K-1 Fiancé(e) Visa:

The K-1 visa is a critical pathway for international couples seeking to unite and build a life together in the United States. Understanding the process, requirements, and timelines is essential to ensure a smooth and successful application.

To qualify for a K-1 Fiancé(e) Visa, the petitioner and the foreign fiancé(e) must meet the following requirements:

1. U.S. Citizenship - The petitioner must be a U.S. citizen. Green card holders are not eligible to apply for a K-1 visa for their fiancé(e).
2. Intention to Marry - Both parties must have a genuine intention to marry within 90 days of the fiancé(e)'s arrival in the United States.
3. Meeting in Person - The couple must have met in person at least once within the two years prior to filing the petition. Exceptions to this requirement may be granted if meeting in person would violate cultural customs or result in extreme hardship.
4. Legal Capacity to Marry - Both parties must be legally free to marry. Any previous marriages must be legally terminated through divorce, annulment, or death.
5. Proof of Relationship - The couple must provide evidence of a bona fide relationship. This can include photographs, correspondence, travel itineraries, and affidavits from friends and family.

The K-1 visa process involves several steps, from filing the initial petition to obtaining the visa and entering the United States. Below is a breakdown of each phase:

Step 1: Filing the Petition

The process begins with the U.S. citizen petitioner filing Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship and initiates the request for a K-1 visa.

Key Points:

• The form must include evidence of the relationship, such as photos, communication records, and proof of in-person meetings.
• There is a filing fee, which must be submitted with the form.

Step 2: USCIS Review

Once filed, USCIS reviews the petition to ensure eligibility and completeness. If necessary, USCIS may issue a Request for Evidence (RFE) to seek additional documentation.

• If approved, the petition is sent to the National Visa Center (NVC) for further processing.
• If denied, USCIS will notify the petitioner with an explanation.

Step 3: National Visa Center (NVC) Processing

The NVC assigns a case number and forwards the approved petition to the U.S. embassy or consulate in the foreign fiancée’s country. The NVC notifies both the petitioner and the fiancée of the transfer.

Important:

• The foreign fiancé(e) will need to submit Form DS-160 (Online Nonimmigrant Visa Application) and gather required documents for the interview.

Step 4: Visa Interview

The foreign fiancée attends an in-person interview at the U.S. embassy or consulate. A consular officer reviews the application, supporting documents, and assesses the relationship’s authenticity.

Documents to Bring:

• Valid passport
• Birth certificate
• Police certificates
• Medical examination results
• Evidence of the relationship
• Financial Supporting documents from the petitioner

Step 5: Entry into the United States

If the K-1 visa is approved, the fiancé(e) can enter the United States. Upon arrival, the couple must marry within 90 days.

• If the couple does not marry within the 90-day period, the fiancé(e) must leave the U.S. or risk being out of status.

Step 6: Marriage and Adjustment of Status

After marriage, the foreign spouse can apply for Adjustment of Status (Form I-485) to become a lawful permanent resident (green card holder).

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The processing time for a K-1 visa can vary depending on several factors, including the caseload of USCIS, the National Visa Center (NVC), and the U.S. embassy or consulate in the fiancée’s country.

Estimated Timeline for 2025:

1. Form I-129F Processing (USCIS): 6 to 10 months
2. NVC Processing: 4 to 6 weeks
3. Embassy/Consulate Interview: 1 to 3 months (depending on appointment availability)
4. Overall Time from Petition to Visa Issuance: Approximately 6 to 15 months

Delays can occur if there are incomplete documents, background checks, or high application volumes. It's essential to monitor the status of the case regularly.

The total cost of obtaining a K-1 visa includes several fees at different stages of the process. Below is a breakdown of typical costs:

1. Form I-129F Filing Fee (USCIS): $535*
2. Form DS-160 (Visa Application Fee): $265
3. Medical Examination: $200 - $500 (varies by country)
4. Adjustment of Status (Form I-485) After Marriage: $1,140
5. Biometrics Fee (Adjustment of Status): $85

*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

The K-1 visa interview is a critical step where the consular officer evaluates the authenticity of the relationship. Here are some common questions the fiancé(e) may be asked:

• How did you meet your fiancé(e)?
• When and where did you last see each other in person?
• What are your fiancé(e)’s hobbies and interests?
• Have you met each other’s families?
• What are your wedding plans?
• How do you communicate while apart?

The key is to answer honestly and confidently. Any inconsistencies may lead to further questioning or delays.

