genuine relationship. The interview also addresses questions about the couple’s plans in the United States. Also, preparation for this interview should be taken seriously, as it is a pivotal point in the K-1 visa process. A successful interview leads to the final steps of obtaining the K-1 visa.

Overall Timeline and Factors Affecting It

The journey towards obtaining a K-1 visa is lengthy and can be unpredictable at times. The entire process, from filing Form I-129F to the final decision on the visa application, typically takes between 12 to 18 months. However, it’s crucial to understand that this is a general estimate, and timelines can vary significantly based on several factors.

Processing delays often affect the timeline due to high application volumes or pandemic backlogs. Staffing and budget issues at USCIS also play a role. Additionally, individual case complexities, such as the need for additional documentation or security checks, can extend processing times. It’s also important to consider external factors, like the operating hours and workload of the U.S. consulate or embassy handling the visa interview.

Applicants should approach the K-1 visa process with a mindset of patience and flexibility. Staying informed about the status of your application and being responsive to any requests from USCIS, NVC, or the consulate can help in navigating these unpredictable elements.

Navigating the K-1 visa process is a journey that requires patience, attention to detail, and proactive preparation. Each step, from petition filing to the visa interview, is vital in uniting fiancé(e)s for marriage. Knowing the typical timeline is crucial. Being ready for delays helps manage expectations and maintain positivity.

While this guide provides a general overview of what to expect, every couple’s situation is unique. Therefore, seeking professional guidance from The Law Office of Olena Manilich for specific circumstances or complex cases is advisable. Remember, the path to a K-1 visa leads to a significant milestone in your life – starting a new chapter with your partner. Stay encouraged, stay informed, and look forward to the future with optimism.

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K-1 Visa Guide: Timeline, Fees, Requirements, and More

Are you a U.S. citizen planning to marry your foreign fiancé(e) in the United States? This K1 guide can help you obtain a K-1 fiancé(e) visa, the first step toward bringing your partner to the U.S. for your wedding.

Remember that both you and your fiancé(e) must genuinely intend to marry within 90 days of their arrival in the U.S. on the K-1 visa, and the marriage must be formed with the genuine intention of building a life together, not solely for immigration purposes. 

Let’s see below some information on the K1 visa process, the fiancé visa requirements, the timeline, and more to ensure a smooth journey toward your happily ever after.

What Is a K1 Visa?

The K-1 is a special nonimmigrant visa specifically designed for the foreign fiancé(e) of a U.S. citizen who wants to enter the United States to get married. The first step to get the K-1 is for you, as the sponsor, to file Form I-129F, Petition for Alien Fiancé(e) with USCIS.

Suppose you and your fiancé(e) meet the eligibility requirements and successfully navigate the K1 application process. In that case, the K-1 visa allows them to travel to the U.S. and marry you within 90 days of arrival . For this reason, the K1 is also called the “fiancé visa” or the “90-day fiancé visa.”

However, you must understand that the K-1 visa is not a path to automatic permanent residency. After getting married within the 90-day window, your fiancé(e) can apply for Form I-130, Petition for Alien Relative . It is the first step to obtaining the lawful permanent resident status (Green Card) through the marriage-based green card process.

IMPORTANT! K-1 visas are not intended for those already married, planning to marry outside the U.S., or if your fiancé(e) already has legal residency in the U.S.

When to File Your H-1B Cap-Subject Petition for the Work Visa Lottery

More than understanding the H-1B visa lottery cap, potential applicants need to understand when to file their cap-subject H-1B applications because the windows of opportunity are narrow, and the competition is fierce. So, let’s discuss H-1B timelines!

First, remember that unless the registration requirement is officially suspended, filing an H-1B petition subject to the cap, including those under the advanced degree exemption, is only possible if the named beneficiary has a valid and selected registration. In other words, you cannot proceed with the petition until your registration has been chosen through the lottery system.

As for filing, you can file your H-1B petition up to 6 months before the requested employment start date for the beneficiary. Remember, this is the maximum window; earlier submission is encouraged.

The exact filing period and location for your petition will be communicated through two channels: 

• H-1B Registration Selection Notice: This notice will be sent to you if your registration is selected.
• USCIS website: If the registration requirement is suspended, instructions will be readily available on the USCIS website.

What Is a Fiancé According to Immigration Law?

The fiancé definition under the U.S. immigration law is the foreign-citizen recipient of an approved Petition for Alien Fiancé(e) who has been subsequently issued a K-1 nonimmigrant visa . This visa grants them entry into the United States to marry their U.S. citizen petitioner.

To be recognized as a fiancé(e) for immigration purposes (inside and outside the U.S.), both parties must have been legally eligible to marry at the time of the petition’s filing and must have maintained that eligibility. Furthermore, the intended marriage must be legally valid within the jurisdiction of the U.S. state where it will occur.

