Bringing a foreign-born fiance is not an easy task, as you need to undergo the whole K1 visa process to marry in the US. But even if it requires time, money, and a lot of waiting, it’s totally worth it. To help you stop wondering how to apply for fiance visa and understand every step of the process, we created an ultimate guide on getting a K1 visa. Explore all the peculiarities of the legal side of international marriage to have a smooth experience.
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This K1 visa process step-by-step guide covers all stages of visa processing. We’ll take you through all the stages and explain what marriage visa processing time is for each of them.
The process of bringing your foreign fiance to the US starts with filing I-129F, Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Services (USCIS). If you are a US citizen or a lawful permanent resident, you should fill in the I-129F petition package and mail it along with a $535 check to the USCIS Dallas Lockbox facility. If you want to receive a text message and/or email when USCIS accepts your form, you need to fill in a G-1145 Form and clip it to the front part of the petition. The filing fee is $535. If you need help filing I-129F Form, use official Instructions for Petition for Alien Fiancé(e).
After sending I-129F Form, you will receive a notice of action (NOA1). It usually takes two to three weeks. NOA1 indicates that USCIS has successfully received your petition. This step doesn’t require any action from you.
NOA2 is a decision of USCIS, and it indicates if your petition is approved, denied, or requires additional evidence. It usually takes around 8-10 months, the time depends on various factors, and you can check your case processing times online. If your I-129F Form is approved, you do nothing, and USCIS will send it to the DOS National Visa Center (NVC).
After your petition is approved, NVC will pre-process your case and create your case in the system. In around two weeks, you should receive a Welcome Letter with information that will allow you to use Consular Electronic Application Center (CEAC) to manage your case status, receive messages, and pay fees. There are two processing fees that you are required to pay:
NVC processes your case and runs a security check, while you need to file Form I-864 and gather and submit evidence of your financial capability and other supporting documents.
After your case is checked, the NVC forwards your approved I-129F Form to the U.S. Embassy or consulate. When the US Embassy in the country of your fiance origin receives your petition, it will send the fiancee a letter with instructions and scheduled medical exam and interview dates. As a rule, it takes 4-6 weeks.
You will be instructed what the required forms and documents the fiancé must bring to the visa interview. They include:
Also, you’ll need to submit a completed Online Visa Application (DS-260 Form), scan all gathered civil documents, and submit them to CEAC.
To be ready for the interview, you must do the following things BEFORE the interview date:
Your fiance must attend an interview appointment with a full package of the required documents on the scheduled date and time. The DOS consular officer will ask a fiance and accompanying family members (e.g. children joining on a K-2 visa) a series of questions to determine if the relationship is genuine and if the applicant qualifies for the K-1 nonimmigrant visa. It usually takes 15-20 minutes.
If everything is fine, the DOS consular officer grants the K-1 visa. Sometimes the fiance may be able to receive the actual visa the same day, but as a rule, it takes around a week.
After receiving, a K1 visa is valid for up to 6 months for a single entry. Also, a fiance will get a package of documents to surrender at the Point of Entry in the US. Note that a fiancee visa does not guarantee admission to the country, and a CBP officer at the POE makes the ultimate decision. After successful admission to the US, you have 90 days to get married.
If you marry within a 90-day time frame, your new spouse may apply for a Green Card. That’s why your K1 visa process after marriage starts with your spouse filing Form I-485 to the USCIS. Also, you will need to gather all the required documents (you can find the full list if follow the link in the previous sentence) and attend an interview as a couple. After that, your petition can be approved or denied.
The question “How long does the K1 visa process take?” is usually the most burning for most couples. Currently, it takes from 5 to 10 months, but many factors can affect your visa processing. Here are the main ones:
Also, some unusual circumstances that can’t be predicted, like natural disasters, war, or terrorist attacks, may influence the visa processing time.
There is always a solution to unique situations during the K1 application process. Let’s explore the most common ones and what to do in each of them.
K-1 and K-2 visas automatically expire after 90 days, and your fiance and children must leave the country. Otherwise, it will violate U.S. immigration law and may result in deportation.
For visa purposes, any children of your fiance who are under 21 and unmarried may be eligible to receive a K2 visa and come to the US. If you want to bring your children with you, you must:
If you get married within 90 days and your fiance applies for a Green Card, children may also apply by filing Form I-485 with USCIS.
Getting a K1 visa doesn’t depend on luck. Instead, it depends on ensuring that you file all the forms and submit documents properly. Here are some tips that can help:
Also, after you obtain a K1 visa and get married in the US, don’t forget about the ‘90-day rule’. Generally, it means don’t apply for the Green Card or adjustment of status too soon, as it might be seen as suspicious behavior.
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Getting a K1 visa can help you avoid any trouble marrying in the US, but the process is not easy. You need to be organized, and we hope that our ultimate guide came in handy to ease the process.
[1] – https://www.uscis.gov/ (Form I-129F)
[2] – https://www.uscis.gov/ (Form G-1145)
[3] – https://www.uscis.gov/ (Form I-129F Instructions)
[4] – https://egov.uscis.gov/
[5] – https://ceac.state.gov/
[6] – https://www.uscis.gov/ (Form I-864)
[7] – https://www.uscis.gov/ (Form I-485)
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