K-1 Fiance Visa

USCIS Processing Time Information for K-1 Fiance Visas – (as of July 31, 2017)

California Service Center:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child March 1, 2017

Texas Service Center:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child March 1, 2017

Vermont Service Center:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child February 27, 2017


USCIS updated their published processing times on July 31st, 2017.

The chart will show most of the types of forms processed at the field office or service center.

If the field office or service center is meeting its goal for processing a form, you will find the timeframe listed in months.

For example, if the office is processing I-129F applications in five months or less, then the chart will say “5 months.”

However, if the office is experiencing a processing delay, you will find the filing date of the last case that the office completed before updating the chart.

K-1 Visa Client Approval – USCIS Approval in 135 days

We filed a K-1 Fiance Visa petition with USCIS (California Service Center) on 4/13/2017 and received the USCIS approval notice on 9/01/2017:

K-1 Visa Client Approval

USCIS Filing Date: 04/13/2017

Received I-797C Notice of Action for I-129F: 04/19/2017

Received I-129F Approval Notice: 09/01/2017

Processing time from Filing with USCIS to Approval: 135 Days

I-129F USCIS I-797 Receipt #: WAC-17-902-90790

K-1 Visa Client Approval – USCIS Approval in 132 days

We filed a K-1 Fiance Visa petition with USCIS (California Service Center) on April 14, 2017 and received the USCIS approval notice on August 24, 2016:

USCIS Filing Date: 4/14/2017

Received I-797C Notice of Action for I-129F: 4/19/2017

Received I-129F Approval Notice: 8/24/2017

Processing time from Filing with USCIS to Approval: 132 days

I-129F USCIS I-797 #: WAC-17-902-90775

USCIS Releases New Form Versions, Effective Immediately

From AILA.

Today, December 23, 2016, USCIS posted a large number of new form versions. The forms all have an effective date of today, December 23, 2016, and the website indicates that no other versions of the forms are acceptable, with the exception of Form I-129. It appears USCIS is accepting prior version of Form I-129. No prior notice of these changes was given, and there was no alert sent to stakeholders today.

AILA reached out to USCIS and made it clear that it should have given notice to stakeholders and to demand a grace period during which prior form versions could be submitted. AILA also noted that form vendors need time to reprogram the case management software systems. USCIS responded that while it strongly encourages people to use the new version of the forms, as indicated on its website, it is aware that there may be older editions of the forms that have already been completed and are in the queue to be mailed and/or filed. USCIS said that it will be flexible and will apply discretion when receipting forms, rather than rejecting them outright.

Affected forms include the following: I-90, I-102, I-129, I-129CW, I-129F, I-130, I-131, I-131A, I-140, I-191, I-192, I-212, I-290B, I-360, I-485, I-485 Supplement A, I-525, I-539, I-600, I-600A, I-601, I-601A, I-612, I-690, I-694, I-698, I-751, I-765, I-800, I-800A, I-817, I-824, I-910, I-924, I-924A, I-929, I-942, I-942P, N-300, N-336, N-400, N-470, N-600, and N-600K.

K-1 Fiance Visa for Same-Sex Couples

The K-1 fiancé visa is available to same-sex couples since the U.S. Supreme Court’s overturned of key portions of DOMA.

Per the regulations you are required to prove 1) that you are a U.S. citizen, 2) that the two of you have met face to face in person within the last two years, 3) that the two of you plan to marry within 90 days of your intended’s entry into the United States, 4) and that your partner is not inadmissible to the U.S. for health, crime, security, past unlawful presence in the U.S., or other reasons.

After your fiancé arrives in the U.S., you are required to marry within 90 days, and then prepare and submit your new spouse’s adjustment of status (green card) application.

You will want to get married in a State that recognizes same sex marriage.

For additional information visit our K-1 Fiancé Visa information section.

Crime, Felony Convictions and the K-1 Fiance Visa

The International Marriage Broker Regulation Act requires that fiancées be given a brochure about domestic violence, and requires that American petitioners who have been convicted of certain crimes of violence, abuse or multiple crimes involving drugs declare this on the petition, among other things.