If you are open to the H-1B lottery process and potentially higher competition, the H-1B lottery cap offers a broader eligibility range. However, if you qualify for a specific exemption category and prefer a potentially less competitive route, consider the regular H-1B application.

What Is the K1 Visa 2-Year Rule?

To ensure the legitimacy of your relationship with your fiancé(e), USCIS enforces a crucial K1 requirement known as the “2-year rule.”

This rule stipulates that the U.S. citizen petitioner and the foreign-citizen fiancé(e) must have met in person at least once within the two years preceding the filing of Form I-129F.

What Is the Purpose of the K1 Visa 2-year Rule?

USCIS implements this rule to help verify the good faith of the relationship between the petitioner and the fiancé(e). By requiring an in-person meeting, the agency wants to ensure you have a chance to create a solid foundation for your marriage beyond online interactions.

Are There Exceptions to the Fiancé Visa 2-year rule?

While the 2-year rule serves as a standard requirement, exceptions are available in certain situations:

• Religious or cultural traditions: A waiver may be granted if meeting in person violates established religious or cultural practices.
• Extreme hardship: If meeting in person poses a significant hardship to the foreign-citizen fiancé(e) (due to political instability, financial constraints, or severe health issues), a waiver request can also be submitted.

Remember that USCIS evaluates each waiver request on a case-by-case basis, considering the provided evidence and circumstances.

What Happens If You Don't Meet the K-1 2-Year Rule?

Suppose you and your fiancé(e) have not met in person within the specified timeframe but still believe your relationship is genuine. In that case, you can request a waiver along with your Form I-129F application. This waiver request should prov e that an in-person meeting was difficult or impossible .

IMPORTANT! Online interactions like video chats and phone calls do not fulfill the 2-year rule requirement !

It’s crucial to familiarize yourself with the 2-year rule regarding the fiancé visa and its potential exceptions before embarking on the K-1 visa journey. If you have further questions or require guidance specific to your situation, consulting immigration legal experts is always recommended.

Eligibility Criteria for the K1 Visa

Securing the K1 visa requires meeting specific eligibility criteria, which we will see below.

Fiancé Visa Requirements for the Relationship

Building a life together starts with understanding the K-1 visa requirements of the relationship between you (the petitioner) and your foreign-citizen fiancé(e) (the beneficiary).

• Marital status: You must be legally single at the time of the application and throughout the process. Evidence of this status may include divorce decrees, annulments, or death certificates of previous spouses.
• Relationship proof: As we mentioned, you both must provide tangible proof of a genuine relationship. The proof can include photos together, travel records demonstrating shared journeys, or communication records like emails or letters.
• The in-person meeting requirement: You must prove you have met in person within the two years preceding the K-1 visa application.

Additional K1 Visa Requirements

The U.S. Department of State also has supplementary K1 requirements the applicant and their fiancé(e) must follow:

• Marriage intention: Both of you must submit a signed statement expressing your honest intention to marry within 90 days of your fiancé’s arrival in the U.S. Supporting evidence like venue bookings or wedding invitations can further strengthen the application.
• Financial sponsorship: You must meet specific income requirements based on the Federal Poverty Guidelines . If your income falls below the threshold, you can use a cosponsor to help.

Who Can Sponsor a K-1 Visa?

Only U.S. citizens can sponsor their foreign-citizen fiancés for a K-1 visa. In this context, green card holders (lawful permanent residents) are not eligible to be sponsors.

What Beneficiaries Can Be Sponsored for the K1?

The Petition for Alien Fiancé(e) serves as the initial step in obtaining a visa for your foreign-citizen fiancé(e) (K-1) or their children (K2) to enter the United States for marriage.

This form also applies to petitioning for your spouse and their children (K-3 and K-4 visas) if:

• Your marriage has already occurred.
• Your spouse already filed Form I-130 and is awaiting approval.
• An immigrant visa is unavailable due to a visa backlog.

By filing Form I-129F with USCIS , you are initiating the process of bringing your fiancé(e) or spouse and their children to the United States to either marry or join you while their immigration status is finalized.

Affirming Equal Immigration Rights for Same-Sex Spouses and Their Children

The United States upholds the fundamental principle that all individuals, regardless of sexual orientation, deserve equal treatment and opportunities under the law. This includes the field of immigration, where significant strides have been made in recent years.

Key Points for Same-Sex Couples Getting the K-1 Visa

• An approved Form I-130 or Form I-140: Immigrant Petition for Alien Worker from USCIS is required for K1 immigrant visa processing.
• Upon receiving an approved petition, U.S. Embassy and Consulate consular officers will adjudicate (process and make decisions on) immigrant K-1 visa applications for same-sex spouses and their children.

Potential Ineligibilities for K1 Visa Applicants

It’s essential to be aware that various conditions and actions can render you, the applicant, ineligible for a K1 visa. Some common examples of such ineligibilities include:

• Involvement in drug trafficking
• Overstaying a previous visa
• Submitting fraudulent documents

You will be notified promptly if the Consular Officer identifies any potential K1 ineligibility during the application process. Additionally, you will be informed of the possibility of a waiver for your specific case. The officer will provide detailed guidance if a waiver process is applicable, outlining the steps involved.

