The K-1 visa is the means by which you can bring your foreign fiancé to the United States. The K-1 visa, also known as the Fiancé Visa, enables foreign nationals to enter the United States in order to marry their U.S. citizen partner within 90 days of their arrival. The process can be challenging to navigate, but comprehending the steps, timeline, costs, and necessary documentation will facilitate your journey. This guide will provide a comprehensive overview of the K-1 visa process, with a particular emphasis on applicants residing in San Diego.
Summary of the K-1 Fiancé Visa
The K-1 visa is intended for foreign nationals who are engaged to U.S. citizens, enabling them to enter the country and marry within 90 days. Once married, the foreign spouse may apply for a marriage-based green card in order to transition to permanent resident status.
Processing Time for K-1 Visas
The average processing time for a K-1 visa is approximately seven months as of July 2024. This timeline is subject to change depending on the completion of the application, the workload of USCIS, and the duration of the background check. It is imperative to submit an application in advance to account for potential delays, particularly when organizing a wedding in the United States.
Expenses Associated with the K-1 Visa
As of July 2024, the cost of applying for a K-1 visa is approximately $940. This encompasses the filing fee for the DS-160 visa application, the Petition for Alien Fiancé, and Form I-129F. It is crucial to acknowledge that there may be supplementary expenses, such as medical examinations, document translations, and travel expenses for the visa interview.
K-1 Visa Process: Step-by-Step Guide
1. Submit Form I-129F, Petition for Alien Fiancé.
The initial step in the K-1 visa process is for the U.S. citizen petitioner to submit Form I-129F to U.S. Citizenship and Immigration Services (USCIS). This form validates the legitimacy of the relationship and confirms the intention to marry within 90 days of the fiancé’s arrival in the United States. All necessary documentation is included:
Evidence of U.S. citizenship
Photographs and communication records are examples of evidence that a relationship is genuine.
Copies of divorce decrees or death certificates, if either party was previously married.
Two passport-style photographs of the petitioner and their fiancé
2. Review and Approval by the United States Citizenship and Immigration Services
The application and supporting documents will be reviewed by USCIS after the I-129F petition is submitted. Upon approval, the case is forwarded to the National Visa Center (NVC), which assigns a case number and sends it to the U.S. Embassy or Consulate in the fiancé’s home country.
3. Submit Form DS-160 and attend the visa interview.
Form DS-160, the Online Nonimmigrant Visa Application, must be completed by the foreign fiancé, and the corresponding fee must be paid. The applicant schedules a visa interview at the U.S. Embassy or Consulate after submitting the DS-160. The fiancé will be required to present the following during the interview:
A passport that is valid
Page of confirmation for Form DS-160 that has been completed
Birth certificate
Police clearance certificates from all countries in which the individual resided for a period exceeding six months
Report of a medical examination conducted by a physician who has been
Affidavit of Support from the U.S. citizen petitioner
4. Participate in the visa interview
A critical phase of the K-1 visa application process is the visa interview. The consular officer will evaluate the validity of the relationship and confirm the applicant’s eligibility for the visa. Be prepared to provide responses to inquiries regarding the history of the relationship, future intentions, and wedding plans.
5. Obtain approval for the K-1 visa.
The K-1 visa will be issued if the consular officer is satisfied with the application. The fiancé is subsequently permitted to travel to the United States and must marry the U.S. citizen petitioner within 90 days of their arrival.
6. Submit an application for a change in status.
After the marriage, the foreign spouse may apply for Adjustment of Status in order to become a lawful permanent resident (green card holder) in the United States. This entails the submission of Form I-485, Application to Register Permanent Residence or Adjust Status, along with the necessary supporting documentation.
How to Ensure a Smooth K-1 Visa Process
Prepare in advance: Begin the application process in advance to allow for potential delays and unforeseen complications.
Organize Documents: Ensure that all necessary documents are accessible and organized for each stage of the process.
Prepare for the interview: Ensure that all information is consistent and accurate by practicing answering common interview questions.
Seek legal counsel: Consult with an immigration attorney in San Diego for expert guidance if you are uncertain about any aspect of the K-1 visa process.