Getting a K-1 Fiance Visa Processed

A U.S. Citizen can petition for his/her fiancé (e) to come to the United States on a K-1 Fiancé (e) visa.  It is one of the fastest ways to get a visa because there are no limits to the number of K-1 visas given and no waiting beyond the time it takes to process the application. If approved, the fiancé (e) can go to her/his local United States Consulate and get a K-1 visa.  The couple must be married within 90 days of arrival in the United States.  And you only get one shot---if the fiancé (e) does not marry the petitioning U.S. citizen within 90 days, the fiancé (e) must leave the United States and cannot apply for another K-1 visa.

Petition for Alien Fiancé (e)

The Petition for Alien Fiancé (e) is the first step in the process of bringing your fiancé (e) (and the children of your fiancé (e)) to the United States.  The petition is Form I-129.

You must provide documentation that you and your fiancé (e) intend to marry within 90 days of arrival in the U.S., and have met in person in the past two years (unless proof is offered that religious custom does not allow meeting or it would mean extreme hardship to meet).   You must provide documentation of your status as a U.S. citizen.  You must provide documentation that you are free to marry (by providing necessary consent if age-required or providing dissolution paperwork if previously married). These are the basic requirements of the petition for alien fiancé (e). 

The following is information you will need to include in/with your application:

• You must disclose if you met your fiancé (e) through any kind of marriage broker and the USCIS will determine if the process used was in fact legal before approving the petition.  It is important that you disclose this information from the start.  Do not try to hide any details of how you met your fiancé (e). The consequences of lying on any immigration form are too high to risk it.
• Unmarried children of your fiancé (e) under age 21 may be listed on this form and may come to the U.S. with your fiancé (e).
• If your name (or your fiancé (e)’s) has changed you must provide documentation of the name change from the appropriate court.

Next Steps through the Embassy

Once your petition is approved, the USCIS will send it to the State Department to run a background check on both parties in the petition.  The petition is then sent to the U.S. Embassy for further processing.

When the Embassy has all the necessary documentation from your fiancé (e), the State Department and the USCIS, they will contact him/her for a personal interview.  The Embassy may request more documentation or information before the final decision is made on the petition.  The Embassy will also schedule a medical examination for the alien fiancé (e) and the fiancé (e) must attend the examination with the physician chosen by the Embassy.

The Personal Interview

The final step in the process is the personal interview.  All original documents (passports, birth certificates, etc.) should be brought to the interview for review by the immigration official.  (Copies should be mailed with the application so originals do not get lost.)  Your fiancé (e) will need to fill out a Nonimmigrant Visa Application (DS-156) in duplicate for her/himself as well as for each dependent child. 

The personal interview is an opportunity for immigration officials to personally judge the credibility of the applicant and the credibility of the relationship.  Historically aliens have used the K-1 visa process to quickly gain access to the U.S. with no intention of staying married to the person with whom they were engaged when they received the initial visas.  The personal interview is one step

Getting Help with the K-1 Visa

Due to the higher scrutiny involved and the high consequences it would be wise for a U.S. citizen to consult an immigration attorney before submitting a Petition for Alien Fiancé (e).  If you met your fiancé (e) online or through any kind of dating service, you should definitely get help from an attorney to avoid any unnecessary delay or questioning.