VISAS
K-1 Visa Process
The K-1 visa serves the primary purpose of allowing a foreign fiancé(e) to legally enter the United States, marry their U.S. citizen partner within 90 days of arrival, and then begin the process of adjusting their status to become a lawful permanent resident. To be eligible for a K-1 visa, several conditions must be met:
- Bona Fide Intention to Marry: Both the U.S. citizen petitioner and the foreign fiancé(e) must demonstrate a genuine intention to marry within 90 days of the fiancé(e)'s arrival in the United States.
- In-Person Meeting Requirement: The couple must have met in person at least once within the two years preceding the filing of the petition, unless such a meeting would violate strict cultural or religious customs or result in extreme hardship to the U.S. citizen petitioner.
- Legal Capacity to Marry: Both parties must be legally free to marry, meaning any previous marriages have been legally terminated through divorce, annulment, or death.
Application Process for the K-1 Visa
The application process for a K-1 visa involves several detailed steps, each requiring careful attention to detail and thorough documentation:
- Filing Form I-129F: The process begins with the U.S. citizen petitioner filing Form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS). This form must be accompanied by evidence of the relationship, proof of having met in person, and other supporting documents such as photographs, correspondence, and affidavits from friends and family.
- USCIS Review: USCIS reviews the petition to ensure all information is accurate and complete. They may request additional evidence if necessary. This review process typically takes several months.
- National Visa Center (NVC) Processing: Upon USCIS approval, the petition is forwarded to the National Visa Center (NVC), which then sends it to the U.S. embassy or consulate in the foreign fiancé(e)'s country.
- Consular Interview: The foreign fiancé(e) must attend an interview at the U.S. embassy or consulate. They will need to provide various documents, including proof of the relationship, police clearances, a medical examination, and other forms. The consular officer assesses the validity of the relationship and the eligibility of the applicant.
- Visa Issuance: If the interview is successful, the K-1 visa is issued, allowing the foreign fiancé(e) to travel to the United States.
Post-Arrival Requirements
Upon arrival in the United States, the couple must marry within 90 days. After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process includes a biometrics appointment and possibly an interview.
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