PETITION FOR ALIEN FIANCÉ(E) Application process overview

K-1 Visa (also known as a Fiance visa)

This is the visa that  allows the recipient to come to the United States for a maximum of 90 days to get married to a U.S. citizen and file for Adjustment of Status (to get his or her Green Card).

classification

K-1 This non-immigrant visa designation is available to the foreign fiancé(e) of a United States citizen

K-2 Fancé(e) children

STEP ONE

⚖️ Eligibility Criteria
To file this form, you must meet a specific set of criteria:

➡️ First of all, you must be a U.S. citizen;

➡️ If you are filing for your fiancé(e) you must show proof that both of you are free to  be legally married and that you intend to marry within 90 days after he or she is lawfully admitted into the United States;

➡️ You must also show proof that you have met in person within two years immediately prior to seeking permission for your fiancé(e) to come here  in order to marry you and apply for permanent residence;

Or

➡️ Prove that such a meeting never happened because of the extreme hardship it would entail or because it would have been a serious breach of the customs in his or her country.

 
📑Supporting Documents 

➡  Proof of meeting fiancé in person:

  • Color photographs of you and your fiancé(e) together. Don’t forget to write your names, date, and location on the back of each one. Provide at least two but no more than five photographs. If you only have one copy of the photo, make a color copy to send with the petition.  If it is a digital photo, have it professionally printed (if at all possible) or on a high quality printer. Put the photographs in a plastic bag or on a photo sheet and label the sheet. Note that original photographs may not be returned.
  • Copies of plane tickets and boarding passes.
  • Any additional material that helps prove the two of you have met in person, within the past two years.

➡  Proof of intent to get married:

  • Two to four copies of any or all of the following items from different times in your relationship. Copies of bills associated with your telephone conversations, relevant correspondence along with proof of when it was sent,  and other applicable written material, bills associated with wedding planning or your engagement. You may also submit any additional material that helps prove the two of you intend to get married.

➡  Proof of U.S. Citizenship:

  • A copy of the front and back of the U.S. citizen’s birth certificate; or a copy of ALL pages of the U.S. citizen’s passport as long as it is valid for at least five years; or a copy of the US Citizen’s naturalization certificate (front and back); or a copy of his or her certificate of citizenship (front and back).

➡  A copy of Form FS-20, or if the U.S. citizen petitioner or fiancé beneficiary was previously married:

  • A copy of final divorce decree(s) or certificate(s) for the US Citizen, and/or foreign fiance if either has been previously married.
  • A copy of the death certificate if the U.S. citizen’s and/or the foreign fiancé/e’s previous marriage ended due to the death of a spouse.

➡  If the U.S. citizen petitioner or fiancé(e) beneficiary’s name has changed:

  •  Attach a document to the petition that contains the prior name. You must also attach copies of the legal documents in which the name changed, such as a marriage certificate, adoption decree or court order.

➡  If the U.S. citizen petitioner has a criminal record:

  • If the U.S. citizen petitioner has prior convictions for or related to certain violent crimes he or she must submit certified copies of all court and police records showing the charges and dispositions for any specified conviction(s).

➡  The petitioner must seek a waiver from USCIS, If the U.S. citizen petitioner has filed two or more K1 fiancé(e) visa petitions in the past for other fiancés; or he or she had a previous K1 fiancé visa petition approved within the past two years.

📑Assembling the I-129F Package 
Be sure to include:

➡  Original statements (from both the U.S. citizen and foreign fiancé/e) swearing to their intent to marry within 90 days of entering the US on a valid K-1.

➡  One passport-type photo of the US Citizen with his or her full name written on the back.

➡  One passport-type photo of the foreign fiancé(e) with his or her full name written on the back.

➡  All Supporting Documents that apply to your case either written in English or translated from another language.

➡  Payment in the amount of $535 or as required by USCIS, payable by money order, personal check, or cashier’s check. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. 

