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Fiance visa K-1 - explained
Table of contents:
K-1 Visa Explained
K-1 visa application process, step by step
I-129F Petition Processing Timeframes
Cost of a K-1 visa or how much does a K-1 visa cost?
K-1 fiancé visa requirements
Rule “Personal meeting within 2 years”
What is the K-1 fiancé visa denial rate?
Changes in Status from K-1 Visa to Marriage Green Card
K-1 Visa Explained
What is a K-1 visa?
The K-1 fiancé visa, also known as the fiancee visa, is a nonimmigrant visa designed for foreign nationals who plan to marry and immigrate to the United States to live with a United States citizen. It allows an alien to enter the United States for the purpose of marrying a US citizen within 90 days of entry.
Important Points About the K-1 Fiancé Visa
Purpose: The K-1 visa is available to a couple in which one partner is a U.S. citizen and the other is an alien, and they plan to marry in the United States.
Decor: A US citizen must file a petition I-129F (Petition of Intent to Marry) in the name of the foreign fiancé/bride with USCIS. Once the petition is approved, it is forwarded to the NAF and then to the U.S. Consulate in the alien's country for processing of the visa application.
Stay time: The K-1 visa holder is allowed to remain in the United States for 90 days from the date of entry. During this period, the couple must get married.
Change of status: After marriage, the foreign spouse has the right to apply for a change of status to permanent resident status (green card) to remain in the United States.
Registration process: The K-1 visa process can be lengthy and requires strict regulations and documentary requirements. It also involves a medical examination and interview at the consulate.
The K-1 fiancé visa provides an opportunity for couples separated by borders to reunite and begin a future together as a family in the United States.
K-1 visa application process, step by step
Step 1: Form I-129F, Filing a Petition
The first step toward obtaining a K-1 visa to the United States is to file a Form I-129F (“Petition for Alien Fiancé(e)”) petition as a U.S. citizen with the United States Citizenship and Immigration Services (USCIS).
List of documents that must be included in the petition:
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Completed and signed by a US citizenForm I-129F;
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Proof of the petitioner's U.S. citizenship (e.g., birth certificate, certificate of naturalization, copy of passport);
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Evidence of the relationship (for example, photographs together, plane ticket reservations, hotel reservations, joint rental agreement, personal correspondence, letters from friends and relatives, etc.)
Before filing a petition, the couple must prove the existence of at least one personal meeting within 2 years before filing the petition.
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Letters of intent to marry within 90 days from the date of arrival of the bride and groom in the United States;
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If the foreign partner has previously been in the United States, you must attach copies of all previously issuedforms I-94;
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One passport photo of both partners
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Proof of payment of the petition fee.
Step 2: US National Visa Center (NVC)
Once the petition is approved, it is processed at the US National Visa Center. The department once again checks the correctness of the petition package, enters it into the system and assigns a new case number. Once the NBC has completed processing, it will issue a new case number to the beneficiary and send the case to the embassy.
Step 3: Instructions from the Embassy
After the case reaches the US Embassy assigned to the place of residence of the beneficiary (foreign bride, groom), instructions on further steps will be sent by email, as well as a list of necessary documents that will need to be provided at the visa interview.
Step 4: Registration in the USTrevelDocs system
After receiving instructions from the embassy, you will need to register an account on the websitehttps://www.ustraveldocs.com/ selecting the required US Polish country.
Step 5: DS-160
The foreign partner will need to fill outapplication form DS-160. This is an application directly for a visa. You must enter your personal information on Form DS-160.
Important!
Be sure to print the confirmation page after completing the online form. You will need to bring the confirmation page to your interview.
Step 6: Schedule an interview and pay the fee
After filling out the visa application form DS-160, you will need to pay the consular fee on the websitehttps://www.ustraveldocs.com/ online and select an interview date.
Step 7: Medical Examination
You will be required to undergo a medical examination prior to your K-1 nonimmigrant visa interview. A list of specialized clinics can be found on the website of the US Embassy in the interview countries.
Beforemedical examination We recommend checking that you have the required vaccinations; if not, then take care in advance and get vaccinated.
The cost of a K-1 visa medical examination depends on the age of the applicant and the country of interview. The average is +/- 200 US dollars.
Step 8: Visa interview.