The list above doesn’t include all potential ineligibilities. Consulting with immigration lawyers can offer valuable guidance and ensure your complete understanding of the relevant regulations and potential limitations to your K-1 application.

IMPORTANT! Form I-129F is only the foundation for further proceedings on the K1 but does not guarantee visa issuance . Consulting with immigration service providers or law firms can ensure you complete the form accurately and navigate the subsequent steps effectively.

What Documents Are Needed for A Fiancé Visa?

Providing complete and accurate documentation impacts the efficiency and potential success of your K-1 visa application.

K-1 Visa Application: Required Documents for the U.S. Citizen Fiancé(e)

The following table outlines the required items for the U.S. citizen fiancé(e) to submit with Form I-129F.

Proof of U.S. citizenship

Foreign fiancé(e)'s passport copy

Evidence of bona fide relationship

Proof of in-person meeting (if applicable)

Sworn statements

U.S. citizen fiancé(e)'s previous Arrival/departure records (if any)

Passport-sized photographs

Explanation

Passport, certificate of naturalization , or birth certificate copy demonstrating your U.S. citizenship status.

A recent copy of your foreign fiancé(e)'s valid passport, allowing them to travel internationally.

Documentation demonstrates your relationship's genuineness with your foreign fiancé(e). This can include photos of you together, trips taken together, family and friends' written confirmation of the relationship (letters, emails), written messages between you two (letters, texts, emails), and other relevant materials.

If you and your fiancé(e) have met in person within the two years before submitting the form, provide evidence such as flight bookings, itineraries, pictures, emails, etc.

You and your fiancé(e) signed statements explaining the nature of your relationship and your intention to get married within 90 days after your foreign fiancé(e) arrives in the U.S.

Copies of all previously issued Form I-94 arrival/departure records documenting any past entries or exits from the United States.

One passport-sized photograph meets the required specifications for you and your foreign fiancé(e).

K-1 Visa Application: Required Documents for the Foreign-Fiancé(e) and Children (K-2)

Obtaining a K-1 visa involves presenting various documents at the visa interview. Here’s a comprehensive breakdown of the essential documents required for the foreign-citizen fiancé(e) and any eligible children applying for K-2 visas:

Completed Form DS-160: Online Nonimmigrant Visa Application

• Valid passport
• Birth certificate

Marriage termination documents (if applicable)

Police certificates

Medical examination

Evidence of financial support:

Two passport-sized photographs

Evidence of relationship with U.S. citizen fiancé(e):

Visa fee payment

Description

Controls the annual number of H-1B visas issued by randomly selecting petitions from a pool exceeding the available cap.

Must be valid for travel to the U.S. and have an expiry date at least six months beyond the fiancé(e) 's intended stay (exceptions might apply based on country-specific agreements).

Original copy of the fiancé(e) 's birth certificate.

Original copies of divorce or death certificates for previous spouses (the fiancé(e) 's and the U.S. citizen sponsor.

From the fiancé(e) 's current country of residence and all countries where they have lived for six months or more since turning 16. Children aged 16+ applying for K-2 visas also require police certificates from the same countries.

Get a medical examination with an authorized physician.

The consular officer may request it. This could include proof of the fiancé(e) 's financial means or an Affidavit of Support (Form I-134) submitted by the U.S. citizen fiancé(e).

Meeting the required specifications outlined by the DOS

Provide documentation demonstrating the genuineness of your relationship, such as photos, travel records, or communication records.

Pay the required visa application fee.

Allows direct application for an H-1B visa without participating in the lottery.

Ensure the passport meets the validity requirements.

Obtain these documents from the relevant authorities in each country.

The U.S. Embassy/Consulate will provide instructions on finding authorized physicians.

Consult a lawyer if unsure about financial documentation.

Consult a lawyer for guidance on suitable evidence.

Refer to the U.S. Department of State website for current fees.

Understanding Medical and Vaccination Requirements for K-1 Visa Applicants

As part of the K-1 visa application process, all beneficiaries, irrespective of age, must get a medical examination by an authorized panel physician . The medical examination typically involves a physical checkup, blood tests, and chest X-rays. This examination is mandatory to ensure public health and safety.

While getting the vaccinations required for U.S. immigrant visa applicants is not mandatory for obtaining a K-1 visa, it’s strongly recommended. The K-1 beneficiary must get vaccinated when adjusting to the permanent resident status following the marriage. Find the list of required vaccinations and more information on the U.S. Department of State website.

The K-1 Visa Processing Time: How Long Does It Take to Get a Fiancé Visa?

Since the I-129F petition is the foundation for the entire K-1 visa process, the K-1 visa timeline heavily depends on how long it takes USCIS to adjudicate Form I-129F. In turn, it is directly influenced by the completeness and accuracy of the submitted documents.

