K1 Fiancée Visa - Application Procedures

The K1 fiancée visa helps an American citizen bring his fiancée of foreign nationality to the US for marriage and settling down permanently.

The American citizen must first file the I-129F petition with the USCIS center serving the area. On approval, the petition reaches the National Visa Center before it is sent to the embassy or consulate of the country where the foreign fiancée would apply for the K-1 visa. The entire process can take 2 to 6 months, from the petition to the visa issuance by the foreign embassy or consulate.

The foreign K-1 visa applicant would be interacting with the consular section at the US embassy or consulate in her country in order to apply for the K-1 visa. The consular section is not just the place to apply, but also where valuable information would be provided to make the process easier and less complex for the applicant. It is where the applicant would be given information about specific requirements. It would give detailed information about the documents to be presented as well as details about the mandatory medical examination.

The interview process is the most important of the application procedures for the K1 fiancée visa. Even after the interview, some applications would require more processing. The documents to be presented generally include:

• Valid passport
• Birth certificate
• Divorce or death certificate of any previous spouse
• Police certificate from all places the applicant has lived since age 16
• Medical examination
• Evidence of financial support such as the Form I-134 and Affidavit of Support.
• Two Nonimmigrant Visa Applications, Form DS-156
• One Nonimmigrant Fiancée Visa Application, Form DS-156K
• Two nonimmigrant visa photos
• Evidence of a fiancée relationship

Photocopied documents are to be presented while the originals would be returned after perusal. With the assistance of experienced immigration attorneys, the K1 fiancée visa application procedures become much easier for the petitioner and the applicant.

Immigration Attorneys for K1 Visa

Immigration attorneys for K1 visa can help you and your fiancé through the entire visa application process that could be a long and harrowing experience.

It’s clear that heading alone into the world of the K1 visa is not a wise step. The services of immigration attorneys are valuable in the entire visa application process. Immigration attorneys offer professional legal assistance and are experienced with many K1, K3 and other visa cases. They have dealt with various applicants, understood unique characteristics of their situation and solved many unexpected issues. They have got the wheels turning for a large number of applicants eager to head to the US for marriage and life with their fiancé. In other words, immigration attorneys know what to expect at every stage.

Petitioners and applicants often end up frustrated, due to unexpected delays or confusing procedures. The tricky interview process at the Embassy or Consulate is the most difficult part. Immigration attorneys begin their involvement by preparing your USCIS petition. Their support continues when the processing reaches the Embassy or Consulate. Your fiancée needs to successfully clear the Embassy or Consular level interview. The attorneys prepare your fiancée for the interview. Their assistance, therefore, continues from the USCIS (where you filed a petition for a K1 visa for your fiancée) to the Embassy. Immigration attorneys for K1 visa help in completing all necessary forms and assist in collecting the various documents your fiancé requires for the Embassy interview.

Immigration attorneys are well versed in all the relevant laws and they keep abreast with whatever changes occur in the K1 process. Their services are precious because they take full responsibility of making sure that you receive approval for your petition as early as possible. This kind of assistance could make all the difference.

It doesn’t matter where your loved one is. Immigration attorneys for K1 visa can assist you in the fiancé visa processing in any country in the world.

K1 Fiancée Visa - Nonimmigrant Visa for Fiancée

The K1 fiancée visa is a nonimmigrant visa for a fiancé (e) of a foreign nationality to come to the United States and marry his/her American fiancé (e) and reside in the States permanently.

For a K1 nonimmigrant petition to be approved, the marriage must be legally acceptable in the particular US state where it is supposed to be held. The USCIS (U.S. Citizenship and Immigration Services) also requires the couple to have met in person sometime in the past two years. However, the second requirement has an exception since some cultures do not encourage couples meeting before they are married. Though the K1 fiancée visa is a nonimmigrant visa, it allows the foreign fiancée to immigrate to the US and marry an American citizen within 90 days. The fiancée is therefore required to meet some of the immigrant visa requirements.

Following the marriage in the US, the foreign spouse must immediately file Form I-485 Application to Register Permanent Residence or Adjust Status with the USCIS. The American partner needs to fill out Form I-864 or the Affidavit of Support for his/her foreign spouse’s lawful permanent resident status (LPR) application. The foreign spouse can also file Form I-765 Application for Employment Authorization with USCIS in order to receive a work permit to be able to work in the United States.

