K-1 Fiancee Visa DEFINITION

• The Immigration and Nationality Act provides a nonimmigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here.

• 30-120 days

• Click here for recent important news regarding the expansion of the K-1 Visa.

• To establish K-1 visa classification for an alien fiancée, an American citizen must file a petition, Form I-129F, Petition for Relative or Fiancée, with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States.

• Such petitions may not be adjudicated abroad.

• The approved petition will be forwarded by INS to the American consular office where the alien fiancée will apply for his or her visa.

• A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.

• Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa.

• The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.

• Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa.

• Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.

• In addition to the prescribed application forms, the following documents are normally required:

• Valid passport
• Birth certificate
• Divorce or death certificate of any previous spouse
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of support
• Evidence of valid relationship with the petitioner
• Photographs

• Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States.

• The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement.

• As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée.

• If found eligible, a visa will be issued, valid for one entry during a period of six months.

• A non-refundable $20.00 application fee is collected at posts which issue machine-readable visas.

• The marriage must take place within 90 days of admission into the United States.

• Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status.

• After two years, the alien may apply to the INS for removal of the conditional status.

Family Members

• The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition.

• A separate petition is not required if the children accompany or follow the alien fiancée within one year from the date of issuance of the K-1visa.

• Thereafter, a separate immigrant visa petition is required.

Note: K-1 holders CAN leave the US during the term of validity and return, by visiting the issuing embassy and getting a new K visa issued.  This new K-1 will still expire on the original's expiration date; e.g. you can't start the clock over.

Terminology:

Fiancee - The term fiancee will be used to include both male and female prospective spouses

INS - The U.S. Immigration and Naturalization
Service

Petitioner - The U.S. citizen who files a petition with an INS office in the United States on behalf of a fiancee asking that he or she be admitted to the United States for the purpose of marriage

Petition - INS form I-129(F) “Petition to Classify Status of Alien Fiance or Fiancee for Issuance of Nonimmigrant Visa”

Beneficiary - The fiancee named in the petition

K-1 Visa - The visa category for the fiancee of a
U.S. citizen

K-2 Visa - The visa category for the minor children of a K-1 visa holder

Packet 3 - Information that the Embassy sends to your fiancee, which specifies the documents that must be obtained and presented at the visa interview

Packet 4 - Information that the Embassy sends to your fiancee setting an appointment date and explaining how to obtain the required medical examination

First Step -- Filing the Petition

To begin the K-1 process, you file a petition at the Immigration and Naturalization Service (INS) office having jurisdiction over your current or intended residence in the U.S.

There is a filing fee of $95.00 for the petition.

The children of your fiancee must be listed in the petition even if they will not be traveling at this time.

INS sets the requirements for petition approval.

Petitions for K-1 visas cannot be filed or approved outside the United States.

You must present the following supporting documentation
with your petition:

• Evidence that you are an American citizen, such as your birth certificate, Naturalization Certificate or your American passport.

• Your fiancee’s birth certificate.

• Proof of termination of any prior marriages of the petitioner and beneficiary, such as a divorce decree or death certificate.

• Evidence that you have met your fiancee and evidence of your relationship, such as letters, telephone bills, and photos.

Any documents in a foreign language should be accompanied by an English translation.

This documentation confirms your identity and that of your future spouse and proves that both of you are legally free to marry.

You should have met with your fiancee during the two years prior to the filing of the petition.

INS will notify you when they have approved the petition and will send it via diplomatic pouch to the U.S. Embassy for further processing.

It often takes four to six weeks for a petition to reach the Embassy from the United States and sometimes longer.

Ask the INS directly if you have further questions about the petition process and petition approval requirements.

Second Step -- When Your Petition is Approved

When your have received an approval notice from INS, the Embassy will open a provisional case file for your fiancee.

Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists.

Opening a provisional file allows us to start processing the case before we receive the petition from INS.

To open a provisional file we will need the following items:

• A copy of the approval notice from INS

• Your fiancee’s full name, date of birth, and place of birth

• A complete current mailing address for your fiancee

This information should be sent to the embassy by fax, addressed to the Immigrant Visa Section.
 
The fax should clearly state that you wish a provisional K-1 file to be opened for your fiancee.

Third Step -- Processing the Provisional Case

For all cases we must send a name check cable that requires a reply from the FBI.

When the embassy opens a provisional file, we send a Packet 3 to the beneficiary.

The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview.

Packet 3 asks your fiancee to assemble the following documents:

• Valid passports for the beneficiary and any dependent children.

• Birth certificates for the beneficiary and any dependent children.

• Proof of termination of any prior marriages.

• A police certificate from the current place of residence of the beneficiary, as well as from any place or places of residence for 6 months or more since attaining the age of 16.

• Police certificate(s) for any dependent children over 16

Any documents in a foreign language should be accompanied by an English translation.