After filing your Form I-129F, Petition for Alien Fiancé(e), expect the processing time for a K-1 visa to range from approximately 6 to 16 months . Nevertheless, as with all immigration documents, variations in the K1 visa processing time and timeline can occur, with some cases being resolved faster and others taking longer. Here’s why:

1. Form I-129F Processing Times

While the current processing time for Form I-129F is approximately 9 months , recent forecasts indicate a potential shift. Some sources suggest that newly submitted petitions could experience a significantly faster processing timeline, potentially as short as five months . You must acknowledge that these forecasts are not definitive, and the actual processing time might vary depending on various factors, like USCIS’s workload, your case’s complexity, staffing levels, and resource allocation.

2. Multiple Agencies Involved in the K-1 Adjudication Process

If you wonder how long does a K1 visa take, remember the process is not a simple, single-step affair. It involves a complex interaction between government agencies, each responsible for a specific application stage. Let’s break down the leading players and their role in the K1 adjudication:

• U.S. Citizenship and Immigration Services: This is where your K1 timeline clock starts ticking. USCIS handles the initial adjudication of Form I-129F by reviewing your relationship evidence and supporting documents.
• Department of State: Once USCIS approves your petition, your case is forwarded to the National Visa Center (NVC), part of the DOS. The NVC prepares the case for your fiancé(e)’s visa interview and forwards it to the relevant U.S. Embassy or Consulate abroad.
• The consular officer at the Embassy/Consulate conducts the interview and ultimately decides whether to approve the K-1 visa.

As each agency has its internal procedures and workloads, the time they take to process your K-1 case can contribute to the overall duration of the K1 visa application. Changes in workloads, staffing, or procedural updates within these agencies can all cause fluctuations in the overall processing timeline.

3. Your K-1 Application's Quality

A poorly prepared K-1 visa petition is a recipe for trouble. Incomplete applications, errors in your paperwork, or missing supporting documents not only lead to significant delays but can even result in the outright denial of your petition .

Think of it this way: incomplete or inaccurate information creates roadblocks for the government agencies reviewing your application. This forces them to pause your case and request further clarification or documentation .

Such requests prolong the review time as you gather the necessary materials, leading to frustrating delays at each process stage. Worse yet, significant inconsistencies or evidence that fails to meet the K-1 visa requirements could jeopardize your entire application , increasing the risk of denial.

IMPORTANT! The quality of your application directly influences the processing time for your K-1 visa. A well-prepared petition with complete and accurate information allows each agency to process its part efficiently, contributing to a smoother and faster K1 timeline.

Investing time and resources into ensuring your application is accurate is crucial for minimizing delays and maximizing your chances of a successful K-1 visa outcome. Consulting with immigration attorneys can offer valuable guidance and ensure your application is well-prepared, efficiently navigating you through the process.

How Much Does the K1 Visa Cost?

The K-1 visa application process involves various fees, with some mandatory and others optional. Here’s a breakdown of the current fiancé visa fees, effective April 1, 2024, to help you budget effectively.

Mandatory Government Fees Related to the K-1 Visa Application

I-129F (Petition for Alien Fiancé(e))

Nonimmigrant Visa Application (Form DS-160)

$675 (increased from $535)

The form is free.

Payment Method

Payment to the U.S. Department of Homeland Security

The visa costs $265 and is required for each K-1 visa applicant.

Additional Costs Related to Getting Your K-1 Visa

Expense description.

Document translation and photocopying

Approximate Cost

$200 (average)

Varies by provider

Depends on the number of documents and translation services needed

Fees associated with obtaining specific documents in your home country

Depends on location and travel arrangements

While the core government fees total $940 ($675 + $265), the actual cost of obtaining a K-1 visa can vary significantly depending on other factors (mentioned above). It’s essential to budget carefully and factor in potential additional expenses beyond the government fees.

The information provided solely focuses on the K-1 visa application stage. Remember, you’ll need to consider the cost of filing Form I-485 ($1,440 from April 1, 2024) later to adjust your status to permanent resident after marriage.

IMPORTANT! The cost of U.S. immigration forms and applications is subject to change. Consult the official USCIS website for the most current fee information before submitting documents to prevent delays or denials.

Consulting immigration attorneys or experts can provide personalized guidance and cost estimates based on your circumstances, so don’t hesitate to ask for help!

How to Apply for a K-1 Visa

If you embark on a K-1 journey, you must understand the step-by-step fiancé visa application guide.

Step 1: File Form I-129F

The U.S. citizen fiancé(e) files Form I-129F with USCIS. This form establishes the bona fide nature of your relationship with your foreign fiancé(e).

