Fiancé(e) K-1 Non-Immigrant Visa

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Fiance Visa Lawyers – Fiancé(e) K-1 Nonimmigrant Visa 

The fiancé(e) K-1 nonimmigrant visa is meant for the foreign fiancé(e) of a U.S. Citizen (sponsor). It allows the foreign fiancé(e) to be able to enter the United States and marry his or her U.S. Citizen fiancé(e). The visa automatically expires after the 90 days of arrival into the U.S., and the deadline cannot be extended. Therefore, if the foreign fiancé(e) does not marry the U.S. sponsor within the 90 day timeline, he or she along with his or her children must leave the country.

The visa processing time can vary but typically a foreign fiancé(e) can enter the country within 6 to 12 months. The filing process is an intensive multi-step process. First, the U.S. Sponsor must file Form I-129 F, Petition for Alien Fiancé(e) with the USCIS office where the U.S. citizen lives. Once the petition is approved by the USCIS, it will be sent to the National Visa Center (NVC) where it will be given a case number and the petition sent to the U.S. Embassy or Consulate where the foreign fiancé(e) lives. Second, once the NVC sends the fiancé(e)s case to the U.S Embassy or Consulate, it will also send the U.S. sponsor a letter notifying him or her of such. When the U.S. sponsor receives the letter he or she must notify his or her foreign fiancé(e) to apply for a K-1 visa and provide the following documents for the interview:

  • 1. Provide the required documentation.
  • 2. Completed Form DS-160, Online Nonimmigration Visa Application and printed confirmation of the page.
  • 3. A valid passport that has a validity date of at least 6 months past the intended period of stay in the U.S. (bar country-specific agreements that provide exemptions).
  • 4. Birth certificate.
  • 5. If previously married, divorce or death certificate(s) for both Foreign-citizen fiancé(e) and U.S. Citizen sponsor.
  • 6. Police certificates from current place of residence and all other countries where the foreign-citizen has lived for more than 6 months since the age of 16.
  • 7. Medical examination by an authorized physician.
  • 8. Two, 2 x 2 photographs.
  • 9. Evidence of financial support (Form I-134, Affidavit of Support). 
The approval process varies for a K-1 visa and depends on the circumstances of each case. Often times it can be delayed or denied because the applicant failed to follow instructions or failed to provide complete information. The application approval process can be complicated especially in cases where the U.S. Embassy or Consular officer requires further information and therefore warrants further administrative processing. Given the complexities of requirements and evidence required, it is recommended that the parties seek out an immigration attorney for assistance.

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