The following video is informational and does not substitute legal advice from a licensed
attorney. K1 Fiance Visa Overview A fiance visa, or K1 visa, is a nonimmigrant visa issued
to an alien who wishes to enter the U.S. for the purpose of marriage to a U.S. citizen.
The “K” visa category for fiances of U.S. citizens and their accompanying minor children
was created to speed up the immigration process of bringing a fiance to the United States
for marriage. This K visa spares fiances a long separation from their intended spouse,
while continuing their processing for permanent resident status, or immigrant status, after
the marriage takes place through adjustment of status. The K1 Visa Process The K1 visa
process is quite the undertaking, as it is composed of several phases/steps that span
several months. The basic steps to the process are as follows: Step 1. the USCIS filing.
Step 2. Notice of Action 1 (or NOA1). Step 3. Notice of Action 2 (or NOA2) Step 4. The
USCIS forwards your case to the National Visa Center, or NVC. Step 5. The NVC forwards your
case to the U.S. embassy in the nation of origin. Step 6. The embassy contacts you with
further instructions. Step 7. You gather documents as instructed by the embassy. Step 8. The
alien beneficiary gets a medical exam. Step 9. The alien beneficiary has an embassy interview.
Step 10. The visa is issued. Step 11. Travel to U.S. The alien has 6 months to enter the
U.S. Step 12. The wedding. The couple has 90 days after entry to marry.
Timeline
The average timeline from the initial application to the time the visa is granted is between
5 and 6 months. The time can be shorter or longer depending on your situation.
Some of the factors that can affect your timeline are: 1. The alien’s country
2. The current USCIS workload 3. The quality of the petition you submit
4. Natural disasters, war or terrorism
Most of what makes a K1 visa take longer is in the petitioner’s hands. Eligibility Requirements
Before starting down the K1 path, you’ll need to determine if you’re even eligible
for the visa. To petition your fiance for a K1 visa, you must:
1. Be a U.S. citizen aged 18+ 2. Intend to marry within 90 days
3. Be legally free to marry 4. Met in person within 2 years of application
date 5. Meet the fiance visa income requirements Costs & Fees
The cost of the fiance visa process is not insignificant. Government fees are fixed,
but other costs will vary depending on your unique situation.
These fees don’t include the adjustment of status cost, which comes after marriage
for the green card. Forms Required
There are several forms that are submitted/filed at different times to different government
agencies along the way. Some people choose to DIY. It can be quite cumbersome to navigate
all the K1 visa forms yourself, which is why many people opt for assistance.
The form I-129F is for the initial USCIS filing. Both the beneficiary and the petitioner also
file a G-325A for biographic information. There’s also form G-1145 which is optional.
Later on in the process you will need to file form DS-160 online.
Embassy Interview
After your case has been approved by both USCIS and Homeland Security, the alien will
need to take a face-to-face interview with a consular officer. This is usually done in
the country of origin, but may be in a nearby country if the U.S. embassy in that country
doesn’t process nonimmigrant visas.
The alien will be asked a series of questions to make a determination of approval or denial.
The main goal of the interviewer is to determine if your relationship is legitimate, and to
make sure there is no fraud going on. After the interview, the consular officer will approve
or reject your visa. If approved, the passport (along with the issued visa) will be returned
to the beneficiary within a few days.
After K1 Visa Issuance
After issuance, the K1 visa is valid for 6 months. However, once an entry stamp is made,
the clock shortens to 90 days. The alien must marry the original petitioner within this
90 day period. There is no way to extend the 90 day period. A K1 visa is only valid for
one entry. Usually, a wedding is planned by the time the alien enters, so there are no
surprises with the time shortage.
After marriage, the alien will need to file an adjustment of status. This process converts
the alien from a nonimmigrant to an immigrant, and grants permanent residency (green card).
With the green card, the alien can stay in the U.S. legally, work, and exit and re-enter
the U.S. without the need for further visas.