To pass the visa interview you will need the following documents:
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Foreign passport with a validity period of at least 8 months. from the date of interview;
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Birth certificate + translation into English + copy
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Evidence of dissolution of previous marriages + translation into English + copy;
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Certificate of no criminal record + translation + copy;
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Two passport photos
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Medical examination envelope;
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Affidavit of Support (Form I-134);
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Tax returns of the petitioner, a US citizen, for the last 2 years;
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other documents as required by the consulate
A US consular officer will check your documents, conduct a visa interview, and make a decision on issuing a visa. If the officer requires additional information, he may request supporting documents or assignadministrative review.
Step 9: Arrival in the USA, marriage.
Once the visa is approved, the bride (groom) has 6 months from the IOM date to enter the United States. After arriving in the US, the couple has 90 days toget married.
If the couple decides not to marry, the foreign bride/groom is required to leave the United States. Since the K-1 visa has only one purpose - for a foreigner to enter the United States and marry the petitioner.
Step 10: Status Adjustment
This is the last step on the K-1 visa. After getting married on a K-1 visa, the bride will have toapply for adjustment of status. Unlike other types of visas, the K-1 visa requires a change of status based on marriage and obtaining a green card. A green card by marriage gives the right to become a permanent legal resident of the United States and opens up opportunities to legally reside, study and work in the United States.
I-129F Petition Processing Timeframes
Processing times for the I-129F (K-1 Fiancé Visa Petition) may vary depending on various factors, including USCIS (US Citizenship and Immigration Services) workload and the current petition processing situation. In 2023, the average time to process a petition I-129F takes 12 months, but they are subject to change.
How long does it take USCIS to process a US K-1 visa?
For current processing times for I-129F petitions and the most accurate information, you can visit the official USCIS website (https://www.uscis.gov/) and check the “Processing Times” section. There you will find current processing time information for specific forms and petition categories, including I-129F. This site also provides information on how to check the status of your petition online through the Case Status Online service.
Please remember that processing times may change over time, so it is important to monitor official USCIS resources for the latest information.
Cost of a K-1 visa or how much does a K-1 visa cost?
The cost of the K-1 visa, or fiancé visa, may vary over time and is subject to change. The main components of K-1 visa costs include the following:
K-1 Visa Cost Breakdown
Filing an I-129F Petition: You will need to pay $535 to file your I-129F petition (Fiancé Visa Petition) with USCIS (United States Citizenship and Immigration Services). This amount is subject to change and you can find the latest prices on the official USCIS website.
Medical checkup: Your fiancée (or groom) will be required to undergo a medical examination at one of the medical clinics approved by the US embassy or consulate in your country. The cost of a medical examination may vary by depending on the location and medical clinic, as well as the age of the bride (groom). Usually the price varies plus/minus $200.
K-1 Visa Fee: Once your I-129F petition is approved and your consular interview is scheduled, your fiancée (or fiancé) will be required to pay a K-1 visa fee. The application fee for a K-1 nonimmigrant visa is $265.
Additional expenses: There may be additional costs for translations of documents, photographs, travel to interviews, payment for a lawyer or document preparation service, etc.
It is important to check the current prices and fees at the time you submit your petition and prepare for your consular interview, as they may change. You can find detailed information about fees and procedure on the official website of the US consulate or embassy in your country and on the USCIS website.
K-1 Fiancé Visa Requirements
U.S. Citizenship or Status: A K-1 visa petition can only be filed by a U.S. citizen, not a green card holder (permanent resident). If you are a US citizen, you can file a K-1 visa petition for your fiancé who is outside the United States.
Planned marriage: You and your fiancée must intend to marry within 90 days of her or his entry into the United States. The K-1 visa is intended for couples who are planning a married life.
A personal meeting: You and your fiancée (or fiancé) must have met in person within the last 2 years before filing the petition. Exceptions to this rule may exist in cases where a personal meeting would not be possible due to significant cultural, religious or social circumstances.
Lack of close family relationships: US laws prohibit marriage between close relatives. The K-1 visa is only available to single and unmarried individuals.
Compliance with laws and safety regulations: The petitioner and the beneficiary (bride or groom) must not have had any criminal or serious violations of US law.
Financial ability: A US citizen must be able to financially support his or her fiancée after she or he comes to the United States. This may require proof of financial solvency.
