The K1 visa, also known as the Fiancé(e) visa, allows a US citizen to bring their foreign fiancé(e) to the United States for the purpose of marriage. The process begins with the US citizen filing Form I-129F with USCIS, followed by approval and case transfer to the US Embassy or Consulate in the foreign partner’s country. The beneficiary then completes a visa interview after a medical exam and submits required documents. Once approved, they must enter the US within six months and marry within 90 days of arrival. After marriage, the foreign partner can apply for a green card through Adjustment of Status.
-Must be a US citizen (NOT a green card holder) petitioning for a foreign fiancé(e).
-Engaged to a US Citizen.
-Intend to marry within 90 days of entry to the U.S.
-Must have met in person within the past 2 years (with rare exceptions waivers may be available for extreme hardship or cultural or religious reasons).
-Must be a genuine and legitimate relationship.
-Both parties must be legally free to marry, meaning prior marriages must be legally terminated.
Once you have established you are eligible you can move on to filing the paperwork.
The petitioner must fill in the I-129F, the petitioner will also need to fill in sections on behalf of their beneficiary.
The completed I-129F will then be added into a binder/folder to start the Filling packet. (filing packet help).
This folder should contain:
-Completed and Signed I-129F
-Form G-1145 (for email and text notifications)
-Filing Fee - $535 (check or money order to US Department of Homeland Security)
-Proof of Petitioner's US Citizenship (Copy of US Passport or Birth certificate, Certificate of citizenship).
-Copy of signed, dated letters of intent to marry from both petitioner and beneficiary.
-Copy of marriage termination documents if either of you were previously married.
-Proof of having met in person. (photos together, label them with dates and location. Recommended to include 3-6).
-Include passport stamps, boarding passes, flight itineraries, I-94, hotel bookings and travel receipts.
-Chat logs, emails, call history (a few pages but keep it concise).
-Affidavits from friends/family (optional).
-Passport Style photos (beneficiary and petitioner, write full names on the back of each and place in a labeled envelope).
-Proof of ongoing relationship through screenshots of conversations, call logs, social media evidence.
-Cover letter (Optional but highly recommended). Outlining the contents in your packet, names, date of submission, list of enclosed documents and petitioners contact information and signature.
USCIS will then send your case to the National Visa Centre (NVC).
The NVC will assign a case number and forward it to the US Embassy or Consulate in your fiancé(e)'s country.
(The NVC does not require action for the K1, you must wait for embassy instructions).
The beneficiary will receive packet 3/4. This will contain instructions to:
-Schedule a medical exam (The medical appointment must be attended before the interview a two week time frame is recommend).
-Fill out the DS-160 form and pay the $265 K1 visa application fee.
-Gather additional documents, Police certificates, birth certificates, I-134 affidavit of support from US Sponsor.
You must attend the interview with all the required and previously submitted, confirmation documents. Bring originals if applicable.
Be prepared to answer questions about your relationship. (Examples of questions that may be asked here).
The Visa will then typically be issued within a week if approved.
You must enter the US before the visa expires (Usually 6 months after visa issuance).
Must marry within 90 days of entry.
Once landing into the US you have 90 days to get married.
Once married you must apply for Adjustment of Status (AOS) to get your green card.
Apply for Social Security Number (SSN).
Consider applying for a work/travel permit (EAD - Employment Authorisation/AP - Advance Parole).