Required Documents with Form I-129F

• Proof of U.S. citizenship (passport copy, citizenship certificate , or birth certificate)
• Foreign fiancé(e)’s passport copy
• Evidence of your relationship (photos, travel itineraries, letters, emails, etc.)
• Proof of in-person meetings within the past two years (flight bookings, hotel/trip itineraries, etc.)
• Sworn statements from both partners explaining the relationship and intention to marry within 90 days
• Copies of all previously issued Form I-94 arrival/departure records (sponsored fiancé(e))
• Passport-sized photos of both partners

After filing the I-129F form, USCIS typically sends a receipt notice within 30 days. They may request additional information (RFE) if needed. Upon approval, you’ll receive an approval notice.

Step 2: Form DS-160 and Interview

Once USCIS approves Form I-129F, the case is transferred to the Department of State for further processing. Next, your fiancé(e) completes Form DS-160, the actual K-1 visa application .

Required Documents by the State Department from the Sponsored Fiancé(e)

• Two passport-sized photos
• Police clearances from all countries of residence exceeding six months since age 16
• Sealed medical exam form from a State Department-authorized physician
• Affidavit of support (Form I-134) from you – the U.S. citizen fiancé(e) – demonstrating your ability to support them financially
• The most recent tax returns of the U.S. citizen fiancé(e)
• Proof of relationship (copy of approved Form I-129F)

The interview takes place at the U.S. Embassy or Consulate in the sponsored fiancé(e)’s home country, typically 4-6 weeks after the initial notice. The officer will decide on the case on the spot or shortly after.

Step 3: Visa Issuance, Fiancé(e)’s Arrival, and Marriage

Upon K-1 visa approval, the Consular Officer will return the passport containing the visa to the foreign citizen’s fiancé(e) and a sealed packet. This packet will hold the fiancé(e) submitted civil documents and additional materials prepared by the U.S. Embassy or Consulate. 

Crucially, the fiancé(e) must not open this sealed packet. It will be opened solely by the Department of Homeland Security (DHS) immigration official upon entry into the United States.

As a K-1 visa holder, the fiancé(e) must enter the U.S. before or concurrently with any qualifying children holding K-2 visas. The K-1 visa grants eligibility to apply for a single entry at any U.S. port of entry within the visa’s validity period, a maximum of six months from the date of the K-1 visa issuance .

Then, you must marry your foreign citizen fiancé(e) within 90 days of their arrival. Failure to do so will result in losing the K-1 status and leaving the country.

Unlike other visas, the K-1 doesn’t allow changing to another visa category or adjusting status to a Green Card through anyone other than the original U.S. citizen sponsor.

Step 4: Your (Now) Spouse Applies for a Green Card

After marriage, the next step for your spouse is to submit a marriage Green Card petition sponsored by you (the U.S. citizen fiancé(e)).

Since specific requirements and procedures might vary depending on your situation, consulting with immigration service providers or lawyers is always recommended.

Can the U.S. DOS Deny a K1 Visa Application?

The K-1 process is complex, so, unfortunately, denial is possible. Here are some of the most common reasons for K-1 visa denial:

• Insufficient evidence of a genuine relationship
• No proof of a meeting in person
• Ineligibility to marry (existing marriages are not officially dissolved)
• You (the sponsor) don’t meet the income requirements
• Failure to show readiness to marry within 90 days
• Administrative errors, missing documents, misrepresenting information, late filing, or incorrect fees.

What to Do If the DOS Denies the K1 Visa

You must consult an immigration lawyer. They can help you understand the reason for denial and explore options like a motion to reopen or reconsider the application.

How to Increase Your Chances of K1 Approval

• Gather all necessary documents and keep copies (applies to both K1 visa parties).
• Be honest and avoid misrepresenting any information (applies to both K1 visa parties).
• Prepare thoroughly for the K1 interview and arrive on time (applies to the foreign citizen fiancé(e)).
• Meet deadlines and pay fees accurately (applies to both K1 visa parties).
• Consider working with an immigration lawyer for guidance and assistance (applies to both K1 visa parties).

By taking these steps and demonstrating a genuine relationship, you can boost your chances of going through the K-1 visa application and starting a life together in the United States.

Start Your K-1 (Error-Free) Visa Application Today!

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K1 vs K3 Visa: Making the Right Choice by Understanding the Differences

Love knows no boundaries, and neither do the hurdles couples sometimes face when they're separated by oceans. If you're in a cross-border romance, chances are you've heard of K1 and K3 visas — the keys that can unlock the doors to reuniting with your beloved. But what's the difference?

In the complex world of immigration law, understanding the difference between a spouse visa and a fiancé visa is essential. When you rely on the guidance of a marriage visa lawyer at SimVisa, you'll have a knowledgeable partner to navigate the intricacies of the process.

Here, we'll unravel the complexities of K1 and K3 visas and help you chart your course to a happily-ever-after reunion.

K1 Fiancé(e) Visa Pathway

The K1 fiancé(e) visa is designed for those head-over-heels in love and ready to take the plunge into marriage. This pathway allows U.S. citizen to bring their foreign fiancé or fiancée to the United States to get married within 90 days of arrival.