Filing an I-129F Petition: You must file an I-129F petition (Fiancée Visa Petition) with USCIS and have the petition approved before your fiancée (or fiancé) can receive a K-1 visa.
It is important to remember that requirements may change over time, so always check the official websites of USCIS and the US Consulate in your country for the latest information before beginning the petition process.
If you find it difficult to understand all the intricacies of the immigration process for obtaining a K-1 visa, you cancontact IVisaUSA for advice and we will take all the troubles upon ourselves!
Rule “Personal meeting within 2 years”
Two-year rule, also known as the "two-year meeting rule")
refers to a requirement that requires a couple filing a K-1 fiancé visa or K-1 fiancé visa petition to prove that they have met in person within the last 2 years prior to filing the petition. This requirement is important because the K-1 visa is intended for couples planning to marry and reunite in the United States.
Important aspects of the 2 year meeting rule:
A personal meeting:The couple, including the U.S. citizen, and his fiancée (or fiancé) must have met in person within the two-year period prior to filing the K-1 visa petition. The meeting may involve one partner traveling to the other's country to spend time together.
Exceptions:Some cases, such as cultural, religious or social circumstances, may be considered as exceptions to the 2 year meeting rule. This means that in some situations a face-to-face meeting may not be possible or advisable, but the requirements may be waived.
Evidence of the meeting: The couple must provide evidence of their personal meeting at the time of filing the petition. This evidence may include photos together, airline tickets, business records, receipts showing proof of residence in the same place, etc.
The 2-year appointment rule aims to prevent sham marriages and ensure that couples filing petitions for K-1 visas are in a genuine relationship and planning to marry upon entry into the United States.
What is the K-1 fiancé visa denial rate?
According to recent data, one in five K-1 visa petitions have been denied, which is about 20% of the total number of Form I-129F petitions filed (Fiancé Visa Petition). If you want to get approval and be sure that the petition is submitted correctly, you should turn to professionals.IVisaUSA assists in preparing documents for the petition I-129F. Rest assured that everything will be done correctly!
USCIS will approve your petition
Your petition will be filed correctly. You will avoid the typical percentage of rejections and denials on Form I-129F. Using our system, we guarantee that USCIS will approve your petition.
Changes in Status from K-1 Visa to Marriage Green Card
Changing status from a K-1 visa (fiancé visa) to a marriage green card (permanent resident) in the United States is usually the next step after entry into the country and marriage between a K-1 visa holder and a US citizen.
The process of status adjustment is described in more detail in the article“How to change your status in the USA after marriage, instructions for Adjustment Of Status (AOS)”
Here's the general process:
Marriage:After entering the US on a K-1 visa, you must marry a US citizen within 90 days of entry. This is one of the basic conditions of the K-1 visa.
Filing an I-485 Petition: To change your status to a permanent resident (green card), you and your U.S. citizen spouse must file an I-485 petition, known as an “Application to Register as a Permanent Resident or Change of Status.” This petition is filed with the United States Citizenship and Immigration Services (USCIS).
Waiting for a decision: After filing your I-485 petition, you will wait for USCIS to review your petition. This may take some time and you may need additional documents and interviews.
Biometric interview: You may be invited to a biometric interview where you will be required to provide your fingerprints and photograph to verify your identity.
Medical checkup: You will also need to undergo a medical examination by one of the USCIS approved medical providers. If you had a complete medical examination before the visa interview and less than 1 year has passed since the date of the medical examination, you can attach an existing conclusion to the petition.
Marriage Interview: Depending on your circumstances and where you live, you may be invited to a marriage interview. This may require providing evidence of your marital relationship and life together.
Obtaining a temporary green card: Once your petition is successful, you may be issued a temporary green card that will be valid for two years.
Removing the condition: A few months before your temporary green card expires, you will need to file an I-751 petition to remove the conditionality from your green card and receive a permanent green card.
Obtaining a permanent green card: After successfully completing the removal of conditionality process, you will receive a permanent green card that will be valid on a permanent basis.
The process of changing status from a K-1 visa to a marriage green card requires attention to detail and compliance with all deadlines and requirements, so it is recommended to hire professionals to facilitate the process. Submit an application on our website and we will take care of all the hassle.
Obtaining a K-1 visa is a rather lengthy process, which requires a well-prepared package of documents at each stage. We help our clients at all stages of the process - prepare and submit all forms, get approval and visa in your passport.