 📩 Mail the I-129F Package to the USCIS

If you live in the United States or abroad and are filing Form I-129F, send it to:

 

 

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 660151
Dallas, TX 75266

For Express mail and courier deliveries:

USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

STEP TWO

 💡Once the I-129F is approved 🆗

Send the following to your fiancé(e) :

➡  A copy of the entire I-129f package;

➡  Copies of the supporting documents that you submitted

➡  Send signed, dated original letter reiterating your desire to marry your fiancé(e) and your ongoing support of the K-1 Visa

➡  I-134 Affidavit of Support form.  This should be signed, dated and accompanied by supporting documents including:

  • A bank/financial statement that reflects the date the account was opened, the total amount deposited for the past year and the current balance
  • Statement(s) from your employer on business stationary showing the date and nature of your employment, your salary and your job classification. You should also include copies of your two most recent pay stubs and a previous W-2 issued by the employer (if available).
  • If you are self employed, provide a copy of your most recent income tax return (or IRS transcripts), or other relevant paperwork.

➡  Proof of your ongoing relationship including photographs, relevant travel documents, and relevant correspondence occurring  from the time you filed (Notice of Approval from USCIS) and present.

⌛️ beneficiary attend an interview

owards the end of this process, the foreign fiancé(e) must attend an interview where a consular officer at the U.S. embassy in his or her country. The U.S. petitioner doesn’t have to attend this interview.

Foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) must bring the following forms and documents to the visa interview:

Completed Form DS-160, Online Nonimmigrant Visa Application.

(1) complete Form DS-160 and

(2) print the DS-160 confirmation page to bring to your interview.

A passport valid for travel to the United States that will remain in effect for at least six months beyond your intended period of stay in the U.S.

Police certificates from the country where you now live and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)

The results of the mandatory medical examination performed by an authorized doctor

Proof of financial support in the United States, including Form I-134, Affidavit of Support.

Two (2) 2x2 photographs. For more information, see the required photo format explained in Photograph Requirements

Evidence of relationship with your U.S. citizen fiancé(e) including the death certificate(s) or divorce decree(s) of any previous spouse(s) for both you and the U.S. citizen petitioner.

Payment of fees in the amount of $265.00 for each K visa applicant.

 

STEP THREE

💡After You Receive a K-1 Fiancé(e) Visa:

If you are approved for a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet that contains the documents you provided, in addition to some others prepared by the U.S. Embassy or Consulate. It is crucial that you do not open this packet.  The only person authorized to do so is the DHS immigration official upon your arrival in the United States.

As the K-1 visa holder, you must enter the United States either prior to or with o any qualifying children holding K-2 visas.

This visa allows you to apply for a single admission at a U.S. port-of-entry as long as the visa is valid, which at most will be six months after the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of entering the United States.

What if the bride has children?

A minor child of a bride or groom (unmarried and under the age of 21) automatically has the right to a K-2 visa. If the child’s country of residence is properly addressed, the US government will (with some exceptions) seek the consent of the father or mother of the child. This process can be quite long and it is better to take it into account before the process begins.

What are the requirements for applicants for a "K-1" visa?

A. Potential spouses must confirm that they have met personally for two years prior to filing the petition.

B. Their intentions to marry must be fair.

C. Voluntary desire to marry within 90 days from the date of arrival in the United States.

How long will it take to allow the bride (groom) to enter the US?

Typically, the process takes about 4-6 months from the date of submission of the petition. In cases where the USCIS requests additional evidence or suspects you of the authenticity of any information from you, the petition can be processed much more time.

What is the process of obtaining a K-1 visa?

Step One: Define the right to receive (you can use our compliance test)

Step Two: Documentation for filing a petition with the Immigration Service

Step Three: Submission of your petition by your Bridegroom or Bride (US citizen) to the USCIS and waiting for approval.

Step Four: If the petition is approved, the immigration service sends a package of documents to the US Embassy.

Step Five: The US Embassy receives an approved petition and sets a date for the interview with the bride or groom (residing abroad).

Step Six: The bride / groom (residing abroad) prepares documentation for the embassy.

Step Seven: The bridegroom / bride (residing abroad) is interviewed by the embassy.

Step Eight: With a successful outcome to the interview, the US Embassy eats an immigrant visa for travel to the United States.

Step Nine: You must marry in the US within 90 days

A detailed overview of obtaining a visa here

What If you met my Fiance online?

The USCIS not stoping you from dating online, just simply requare the petitioner to confirm that they meet IMBRA (International Marriage Broker Regulation Act) rules. See details here. 

Contact Attorney J.Greenberg ⚖️

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