K1 Visa Process

Applying For K1 Visa

A. Filing The K1 Petition

Your U.S. citizen fiance must file the K1 fiance visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) along with the following forms and documents:

1. USCIS Form I-129F, Petition for Alien Fiance (If you have unmarried children who are under 21, they are eligible to accompany you, but only if they are listed on this form)
2. Evidence of U.S. citizenship of petitioner – Evidence can include original U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship or FS-240, Record of Birth Abroad of U.S. Citizen
3. Two Form G-325A Biographic Data Sheets (one for you and one for your fiance)
4. One passport style color photo of you and one of your fiance taken within 30 days of filing
5. Copies of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married
6. Proof of permission to marry if you or your fiance are subject to any age restrictions

B. Applying For The K1 Visa At An American Consulate

Once the USCIS approves of the petition, it forwards the file to the National Visa Center(NVC), who completes the intial processing for the K1 Visa. Once that is completed the NVC forwards the file to the American Consulate where you will be applying for the K1 visa. The petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

The NVC will notify you when the approved petition is received and provide you the necessary forms and instructions to apply for a K1 visa. You may have to submit the following documents as a part of your K1 fiance visa application at the American Consulate:

1. Valid passport
2. Copy of your birth certificate (must include Full name, date and place of bith, and parents full names)
3. Copies of any divorce decrees, death certificates, or annulment decrees if either of you have been previously married
4. Police certificate from all places where you have lived since age 16
5. Medical examination (you will receive instructions from the NVC or the consulate on completing the medical exam)
6. Evidence that your fiance will support you
7. Evidence of valid relationship with your fiance
8. Two color, passport style photographs (1 and 1/2 inches square (37x37mm), showing full face, against a light background)

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Duration of Stay

You must marry the U.S. citizen within 90 days of entering the U.S. Once the marriage has taken place in the U.S., you must apply to adjust your status to permanent resident.

Note: If you have been married less than 2 years when your adjustment of status is granted, You would initially receive a two-year conditional residence and would have to file additional paperwork later for removal of conditions on your residence.

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Children

Your unmarried, minor children derive K2 nonimmigrant visa status from you as long as the children are named in the K1 US fiance visa petition. A separate petition is not required if the children accompany or follow you within one year from the date of issuance of the K1 visa. Thereafter, a separate immigrant visa petition is required. They may also be eligible to take up employment during their stay in the U.S. They may seek permanent residence based on your marriage to a U.S. citizen.

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