The child of the foreign fiancé (e) can receive a derivative K-2 visa through the parent’s K1 fiancée visa petition. The American partner should mention the children in the K1 fiancée petition initially filed with the USCIS. Following the marriage of the foreign fiancée and the American citizen, the child requires a separate form I-485 Application to Register Permanent Residence or to Adjust Status.

Being a nonimmigrant visa, the K1 fiancée visa takes lesser time to process. The exact period one has to wait for receiving the visa cannot be ascertained as the time for processing depends on each application and the specific circumstances.

K1 Visa - Fiancée Visa Processing

If you are an American citizen wanting to bring your foreign fiancée to the USA, specifically for the purpose of marriage, then it is recommended to obtain a K1 fiancée visa status. Since the K1 Visa - fiancée visa processing is complex and lengthy, it is better to avail of the services of highly specialized law firms that can manage the difficult tasks of forms preparation, embassy consultation, consular processing, and other jobs.

Only a US citizen can apply for a fiancée visa. K1 visa - fiancée visa processing involves a series of strict guidelines and there are certain mandatory steps to be taken before it is finally approved. First, a K-1 visa petition is to be filed to the USCIS (US Citizenship and Immigration Services) along with the following supporting documents:

• Letter from the U.S. citizen describing your intention to marry
• Valid passport
• Birth certificate
• Certificate from the police authorities at all places one has lived since the age of 16
• Evidence of support
• Photographs
• Medical examination reports from an approved physician
• Divorce or death certificate in connection with previous marriage

After your petition is approved, the USCIS will forward it to the United States Consulate for further processing in the country where your fiancée lives. The United States Consulate will then contact the foreign fiancée to have an interview date scheduled shortly.

The time taken to complete K1 visa - fiancée visa processing normally varies according to individual circumstances and the area in which you live in the US, as well as the country your fiancée resides in. If managed properly, it takes only three to five months to complete the processing. The visa will be issued within a couple of days after the fiancée attends the interview. After the arrival of the foreign fiancée in the United States, he/she must marry the U.S. Citizen within a period of 90 days.

Today, a number of law firms are in the scenario to provide you with the needed assistance and support for the K1 fiancée visa process, from start to finish.

Fiancee Visa (K1 visa) to USA

The fiancee visa (K1 visa) is an American visa available to a foreign national who wishes to marry a US citizen.

The KI visa offers several benefits to the prospective fiancée including:

• Can get K2 visas issued for his/her children
• Can apply for a work permit
• Smaller waiting period than other marriage based, immigration visa petitions.

Before the fiancée (beneficiary) can apply for a K1 visa to the USA, the US citizen (petitioner) to whom he/she is engaged must place a petition (USCIS Form I-129F) on his/her behalf, with the USCIS (United State Citizenship and Immigration Service). The petitioner must possess proof of US citizenship and submit it to the USCIS when asked to. The approved petition is forwarded to the American Consular Office, where the foreign fiancée would get the necessary instructions and forms to apply for a K1 visa.

A K1 visa necessitates that the applicant and the petitioner should be legally free to marry, both under the laws of the US as well as under the laws of the foreign country. They should have met each other in person within the two years preceding the filing of the alien fiancée petition. However, this condition may be waived in certain special circumstances. Once the fiancée has entered the US, he/she must marry the prospective spouse within 90 days.

At the time of applying for a fiancée visa, the fiancée should submit documents such as a valid passport, birth certificate, proof of legitimacy of relationship with petitioner, proof that petitioner will support the fiancée, and medical certificate. A fiancée found eligible will be issued a visa that is valid for a single entry during a six month period.

K1 visas will not be issued to fiancées who

• Are not eligible to be US citizens
• Have committed grave criminal acts
• Are drug addicts
• Have a communicable disease
• Have some serious mental or physical disorder
• Have used illegal means to immigrate to the US
Once married, the beneficiary has to put in an application to the USCIS to establish a record of entry for conditional permanent residence status, and this status can be removed after two years with a further application to the USCIS.