K-1 Visa Timeline

The K-1 visa process typically unfolds as follows:

1. Petition Filing (Form I-129F): Month 1
2. USCIS Processing: Months 2-10
3. NVC Processing and Case Transfer: Month 3-11
4. Embassy/Consulate Interview: Months 5-13
5. Visa Approval and U.S. Entry: Month 6-14
6. Marriage and Adjustment of Status: Within 90 days of U.S. entry

This is a general timeline, and individual cases may vary.

Once the marriage takes place within 90 days of entering the U.S. on a K-1 visa, the foreign spouse must apply for Adjustment of Status (AOS) to obtain a green card and become a lawful permanent resident. This process formalizes the transition from a temporary visa to permanent residency.

Steps for Adjustment of Status

1. File Form I-485 (Application to Register Permanent Residence or Adjust Status):
   Form I-485 must be filed with USCIS after the marriage. This is the primary form used to initiate the green card process.
2. Submit Supporting Documents:
   Along with Form I-485, applicants need to provide:
   
   • Marriage certificate – Proof of marriage within the required 90-day window.
   • Proof of legal entry (K-1 visa and I-94 record).
   • Form I-864 (Affidavit of Support) from the U.S. spouse, demonstrating financial support.
   • Medical exam results (Form I-693) – If not already submitted during the initial visa process.
3. Attend Biometrics Appointment:
   Applicants will receive a notice to attend a biometrics appointment for fingerprints and photographs. This allows USCIS to conduct background checks.
4. Interview with USCIS:
   In most cases, the couple will be required to attend an interview to confirm the authenticity of the marriage. USCIS officers may ask about the couple’s relationship, daily routines, and future plans.
5. Receive Conditional Green Card:
   If approved, the foreign spouse will receive a conditional green card valid for two years. To remove the conditions, the couple must file Form I-751 (Petition to Remove Conditions on Residence) before the green card expires.

Need Guidance?
The Adjustment of Status process involves extensive paperwork and strict deadlines. Kulen Law Firm provides legal support to ensure all forms are filed accurately and on time, minimizing the risk of delays or denials. Our experienced immigration attorneys assist clients throughout the entire process, from marriage to permanent residency.

The K-1 visa process involves several critical steps that allow a U.S. citizen to bring their foreign fiancé(e) to the United States for marriage. Each step is essential to ensure the visa is approved and the fiancé(e) can enter the country lawfully.

1. File Form I-129F (Petition for Alien Fiancé(e))

The process begins when the U.S. citizen petitioner files Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This petition formally requests a K-1 visa for the foreign fiancé(e) and establishes the validity of the relationship. Supporting documents such as proof of in-person meetings, photographs, and communication records must be included to demonstrate a bona fide relationship.

Tip: Incomplete petitions are a common reason for delays. Kulen Law Firm ensures that all necessary documentation is submitted correctly, minimizing the risk of Requests for Evidence (RFEs).

2. Receive USCIS Approval

After submission, USCIS reviews the petition. If approved, the case is forwarded to the National Visa Center (NVC) for further processing. If the petition is denied or USCIS issues an RFE, additional documentation may be required.

3. NVC Processing and Case Transfer

Once at the NVC, the case is assigned a unique case number and transferred to the U.S. embassy or consulate in the fiancé(e)’s home country. The NVC notifies both the petitioner and the foreign fiancé(e) about the next steps.

4. Visa Interview at U.S. Consulate

The fiancé(e) will attend an in-person visa interview at the designated U.S. consulate. This step involves submitting Form DS-160 (Online Nonimmigrant Visa Application) and additional documents, such as a valid passport, birth certificate, police clearance, and proof of the relationship. The consular officer will evaluate the relationship’s authenticity during the interview.

Preparation is Key: Kulen Law Firm assists clients in preparing for this critical interview by offering mock interviews and document reviews to ensure readiness.

5. Entry to the U.S.

If the visa is approved, the fiancé(e) can enter the U.S. on a K-1 visa. Upon arrival, they are issued a Form I-94 (Arrival/Departure Record), allowing legal entry.

6. Marriage within 90 Days

The couple must marry within 90 days of the fiancé(e)’s arrival. If the marriage does not take place within this window, the fiancé(e) must leave the U.S. Failure to marry within 90 days may lead to visa violations or removal proceedings.

7. Apply for Adjustment of Status (Form I-485)

Once married, the foreign spouse must apply for Adjustment of Status by filing to obtain a green card. This application begins the process of transitioning from a temporary visa to lawful permanent residency.

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The full timeline for transitioning from a K-1 visa holder to a lawful permanent resident can vary based on processing times and individual circumstances. Below is a general overview of the timeline:

1. K-1 Visa Approval and U.S. Entry:

• The time from filing Form I-129F to receiving the K-1 visa typically ranges from 10 to 15 months. This includes USCIS processing, NVC transfer, and the consular interview.

