K-1 Fiancé/Fiancée Visa
US K-1 Fiancee Visa Information
To be able to enter the United States, all foreign nationals, often referred to as “aliens” need to apply for the appropriate visa according to the purpose of their visit. The K-1 visa is issued to a U.S. citizen’s fiancé who is currently residing abroad and waiting to enter the United States for the purpose of marrying a U.S. citizen. The K-1 visa will allow the fiancé to enter the United States and marry the U.S. citizen petitioner within 90 days of entry. After the marriage is registered with the U.S. government, the U.S. citizen petitioner can file the adjustment of status petition for legal permanent resident status (a green card). It is important to note that a K-1 fiancé can only apply for adjustment of status through the original petitioner.
Applying for a K-1 Visa
Our office can help you prepare and file the K-1 Fiancé Petition with USCIS. Our experienced attorney will guide you through the whole process.
To begin the K-1 process, our office files a petition with the USCIS office having jurisdiction over your current or intended residence in the United States. Our office will assist in the preparation of the petition and ensure that all the required documentation is included. Petitions lacking specific documentation will cause a delay.
Petitions for K-1 visas cannot be filed or approved outside the United States. USCIS will notify us when the petition has been approved and forwarded to State Department. The State Department is the agency in charge of performing a background check on the fiancé. They will then forward the petition to the U.S. Embassy or consulate for final processing. It often takes 4 to 12 weeks (or longer) for a petition to reach the Embassy. Each U.S. Embassy may process the K-1 Visa process differently. Click here for a List of American Embassies. Your petition is valid for 4 months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists.
After a consular officer has reviewed the case, your fiancé will be interviewed. The Embassy will contact your fiancé and explain the process of obtaining a medical exam and schedule an appointment for a visa interview.
The Embassy will consider requests for interview scheduling on the basis of official telegraphic notification from USCIS of petition approval on a case- by-case basis. In cases where the request is granted, the Embassy may request additional information from you regarding your marital history and the history of your relationship with your fiancé.
After a consular officer has reviewed the case, your fiancé will be interviewed. The consular officer will ask your fiancé questions about your relationship, such as how you met and when you decided to marry. The consular officer is required by law to verify that your relationship with your fiancé is real and that you do intend to marry within 90 days of your fiancé’s arrival in the United States. Your fiancé will be required to sign a statement regarding his or her legal capacity to marry and intention to marry. If everything is in order at the time of the interview, your fiancé should receive a visa the same day. Your fiancé and each dependent child will pay a non-refundable visa fee on the day of the interview. Supporting documentation will be placed in a sealed envelope and given to the spouse for presentation to USCIS at the port of entry.
After you marry your fiancé, we can also assist with the green card application process.
Contact us for more information about the K-1 petition or green card application.
Other information:
Case Law Updates
A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and (d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time that the adjustment application is adjudicated, if the applicant can demonstrate that he or she entered into bona fide a marriage within the 90-day period to the fiancé(e) visa petitioner. Matter of SESAY, 25 I&N Dec. 431 (BIA 2011)
For more information and advice on immigration issues, please contact my office at (949)228-3922 or email me at attorney@lawofficesofjackcsung.com to receive a free consultation with immigration attorney. Immigration law office located at 2975 Wilshire Blvd. Suite 352 Los Angeles, CA 90010. Click here to submit a consultation form to receive advice directly from immigration attorney. Click here to return to the home page.
Immigration Lawyers, Los Angeles
I just pulled together my I-129F application. Big problem, after waiting for 2 weeks to receive my fiance’s passport photo, G-325 signed and Letter of Intent signed, I realized we made a big mistake. I had forwarded him the G-325 form versus the G-325A form. Seeing it’s going to take up to 6 months and he’s already been gone 2, I was wondering if I can just add carrot and print in A above the G-325 title or do I have to wait another 2 weeks to receive a brand new signed G3-25? Are they interchangeable? Another option, could I print out the G-325A with the typed information and staple it to the G-325.
Dear Gabrielle,
I doubt that the G-325A will be a big issue. If USCIS wants G-325A instead of G-325, you will receive a request for evidence which will include the G-325A as part of the request.
Dr Sir,
What if the couple has met on a website that might not be complaint with the IMBRA?
For K-1 visa purposes, there has to be a physical meeting, or you have to apply for a waiver under economic hardship. Meeting via webcam does not satisfy the legal requirement of meeting in person under the law.