K1 visa holders have a chance to experience life with their soon-to-be spouse together on American soil and decide whether they're ready to tie the knot. If you're planning to say "I do" in the U.S., the K1 visa is likely the best way to bring you together.

Application Process for a K1 Visa

Embarking on the journey to be together with your fiancé(e) is an exciting adventure. Here's a breakdown of the steps involved in the application process for a K1 visa.

Remember, each step in the process requires attention to detail and accuracy. Ensuring that you're well-prepared and informed can help smooth the path to being reunited with your intended in the U.S.

K3 Spousal Visa Insights

The K3 visa is meant for couples who've already tied the knot outside of the U.S. This visa keeps spouses together while the green card application is being processed. Think of it as a reunion visa that allows the foreign spouse to enter the U.S. while awaiting the approval of their immigrant visa petition.

With a K3 visa in hand, couples can put an end to long-distance troubles and enjoy the comforts of each other's company on American soil. K3 marriage visa holders won't miss out on the joy of being with their U.S. citizen spouse, even while waiting for a green card.

Application Process for a K3 Visa

If you're a U.S. citizen married to a foreign citizen and want to bring your spouse with you to the U.S., the K3 spousal visa could be your ticket. Here's a rundown of the steps involved in the application process.

Navigating the K3 spousal visa application process requires attention to detail and patience. Staying informed and organized can help make the journey smoother as you work toward reuniting with your spouse in the U.S.

Delving Into the Distinctions: K1 vs. K3 Visa

K1 and K3 visas are the fastest solutions for reuniting a U.S. citizen and a foreign spouse. But is it better to be legally married before or after you move to the U.S.?

Whether you're engaged and ready to close the gap or already hitched and aiming to settle together, we're here to explain the differences and help you pick the visa that fits your love story.

Intent and Qualification Criteria

K1 and K3 visa holders are on different marriage timelines. The K1 visa, often referred to as the fiancé visa, is all about the anticipation of impending nuptials. If you're engaged to a U.S. citizen and planning to tie the knot on American soil, the K1 visa might be the best way to reunite and start your life together.

On the other hand, the K3 visa, known as the spousal visa, is designed for those already married and eager to be together in the U.S. While both visas are meant for couples, the K3 visa is your option if you are already legally married.

Whether you're at the threshold of marriage or solidly in the realm of matrimony, these visas cater to your unique love story.

Duration for Processing

Time is of the essence, and when it comes to the K1 and K3 visas, the clock can tick differently. The K1 visa tends to have a shorter processing time, giving you a swifter passage to the U.S. Once approved, you'll be on your way to reuniting with your betrothed and embarking on the journey to marriage within 90 days.

On the other hand, K3 visa processing can take a tad longer due to the additional step of filing a Form I-130 . This form initiates the spousal visa process by establishing your marital relationship with a U.S. citizen.

Thus, the K1 visa offers a speedier route for those eager to walk down the aisle, while the K3 visa takes a more comprehensive approach, reflecting the commitment of an existing marital bond.

Entering and Transitioning Status

Stepping onto American soil with a K1 or K3 visa in hand marks the beginning of your exciting journey, but the paths diverge slightly from there.

With a K1 visa, your initial entry grants you 90 days to get married and begin the adjustment of status process that leads to permanent residency. After you are legally married, you can file Form I-485 to transition to a conditional permanent resident, which paves the way toward a green card.

Meanwhile, the K3 visa grants you entry as a nonimmigrant while you wait for the I-130 petition's approval. Once that's greenlit, you can transition to conditional permanent resident status as well.

Employment Privileges

Money matters, and understanding the employment opportunities that come with the K1 and K3 visas is crucial. With a K1 visa, once you're married and have applied for adjustment of status, you can apply for an Employment Authorization Document (EAD) to legally work in the U.S. for the next 90 days.

The K3 visa grants you work authorization , and you can apply for an EAD after you arrive in the U.S. Alternatively, a foreign spouse on a K3 visa can apply for an EAD after filing Form I-485 to transition to conditional permanent resident status and receive work authorization based on that application.

Both visas recognize the significance of financial stability, allowing you to pursue employment while you navigate the pathway to permanent residency.

Permission for Travel

The urge to explore doesn't fade just because you're on a visa journey. With the K1 and K3 visas, there are nuances when it comes to travel permissions. If you hold a K1 visa and haven't yet adjusted your status after getting married, leaving the U.S. before receiving your green card might complicate matters. Reentry could require a special travel document.

On the other hand, the K3 visa allows for multiple entries into the U.S. while your I-130 petition is pending. This provides more flexibility if you and your spouse have international commitments or family events to attend. Understanding the travel rules for each visa is key to avoiding unexpected bumps in the road.

