The following video is informational and does not substitute legal advice from a licensed
attorney. The K1 Visa Process Step 1: The USCIS Filing The United States citizen sponsor
files the K1 visa petition with the USCIS by mailing the completed I-129F petition package
along with a check to the Department of Homeland Security for $340.
Step 2: Notice of Action 1 (or NOA1)
Two to three weeks after mailing your petition, you will receive a notice of action, or NOA1
in the mail indicating the USCIS has received your petition. Step 3: Notice of Action 2
(or NOA2)
Between 4 and 6 months after mailing your petition, you will receive a notice of action,
or NOA2 in the mail indicating the USCIS has approved, denied or requests additional evidence
for your petition. Step 4: The NVC Phase
The service center that handled your petition forwards your case to the State Department’s
NVC (or National Visa Center). This will happen within two weeks of your approval. The NVC
will run a security check on your fiance. Step 5: NVC to Embassy
Within 4 weeks, if your fiance’s security check comes back clean, your approved K1 visa
petition will be routed to the Bureau of Consular Affairs. The Bureau of Consular Affairs will
send your file to the U.S. Embassy in your fiance’s country via DHL. Step 6: Embassy
Letter
About a week after receiving your visa petition, the U.S. Embassy (usually in the country of
origin) sends the fiance a letter with instructions for scheduling the medical exam and interview.
You (the U.S. citizen) do not have to attend the embassy interview.
Step 7: Gather Embassy Documents
The U.S. Embassy will instruct the fiance to return some of the documents immediately.
Other documents will be kept until the interview.
Step 8: The Medical Exam The fiance must have a medical exam. The package sent to the fiance
by the U.S. Embassy will explain how to schedule the medical exam. You must pay a fee for the
medical exam. The fee is usually paid in the local currency and varies from $65 to $200
depending on the location. This fee can’t be paid from the United States.
Step 9: The Embassy Interview
The fiance must attend an interview at the U.S. Embassy. All applicants must bring their
passport, including children of all ages. If children are joining on a K-2 visa, they
must also attend the interview. The U.S. citizen sponsor is not required to attend the interview.
However, the sponsor is allowed and encouraged to attend in some countries while other countries
will not allow the U.S. citizen to attend. The embassy fee is paid directly to the embassy.
A consular officer will ask a series of questions to determine the relationship is genuine.
Step 10: The Visa is Issued
The alien fiance may be able to pick up the actual visa the same day. However, there will
usually be a wait of up to one week. The visa will be delivered via courier. The actual
K1 fiance visa is a self-adhesive decal that is placed in the beneficiary's passport. At
this point, airline tickets can be purchased for travel to the United States.
Step 11: Travel to the U.S.
The fiance has 6 months to use the visa to enter the United States. He or she will be
given a package of documents by the U.S. Embassy The sponsor does not need to travel with the
beneficiary when they travel to the United States. Step 12: The Wedding
The petitioner must marry the alien fiance within 90 days of entry into the United States.
If a wedding doesn’t take place within this time, the fiance must leave the United States.
The K1 visa beneficiary can only marry the person who submitted the petition. Eventually
the alien must file an adjustment of status petition to receive the green card. There
is no deadline for filing the AOS, and it does not need to be filed within 90 days of
arrival. However, the alien will not be able to work or re-enter the United States before
it is filed. Additional Items Related to the K1 Process
K2 Visa
The fiance’s children who are under 21 and unmarried may be eligible for a K2 nonimmigrant
visa. All that is necessary to include them during the K1 visa petition process is to
include their names on the I-129F. Working
After your fiance arrives in the United States, he or she may apply for permission to work
by filing Form I-765, Application for Employment Authorization. The current average processing
time for the I-765 is 3 months.
AIDS/HIV
HIV is no longer a ground of inadmissibility. This rule was changedon January 4, 2010. Applicants
are no longer required to file Form I-690 if HIV infected. Disqualifying Events
The following circumstances will disqualify you for a K1 visa.
You committed serious criminal acts including crimes involving moral turpitude, drug trafficking,
and prostitution. You are addicted to drugs. You have a communicable disease other than
HIV. You have a dangerous physical or mental disorder.
You are likely to become a ward of the state. You have used fraud to enter the U.S.
International Marriage Broker Regulation Act (IMBRA)
When applying for a K1 fiance visa, you must notify the USCIS if you met your fiance through
an international marriage broker. An international marriage broker is a corporation, partnership,
business, individual or other legal entity that charges fees to provide dating, marriage,
matchmaking or social referrals between U.S. citizens and foreign nationals. The following
are not considered International Marriage Brokers:
1. Matchmaking organizations of a cultural or religious nature that operate on a non-profit
basis and comply with the laws of the country they are in. 2. Dating services, including
online dating services, if their primary business is not to provide dating services between
U.S. citizens and foreign nationals. They must also charge the same rates to men and
women, offer the same services to men and women, and do not base fees or services on
the individual’s country of citizenship. For example, they can’t charge U.S. men
to be a member, but allow foreign women to join for free.
Multiple K1 Visa Filings
If you have filed two or more K1 visa petitions in the past, you must apply for a waiver.
You will also need a waiver if you have had one K1 approved within the past two years.
To request a waiver, you simply write a letter stating all available facts about your previous
filings. You will state that you are requesting a waiver, and attach the letter to your new
fiance visa petition.
Using a Different Type of Visa to Come to the U.S. for Marriage (not a K1 Visa) Coming
to the U.S. on a different visa (not a K1 visa) or no visa (ESTA), with the intent of
getting married would usually be considered immigration fraud. This situation should be
avoided. For example, you should not attempt to bring your fiance to the U.S. on a tourist
visa with the intent to get married. The penalties for immigration fraud are steep and can even
result in up to 5 years in prison. K1 Visa if Fiance is in the United States Illegally
If your fiance is in the United States illegally, you will not be able to get a K1 visa. If
this is your situation, you should talk to an immigration attorney before you leave the
United States.