Nonimmigrant Visa for a Fiance K 1 Form

What is the Nonimmigrant Visa For A Fiance K 1

The K-1 visa is a nonimmigrant visa that allows a foreign national fiancé of a U.S. citizen to enter the United States for the purpose of marriage. This visa is specifically designed for couples who intend to marry within 90 days of the fiancé's arrival in the U.S. Once married, the foreign spouse can apply for permanent residency through the adjustment of status process. The K-1 visa is often referred to as the fiancé visa and is a crucial step for couples wishing to unite in the U.S.

Steps to complete the Nonimmigrant Visa For A Fiance K 1

Completing the K-1 fiancé visa process involves several important steps:

• Filing the Petition: The U.S. citizen must file Form I-129F, the Petition for Alien Fiancé, with USCIS. This form establishes the relationship and intent to marry.
• USCIS Processing: Once the petition is approved, it is sent to the National Visa Center (NVC) for further processing.
• Visa Application: The foreign fiancé must complete the visa application process, which includes submitting Form DS-160 and attending a visa interview at a U.S. embassy or consulate.
• Medical Examination: The foreign fiancé must undergo a medical examination by an approved physician.
• Visa Issuance: If approved, the K-1 visa will be issued, allowing the fiancé to travel to the U.S.
• Marriage: The couple must marry within 90 days of the fiancé's arrival in the U.S.

Required Documents

To successfully apply for the K-1 fiancé visa, several documents are necessary:

• Form I-129F: The completed petition form filed by the U.S. citizen.
• Proof of Relationship: Evidence of the relationship, such as photographs, correspondence, and travel records.
• Passport: A valid passport for the foreign fiancé, with a validity of at least six months beyond the intended stay.
• Medical Examination Results: Documentation from the medical examination performed by an approved physician.
• Police Clearance: A police certificate to demonstrate the foreign fiancé's criminal history, if any.

Eligibility Criteria

To qualify for a K-1 fiancé visa, both parties must meet specific eligibility criteria:

• U.S. Citizen: The petitioner must be a U.S. citizen, not a permanent resident.
• Intent to Marry: Both parties must intend to marry within 90 days of the fiancé's arrival in the U.S.
• Legal Capacity: Both individuals must be legally free to marry, meaning any previous marriages must be legally dissolved.
• In-Person Meeting: The couple must have met in person at least once within the two years preceding the petition, with some exceptions.

Application Process & Approval Time

The application process for the K-1 fiancé visa can be lengthy and involves several stages:

• Petition Filing: The initial filing of Form I-129F can take several months for processing by USCIS.
• National Visa Center Processing: After approval, the petition is sent to the NVC, which may take additional time.
• Consular Processing: The foreign fiancé will then undergo the visa application process, which includes an interview and can take several weeks to months, depending on the consulate's workload.
• Overall Timeline: The entire process from filing the petition to visa issuance can take anywhere from six months to over a year.