A K1 Visa permits a fiance of a U.S. citizen to travel to the U.S. for their wedding and to adjust their status to become a permanent citizen. First, a U.S. citizen fiance files form I-129F at the U.S. Citizenship and Immigration Services to initiate a K1 marriage Visa. Once The citizenship office of the U.S., as well as immigration services, approve the 1-129F petition, the K1 fiance Visa petition goes to the national Visa center. After that, it finally goes to the American Embassy abroad.
After the interview, the United States Embassy will issue the K1 Visa to the fiance. The K1 Visa usually lasts six months, giving the foreign fiance plenty of time to travel to the U.S.
After the foreign national fiance has traveled to the United States, they should marry and file for adjustment of position.
What Do You Need To Obtain A K1 Fiance Visa?
You need to meet the following requirements to get a K1 fiance Visa:
- The fiancee must be a citizen of the U.S. A non-American resident cannot support a fiance for a K1 Visa.
- A citizen of the U.S. and a foreign national fiance should have met within two years of applying for the K1 Visa petition. In a few cases, these criteria may be waived.
- The couple should plan to wed within 90 days after the arrival of the foreign national fiance in the U.S.
- A foreign national fiance should not have any fraud-based or criminal convictions.
How To Get A K1 Visa?
Obtaining a K1 marriage Visa and the timeline will vary depending on where your K1 Visa is being processed. While some embassies offer a faster and more efficient Visa procedure, others take longer. The process from filing your I-129F to getting the K1 Visa will take between 4 and 7 months. These measures and times for each step:
USCIS Processing:
You’ll receive a message acknowledging receipt. It will come within two or three weeks of filing the I-129F petition at USCIS. It will let you know that your requisition is being processed. The USCIS stage is usually three months long, although there is no particular time limit for the K1 fiance Visa petition. After USCIS processes the I-129F requisition, you will be notified that your claim has been sent to The NVC.
National Visa Center:
After the USCIS approves your petition, you’ll obtain another notice informing you that the I-129F case was accepted and forwarded to NVC. They serve as a mediator between USCIS as well as embassies overseas. Although you won’t be submitting any substantive documents or forms to NVC for a K1 fiance Visa petition (or other types of documentation), the NVC still accepts your application and forwards it to an embassy. This step usually takes a month.
The Embassy:
After the case is in the hands of the U.S. Embassy, biometrics, a medical exam, and an interview must be scheduled. Additional forms and documents that are impossible to complete before the step must be submitted to the embassy. The Embassy stage is very complex and can take up to three weeks. Depending on the productivity of that embassy, it could take as long as two months. Finally, the interview is completed, and the foreign fiance can receive this K1 Visa.
How An Attorney Can Help With Your K1 Fiance Visa
Although USCIS doesn’t require you to hire an attorney to process your fiance’s Visa, an experienced immigration lawyer can be a great help. An experienced attorney familiar with K1 fiance Visa processes can help you ensure that your forms are completed correctly, that the correct documents are submitted, and that there are no delays in getting your case ahead.
Conclusion
This article will help you realize that every case is unique and that an attorney can spot issues in your K1 fiancé Visa case that may not be obvious to the layperson. Additionally, getting a K1 fiancé Visa can be stressful and complex. Understanding that you are in the hands of an experienced immigration attorney can help ease some of that stress.