2. Marriage:

• The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S.

3. File Form I-485 (Adjustment of Status):

• After marriage, the foreign spouse should file Form I-485 within 1 to 3 months to avoid gaps in lawful status. The best practice is to file the I-485 as soon as possible after getting married. 

4. Conditional Green Card Approval:

• USCIS may take 8 to 14 months to process the Adjustment of Status application. If approved, the foreign spouse will receive a conditional green card valid for two years.

5. Total Timeline:

• The entire process, from the initial K-1 petition to receiving the conditional green card, generally takes between 18 to 24 months.

Streamlining the Process:
Timelines can fluctuate due to backlogs or incomplete submissions. Kulen Law Firm provides expert oversight throughout the entire process to help couples avoid common pitfalls and expedite their path to permanent residency.

As previously outlined, the approximate cost of the K-1 visa process is $2,200 to $2,500, covering petition fees, visa application, medical exams, and adjustment of status. Additional costs may arise if legal assistance or expedited processing is required. Attorney costs are additional. 

If the couple does not marry within 90 days of the K-1 visa holder’s entry into the U.S., the visa expires, and the fiancé(e) must leave the country. Failure to do so may result in removal proceedings.

The following documents should be brought to the K-1 visa interview:

• Valid passport
• Form DS-160 confirmation page
• Medical exam results
• Birth certificate
• Police certificates from all countries of residence
• Proof of relationship (photos, communication records)
• Form I-134 (Affidavit of Support) from the U.S. petitioner

After the marriage, the foreign spouse can live and work in the U.S. while awaiting adjustment of status once the employment authorization (EAD) and advance parole (travel permit) applications are approved. These applications are filed by using Form I-765 and Form I-131.

Fiancé(e) Visa USA

The K-1 visa is specifically designed to allow a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. This visa is a critical component of U.S. immigration policy aimed at reuniting couples who intend to marry and establish their lives in the U.S.

Key Points About the K-1 Visa:

• The K-1 visa is a non-immigrant visa with immigrant intent.
• The visa holder must marry the U.S. petitioner within 90 days of entry.
• Children of the foreign fiancé(e) under the age of 21 can apply for K-2 visas to accompany the fiancé(e).

To qualify for a K-1 visa, both the petitioner and the fiancé(e) must meet certain eligibility criteria. These requirements ensure that the relationship is genuine and that both parties are legally capable of marriage.

1. Proof of U.S. Citizenship

The petitioner must be a U.S. citizen. Lawful permanent residents (green card holders) are not eligible to sponsor a fiancé(e) under the K-1 visa program.

Documents to Prove Citizenship:

• U.S. passport
• Birth certificate
• Naturalization certificate

2. Evidence of a Bona Fide Relationship

The couple must demonstrate that their relationship is genuine and not solely for immigration purposes. USCIS requires substantial evidence to verify this.

Examples of Acceptable Evidence:

• Photos of the couple together
• Travel records (boarding passes, hotel receipts)
• Communication logs (emails, texts, call records)
• Affidavits from friends and family confirming the relationship

3. Meeting in Person

The couple must have met in person at least once within the two years prior to filing the petition. This requirement can only be waived in cases where meeting in person would:

• Violate strict cultural or religious customs.
• Cause extreme hardship to the U.S. citizen petitioner.

4. Legal Capacity to Marry

Both the U.S. citizen and the foreign fiancé(e) must be legally free to marry at the time of petition filing. Any previous marriages must have been legally terminated through divorce, annulment, or death.

5. Intent to Marry

The petitioner and fiancé(e) must provide written statements confirming their intent to marry within 90 days of the fiancé(e)’s arrival in the U.S.

After the marriage takes place, the next step is for the foreign spouse to apply for lawful permanent residency (a green card). The process includes filing for Adjustment of Status, followed by receiving either a conditional or permanent green card.

Steps to Transition to a Green Card:

1. Marriage: Must occur within 90 days of the fiancé(e)’s arrival.
2. File Form I-485 (Adjustment of Status): This step initiates the green card application.
3. Attend Biometrics Appointment: USCIS will collect fingerprints and photos.
4. Interview: Both spouses may be interviewed to confirm the legitimacy of the marriage.
5. Conditional Green Card (CR-1): If the marriage is less than two years old at the time of approval, the spouse will receive a conditional green card valid for two years.

Removing Conditions on Residency

To remove conditions, the couple must file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day period before the green card expires. Failure to remove conditions may result in loss of residency status.