The fiancé visa is generally referred to as the K1 visa. The K1 visa is an immigrant visa issued to the fiancé of a US citizen to enter the US.
Eligibility
To be eligible, the fiancé and the US citizen must be legally eligible to marry under the laws of the United States and the fiancé’s country. The marriage must take place within 90 days of the fiancé entering the US on a K1 visa. The fiancé and the US citizen must have met within the last two years before the filing of the K1 visa petition.
Procedure for filing petition
The process for getting a K1 visa has many steps. The US citizen generally referred to as the petitioner must file the petition with the United States Citizenship and Immigration Services (USCIS). The petitioner must file Form I-129F Petition for Alien Fiance together with Form G-325A Biographic Information. The petitioner must also submit proof of US citizenship, some evidence of courtship and pay the petition fees. Once the petition is submitted, the USCIS will review the petition and within a few weeks, the petitioner will receive the Form I-797 Notice of Action from the USCIS acknowledging the receipt of the petition. If the petition is approved, the petitioner will receive another Notice of Action informing about the approval. The USCIS will then forward the petition to the National Visa Center for conducting background checks. Once the background checks are completed, the file is transferred to the US Embassy/Consulate having jurisdiction over the fiancé’s place of residence.
Embassy/Consulate Process
The Embassy/Consulate will inform the fiancé about any country specific requirements such as medical examinations, documents, etc. The fiancé will have to appear before a Consular Officer for an interview. Besides a valid passport, the fiancé must submit the following to the Embassy/Consulate at the time of the interview:
- Birth certificate
- Divorce or death certificate of any previous spouse for both the applicant and the petitioner
- Police certificate from all places lived since age 16
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
- Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
- One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
- Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
- Evidence of a fiancé relationship
- Visa fees
Getting Legal Help
There is no guarantee that the K1 petition you file on behalf of your fiancé will be approved. Approval depends on many factors. An experienced US immigration attorney can provide valuable service by guiding you at the time of filing of the petition and also advice your overseas fiancé on the process. US immigration laws are strict. Even a small mistake can result in rejection of the petition.