When your fiancee has collected all the documents specified in Packet three, he or she should notify the Embassy by returning the form in Packet 3 (Optional Form 169) certifying that all required documents have been obtained.

Fourth Step -- Scheduling an interview

The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when we have received
the following items:

• The actual approved petition from INS or telegraphic notice of approval from INS

• Clearances from the required name checks

• A signed Optional Form 169 from the beneficiary

• We will accept a faxed copy of Optional form 169.

We will consider requests for interview scheduling on the basis of official telegraphic notification from INS of petition approval on a case- by-case basis.

You or your lawyer may make such a request by fax.  We encourage you to do so before arranging for telegraphic notification from INS.

In cases where the request is granted, the Embassy may request additional information from you regarding your marital history and the history of your relationship with your fiance.

Packet 4 contains an appointment date and instructions on where to go to complete the medical examination.

The medical exams must be performed by one of the physicians identified in Packet 4.

Applicants should bring their vaccination records to the medical exam and may be asked to have additional vaccinations at that time.

In addition to mailing Packet 4, we will, upon request, notify by fax attorneys of record or interested petitioners not represented by an attorney that Packet 4 has been sent and an appointment date has been set.

This request should be included in the original fax sent to the Embassy asking us to open a provisional case.

Fifth Step -- The Visa Interview

On the date of the appointment your fiancee should come to the Immigrant Visa section of the Embassy.

Minor children under 14 do not need to attend the interview.

Your fiancee will need to fill out a Nonimmigrant Visa Application (OF-156) in duplicate, as well as a supplement to form OF-156 required in K visa cases.

Each dependent child will also need Nonimmigrant Visa Applications in duplicate.  Original documents, not copies, should be brought to the interview.

Originals of primary documents, such as birth, marriage, and death records, will be returned to the applicant after the interview.

Your fiancee will be asked to present:
 

• Valid passports for the beneficiary and any dependent children

• Birth certificates for the beneficiary and any dependent children

• Proof of termination of any prior marriages of both petitioner and beneficiary

• Police certificate(s) for the beneficiary and any dependent children over 16 years of age

• Vaccination results for the beneficiary and any dependent children

• Medical exam results for the beneficiary and any dependent children

• Proof of adequate financial support once in the United States to ensure that your fiancee and dependent children will not become public charges.

• Supporting documentation verifying the relationship between the petitioner and beneficiary

Documentation regarding financial support can be in any form so long as it contains enough detail and information for the consular officer to conclude that the beneficiary will not become a public charge.

After a consular officer has reviewed the case, your fiancee will be interviewed.

The consular officer will ask your fiancee questions about your relationship, such as how you met and when you decided to marry.

The consular officer is required by law to verify that your relationship with your fiancee is real and that you do intend to marry within 90 days of your fiancee’s arrival in the United States.

Your fiancee will be required to sign a statement regarding his or her legal capacity to marry and intention to marry.

Provided everything is in order at the time of the interview, your fiancee will receive a visa the same day.

Your fiancee and each dependent child will pay a $45.00 non- refundable machine-readable-visa fee on the day of the interview.

Supporting documentation, including the K petition, birth certificate, Nonimmigrant Visa Application, and medical exam will be placed in a sealed envelope and given to the applicant for presentation to INS at the port of entry.

Frequently Asked Questions:

Q.  What is the process for extending a visa beyond the original four month validity?

A.  The process is very simple.  A consular officer can revalidate a K visa petition any number of times for additional periods of 4 months provided the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.  To have the petition revalidated send a written request to the Embassy that includes a statement of your intention to go forward with the marriage.

Q.  Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary?

A.  No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary.  This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance.  If a dependent child of your fiancee seeks to enter the United States more than one year after your fiancee has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.

Q.  Should I include all of my fiancee’s children in the K visa petition?

A.  INS holds that all children of a K-1 beneficiary must be listed on the visa petition.  If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to INS for reconsideration.

Q.  What if my fiancee is pregnant and this is not disclosed on the approved petition?

A.  Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage.

Q.  If I decide not to get married to my fiancee can I cancel the petition?

A.  You should make a written request to the Embassy asking to withdraw the petition.  You may wish to notarize such a statement so we can be assured that you personally are asking the petition to be withdrawn.

Q.  If my fiancee entered the U.S. on a K visa, but had to leave before we were married, what can I do get my fiancee a new K visa?

A.  K visas are issued valid for a single entry and a 6-month period.  If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with INS prior to your fiancee’s departure, you will need to start the K visa process again.
 

If you would like one of our Immigration Attorneys to assist you in obtaining a K-1 visa for your fiancee, please complete and submit the following form to request a retainer agreement:

Our attorney fee is $600. It breaks down as follows:

$400 to start the case.
$200 due upon INS Approval.