A K1 Fiancée Visa allows a foreign-citizen fiancé of a U.S. Citizen to enter the United States for the sole purpose of getting married. The foreign-citizen fiancée must marry his or her U.S. citizen sponsor (also known as a petitioner) within 90 days of arriving in the United States. If you are a U.S. citizen and you want to legally bring your fiancé into the country, this may be the best and fastest option for you.

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You must be a United States citizen, and have met with your fiancé within the past two years. There must be documented proof of your meeting. In certain, extreme circumstances, the meeting required may be waived for instances of extreme hardship or an inability to meet due to religious reasons. You and your fiancé must also be free and clear to legally marry at the time the petition for the alien Fiancé is filed and remain so thereafter. This means that you are both unmarried, or that any previous marriages have ended in divorce, death, or annulment and you have the documentation to prove it. You and your fiancé must also have a serious intention to marry within ninety days of your fiancé entering into the U.S. Finally, you will have to submit an Affidavit of Support to show that your US Citizen fiancé can financially support you once you move to the U.S. If you don't meet the income requirement, you can meet the income requirements with a joint sponsor.

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It is important to note that form I-129F cannot be filed abroad and that it is only valid for four months once USCIS has approved it. A U.S. Consular officer can, however, extend the petition for the purpose of processing the visa application.

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AFTER THE PETITION HAS BEEN FILED

 

Initial Review – During this step USCIS will conduct a background check of the petitioner and identify and/or address any issues that may need to be addressed.

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Request for Evidence – If the application is missing or contains incomplete information, or USCIS wishes to further examine some of your information, a request for evidence (RFE) will be sent to the petitioner.

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Response Review – Once USCIS receives any information that was requested, it will be reviewed and the application process will continue.

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Decision – During this step, a decision is reached and notice is mailed or emailed to the petitioner.

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PROCESSING TIMELINE

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Generally 4 to 5 months from the date of the filing.

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We will likely expedite the process by making sure no mistakes are made and that all forms and documents are submitted correctly. This is very important. Any mistakes will delay the process by several weeks to months. With our help, you can obtain approval from USCIS in about 120 days. Once USCIS approves the petition, the application will be sent to the U.S. Embassy or Consulate closest to the foreign-citizen fiancé for further processing.

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PROCESSING THE VISA WITH THE US EMBASSY OR CONSULATE

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Once the U.S. Embassy or Consulate has received notification that the application has been approved by USCIS, it will send notice to the foreign-citizen fiancé as well as a specific set of instructions on how to proceed with the process of applying for a K1 visa. Most notably, the foreign fiancé will be given instructions on how to schedule a K1 visa interview and a medical examination.

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K1 visa applicants will need to schedule and undergo a medical examination performed by an authorized physician. Instructions will be given to the foreign fiancé on how and where to schedule a medical examination as well as the names of authorized physicians. Although K1 visa applicants are not required to get the vaccinations required of visa applicants, they are strongly encouraged to do so since they are necessary when changing their status to a legal permanent resident once married and living in the US.

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DOCUMENTATION CHECKLIST

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Each US Embassy or Consulate has slightly different instructions for submitting your application for a K1 Fiancé Visa and scheduling your visa interview. Nonetheless, you can expect to be required to submit the following items:

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• All pertinent visa applications

• A passport

• Divorce or death certificates of any previous marriages for both parties

• Medical examination papers

• Proof that you can financially support yourself or an affidavit of support may have to be filed by the U.S. citizen

• Evidence of relationship with U.S. citizen fiancé

• Two passport style photos

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HOW LONG WILL IT TAKE TO GET A K1 VISA FROM THE US EMBASSY?

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Anywhere from 60 to 120 days, but this varies case to case and from country to country.

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From the date the K1 visa is issued, you will have a period of six months to travel to the United States.

 

Eligible children of K1 fiancé visa applicants can file for K2 visas and must file separate applications and pay all applicable fees as well. The children must be listed by the U.S. petitioner on Form I-129F. The children of a Fiancé visa holder may enter the United States with the fiancé or within 6 months of visa issuance.

 

CAN THE K1 VISA BE DENIED?

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K1 fiancé visa applications are scrutinized carefully and there are many reasons for why a K1 Fiancé Visa might be denied. Common reasons are a lack of or incomplete documentation, medical concerns, criminal backgrounds, lack of proof of a legitimate relationship, a need to verify documentation or information provided by the applicants, or insufficient financial documentation to prove that the US Citizen Petitioner can financially support his or her foreign-citizen fiancé. Another common reason for denial is where a previous marriage for one of the parties has not been legally terminated.

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CAN SAME SEX COUPLES APPLY?

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Yes. With the Supreme Court’s recent ruling against the Defense of Marriage Act (DOMA), same sex couples can now apply for a fiancé visa.

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FORM I-129F FEES

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The application fee for Form I-129F is $535. 

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If there are no further complications in your case, our filing fee will be $150 but every case is unique.

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For more information, please contact us.

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