Duration and Extension Considerations

The life span of a visa matters, and with the K1 and K3 visas, there are factors to consider regarding duration and extensions. A K1 visa typically grants you a 90-day stay in the U.S., during which you're expected to marry and begin the adjustment of status process. If you need more time, you can file for extensions. However, the application can be challenging, and there is no guarantee you'll be approved.

In contrast, the initial K3 visa is valid for two years, giving you a bit more breathing room to complete the adjustment of the status process. K3 visa holders can also apply for extensions if circumstances warrant. Whether you're racing to say "I do" or aiming to savor a longer journey, understanding the visa's timeline and extension options ensures you make the most of your time together.

How Do I Choose Between the K1 and K3 Visa?

When deciding between a K1 and K3 visa, it's essential to consider not only legal factors but also your situation and preferences.

Opt for the K1 visa if:

• You wish to begin your life together promptly in the U.S., as the K1 visa processing timeline is generally shorter;
• You want to exchange wedding vows within the U.S.;
• You face legal challenges to marriage in another country, such as if you are a same-sex couple and the foreign partner's home country does not allow you to marry.

Consider the K3 visa if:

• Budget constraints are a concern, as the K3 visa offers potential savings compared to the K1 visa;
• The foreign partner will seek permanent residency shortly after arrival in the U.S.;
• You prefer to hold the wedding ceremony in the foreign spouse's home country.

Ultimately, the choice hinges on your unique circumstances and priorities. Consulting with immigration attorneys can provide further clarity as you make this important decision.

Can I work on a K1 or K3 Visa?

Once you've arrived in the U.S. on a marriage visa, like the K1 or K3 visa, securing an Employment Authorization Document (EAD) is a smart move. The EAD allows you to work as you navigate the adjustment of status process. Whether you're a fiancé visa holder transitioning to permanent residence or a foreign partner seeking to work, an experienced immigration attorney can guide you through the EAD application and ensure you're legally free to contribute to the workforce during the immigration journey.

Can I bring my children with me on a K1 or K3 Visa?

Both spouse visas (K3) and fiancé visas (K1) offer the opportunity to include your unmarried children under 21 as derivative beneficiaries, allowing them to accompany you to the U.S. However, understanding the distinct eligibility criteria and application steps for these marriage visas is crucial to ensure a seamless journey for your entire family. To navigate this process effectively, consider seeking guidance from an immigration lawyer who can provide tailored assistance and insights during the visa interview and beyond.

Can I adjust my status to a permanent resident after entering the U.S. on a K1 or K3 Visa?

Absolutely! Once you've entered the U.S. on a spouse visa, whether it's a K1 or K3, and tied the knot with your U.S. citizen partner in a legal marriage, the door opens to apply for adjustment of status and become a lawful permanent resident. Keep in mind that the process and criteria for adjusting your status depend on the visa you entered with, and all foreign citizens have unique circumstances that may affect the process.

Ready to Take the Next Step? Consult SimVisa's Immigration Team!

As you stand at the crossroads of choosing between the K1 and K3 visas, remember that your love story is unique, and so are your circumstances. Whether you're taking the express route with the K1 visa or opting for the K3 visa journey, the path to reuniting with your loved one is an adventure worth embracing.

Still unsure which path to take? That's where we come in. SimVisa is an immigration law firm that guides couples like you through visa applications and more. Let's transform your love across borders into a reality. Reach out to us today and let the journey begin!

Sohyoon is the co-founder of SimVisa. She has over 15 years of immigration specific experience and as an immigrant herself, fully understands the daunting nature of navigating the immigration process.

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Guide to Applying for a K1 Visa: Step-by-Step Process for Fiancé Visa

To apply for a k1 visa, follow these steps: gather necessary documents, complete the form i-129f, pay the filing fee, and attend an interview at the u.s. embassy. it's important to meet all eligibility requirements, provide proof of relationship, and demonstrate financial support. consulting an immigration attorney can help ensure a smooth application process..

Key Takeaways:

• The K1 visa allows a foreign-citizen fiancé(e) to enter the U.S. for marriage, with specific requirements and steps to follow.
• Key requirements include meeting in person, legal eligibility for marriage, and marrying within 90 days of entry.
• The application process involves filing a petition, completing the visa application, paying the fee, gathering documents, attending an interview, and obtaining visa approval.

Understanding the K1 Visa

The K1 visa, often referred to as the fiancé(e) visa, is a nonimmigrant visa that allows a foreign-citizen fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. To successfully apply for a K1 visa, there are several steps and requirements that you must follow.

Key Requirements for the K1 Visa Application

Before diving into the application process, you must ensure that you meet the essential criteria:

• You and your U.S. citizen fiancé(e) must have met in person at least once within the past two years before filing for the visa.
• Both of you must be legally free to marry.
• The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
• You must marry your U.S. citizen fiancé(e) within 90 days of entering the country.

How to Apply for a K1 Visa

Step 1: filing the petition.

Your U.S. citizen fiancé(e) must file a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). The petition is a request to recognize the relationship and is the first crucial step in the K1 visa process.

