Introduction to the K1 Fiance Visa

Are you engaged to a U.S. citizen and planning to tie the knot in the United States? The K1 Fiance Visa might be your best path to make this happen. This comprehensive guide will walk you through the steps and requirements for obtaining a K1 Fiance Visa, ensuring a smooth and successful application process.

What is a K1 Fiance Visa?

A K1 Fiance Visa allows the foreign fiance of a U.S. citizen to enter the United States for the purpose of getting married within 90 days. Once married, the foreign spouse can apply for a green card through adjustment of status.

Eligibility Criteria

U.S. Citizenship The petitioner must be a U.S. citizen.

Intention to Marry Both parties must have a genuine intention to marry within 90 days of the foreign fiance's arrival in the U.S.

Meeting Requirement The couple must have met in person at least once within the two years prior to filing the petition, with certain exceptions.

Key Documents Required

1. Proof of Citizenship - U.S. citizen's birth certificate, passport, or naturalization certificate.

2. Evidence of Relationship - Photos, correspondence, travel itineraries, and other proof of having met.

3. Intent to Marry - Statements from both parties expressing their intent to marry within 90 days.

Step-by-Step Application Process

Step 1: File Form I-129F The U.S. citizen must file Form I-129F, Petition for Alien Fiance, with U.S. Citizenship and Immigration Services (USCIS).

Step 2: USCIS Review USCIS will review the petition and, if approved, forward it to the National Visa Center (NVC).

Step 3: NVC Processing The NVC assigns a case number and forwards the petition to the U.S. embassy or consulate in the foreign fiance's country.

Step 4: Apply for the Visa The foreign fiance will apply for the K1 visa, submitting Form DS-160 and attending a visa interview at the U.S. embassy or consulate.

Step 5: Medical Examination The foreign fiance must undergo a medical examination by an approved physician.

Step 6: Attend the Interview Both parties should be prepared to demonstrate the legitimacy of their relationship during the visa interview.

Common Challenges and How to Overcome Them

Proof of Genuine Relationship Gather extensive evidence such as photos, travel records, and personal communications to prove your relationship's authenticity.

Meeting the In-Person Requirement If meeting in person is not feasible, provide documentation and explanations for why an exemption is necessary.

Timeline and Processing Times

The processing time for a K1 Fiance Visa can vary widely. Generally, it takes:

• 6-9 months for USCIS to process Form I-129F.

• 2-4 months for NVC processing and scheduling the visa interview.

Costs and Fees

The total cost for obtaining a K1 Fiance Visa includes:

• Form I-129F filing fee: $535

• DS-160 visa application fee: $265

• Medical examination fee: varies by country

Post-Visa Approval

Entering the U.S. Once the K1 visa is approved, the foreign fiance can enter the U.S. and must marry the U.S. citizen within 90 days.

Adjustment of Status After marriage, the foreign spouse can apply for a green card using Form I-485.

Rights and Responsibilities of a K1 Visa Holder

K1 visa holders can:

• Legally enter the United States for 90 days.

• Marry their U.S. citizen petitioner.

• Apply for a work permit after filing for adjustment of status.

Renewal and Replacement

K1 visas cannot be renewed. If the 90-day period expires without marriage, the foreign fiance must leave the U.S. immediately.

FAQs

What if we don’t get married within 90 days? If the marriage does not occur within 90 days, the foreign fiance must leave the U.S. and may face future immigration difficulties.

Can we travel outside the U.S. on a K1 Visa? Traveling outside the U.S. on a K1 visa is not recommended as it may lead to complications re-entering the U.S.

Conclusion

The K1 Fiance Visa process requires careful preparation and attention to detail. By following this guide, you can ensure that you and your fiance are well-prepared to navigate the application process and start your life together in the United States.

Resources

• USCIS Form I-129F

• USCIS Form I-485

• National Visa Center

• Fibi Law Firm

For personalized assistance with your K1 Fiance Visa application, contact Fibi Law Firm for expert guidance and support.