If two or more K-1 visa petitions were filed at any time in the past or if a petitioner previously had a K-1 visa petition approved within two years prior to the filing of another petition, the petitioner must apply for a waiver.

To request a waiver a written request must be submitted with the new petition accompanied by documentation of the claim to the waiver.

Under the Adam Walsh Child Protection and Safety Act, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K-1 visa.

The Secretary of the Department of Homeland Security can issue a waiver of this Act at his sole discretion.

K1 Fiance Visa Processing Times

Below are published USCIS processing times from 5/31/2014 for the I-129F portion of the K-1 Fiance Visa:

California Service Center:  5 months

Vermont Service Center: 5 months

Children of Fiancées (K-2 Visa Holders)

Board of Immigration Appeals (Board) June 23, 2011 decision, Matter of Le.

The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States.

In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States.

The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.

Consular Fees

Consular fees:

Non-Immigrant Visa Fees*
Nonimmigrant visa application $ 131.00 $ 140.00
1.   H, L, O, P and R categories $ 131.00 $ 150.00
2.   E Visas $ 131.00 $ 390.00
3.   K Visa $ 131.00 $ 350.00
4.   BCC Adult $ 131.00 $ 140.00
Immigrant Visa Fees
IV Application Processing Fee
1.   Family-based immigrant visa $ 355.00 $ 330.00
2.   Employment-based immigrant visa $ 355.00 $ 720.00
3.   Other immigrant visas (SIVs, DVs, etc.) $ 355.00 $ 305.00
IV Security Surcharge $   45.00 $   74.00
Diversity Visa Lottery surcharge $  375.00 $ 440.00
Domestic review of Affidavit of Support $    70.00 $   88.00
Determining Returning Resident Status $  400.00 $ 380.00
Passport Fees
Passport Book – adult $ 100.00** $ 135.00**
Passport Book – minor $  85.00** $ 105.00**
Passport Book Renewal – Adult $ 75.00 $ 110.00
Additional passport visa pages $  82.00
Passport Card – Adult $  45.00** $  55.00**
Passport Card – Child $  35.00** $  40.00**
Consular Report of Birth Abroad $  65.00 $  100.00
Renunciation of U.S. Citizenship $  450.00
File Search and Verification of U.S. Citizenship $  60.00 $  150.00
Overseas Citizens Services
Disposition/Shipment of Remains of a non-U.S. Citizen $265.00 + expenses $200.00 + expenses
Documentary Services
Notarials, Certifications of True Copies, Authentications, provision of Department of State records $ 30.00 (first),
20.00 (addt’l)
$ 50.00
Judicial Services
Processing Letters Rogatory & FSIA $ 735.00 $ 2,275.00
Taking Depositions or Executing Commissions:
1.   Scheduling/Arranging Depositions $ 475.00 $ 1,283.00
2.   Attending or Taking Depositions $ 265.00/hr + expenses $ 309.00/hr + expenses
3.   Swearing in Witnesses $ 265.00/hr + expenses $ 231.00/hr + expenses
4.   Supervising Telephone Depositions $ 265.00/hr + expenses $ 231.00/hr + expenses
5.   Providing Seal and Certification $ 70.00 $ 415.00
Administrative Services
Consular Time Charges (per hour) $ 265.00 $ 231.00

*New NIV fees were instituted June 4, 2010.
**This includes a $25 Execution fee not retained by Department of State.

Filing Location for Form I-129F

Form I-129F petitions filed by a U.S. citizen on behalf of a fiancé(e) or spouse must be submitted to the USCIS Dallas Lockbox.

File Form I-129F at the USCIS Dallas lockbox.

U.S. Postal Service (USPS):
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151

FedEx, UPS, and DHL deliveries:
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

Applicants filing a form at a USCIS Lockbox facility may elect to receive an e-mail and/or text message notifying them that their petition has been accepted by completing Form G-1145, E-Notification of Application/Petition Acceptance, and attaching it to the first page of their application.

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