Step 2: Visa Application

Once the petition is approved, the foreign-citizen fiancé(e) can apply for the K1 visa. This involves completing Form DS-160, Online Nonimmigrant Visa Application. It’s crucial to provide correct and truthful information to avoid any delays.

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Understanding perm advertising requirements in the i-140 and perm process, new schengen visa rules for saudi arabia, oman, bahrain, and india, step 3: pay the visa fee.

After completing the application, you will need to pay the required K1 visa fee. The fee amount and payment methods vary by location, so it’s best to check with the U.S. embassy or consulate where you will apply.

Step 4: Compile the Necessary Documents

You will need to gather various documents to support your visa application, which typically include:

• Passport valid for travel to the United States
• Birth certificate
• Divorce or death certificate of any previous spouse for both you and your U.S. fiancé(e)
• Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16
• Medical examination
• Evidence of financial support
• Evidence of relationship with your U.S. fiancé(e)

Step 5: Attend the Interview

After the documents and fees are in order, the next step is to attend the visa interview at the U.S. embassy or consulate. During the interview, a consular officer will determine whether you qualify for the K1 visa.

Step 6: Visa Approval and Entrance into the U.S.

If your visa gets approved, you will be able to travel to the United States. Remember, you must marry your U.S. citizen fiancé(e) within 90 days of your arrival.

After Entering the United States

Upon entering the U.S. and marrying your fiancé(e), you must apply for Adjustment of Status to become a lawful permanent resident.

“It is important not to rush the process,” says John Smith, an immigration lawyer. “Take your time to accurately gather and submit all documentation to avoid potential setbacks in your K1 visa application.”

Navigating the K1 visa application can be complex, but by carefully following the instructions, you can begin your life with your fiancé(e) in the United States. Always consult the official U.S. Department of State website or speak to an immigration attorney for specific advice regarding your situation.

For more detailed information and guidance, visit the official USCIS website and the U.S. Department of State’s Bureau of Consular Affairs .

And there you have it, folks! The K1 visa process might seem like a whirlwind romance, but with the right steps and a dash of patience, you can make your love story a reality in the land of opportunity. Remember, we’ve only scratched the surface here, so if you want to dive deeper into the K1 visa adventure, head on over to visaverge.com. They’ve got all the juicy details to help you navigate this crazy journey. Good luck, lovebirds! 💘🛩️🇺🇸 #visaverse #k1visa #americandream

FAQ’s to know:

FAQ 1: What are the key requirements for a K1 visa application?

To apply for a K1 visa, there are several key requirements that must be met:

• Both the foreign-citizen fiancé(e) and the U.S. citizen must have met in person within the past two years.
• Both parties must be legally free to marry and the marriage must be legally possible according to the laws of the U.S. state where the marriage will take place.
• The foreign-citizen fiancé(e) must marry the U.S. citizen fiancé(e) within 90 days of entering the United States.

FAQ 2: What are the steps involved in applying for a K1 visa?

The application process for a K1 visa includes the following steps:

• Step 1: Filing the Petition – The U.S. citizen fiancé(e) must file Form I-129F, Petition for Alien Fiancé(e), with USCIS to initiate the process.
• Step 2: Visa Application – After the petition is approved, the foreign-citizen fiancé(e) can apply for the K1 visa by completing Form DS-160, Online Nonimmigrant Visa Application.
• Step 3: Pay the Visa Fee – The applicant must pay the required K1 visa fee, which varies based on the location.
• Step 4: Compile the Necessary Documents – Gather various documents, such as a valid passport, birth certificate, police certificates, medical examination results, and evidence of relationship and financial support.
• Step 5: Attend the Interview – Schedule and attend a visa interview at the U.S. embassy or consulate, where a consular officer will assess eligibility for the visa.
• Step 6: Visa Approval and Entrance into the U.S. – If approved, the applicant can travel to the United States and must marry the U.S. citizen within 90 days of arrival.

FAQ 3: What should be done after entering the United States with a K1 visa?

Once in the U.S., the K1 visa holder must apply for Adjustment of Status to become a lawful permanent resident. This involves filing an application with USCIS to obtain a Green Card. It is advised not to rush the process and to ensure the accurate gathering and submission of all required documents to avoid potential setbacks in the K1 visa application. It’s important to consult the official U.S. Department of State website or seek advice from an immigration attorney for specific guidance.

What did you learn? Answer below to know:

• True or False: To apply for a K1 visa, the foreign-citizen fiancé(e) and the U.S. citizen fiancé(e) must have met in person at least once within the past two years before filing for the visa.
• Which form should your U.S. citizen fiancé(e) file to initiate the K1 visa process? a) Form DS-160 b) Form I-129F c) Form I-131 d) Form I-485
• What is the timeframe for marrying your U.S. citizen fiancé(e) after entering the United States with a K1 visa? a) 60 days b) 90 days c) 120 days d) 180 days

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