What is the K1 Visa, also known as the fiancé(e)s Visa, and how do you apply for one?

Applying for a Fiancé(e) K-1 visa is a multi-step process that allows U.S. citizens to bring their foreign fiancé(e)s to the United States for the purpose of getting married. Once married, the foreign national can apply for permanent residence (a "green card") in the U.S. Here's a detailed guide on how to apply for a Fiancé(e) K-1 Visa:

1. Confirm Eligibility

First, ensure both parties meet the eligibility criteria:

• The petitioner must be a U.S. citizen.
• Both parties must be legally free to marry at the time the petition is filed and must have remained so thereafter.
• The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
• The couple must have met in person at least once within the two years before filing the petition, unless meeting in person would violate strict and long-established customs, or would result in extreme hardship to the U.S. citizen.

2. File the Petition

The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form asks for information about both the U.S. citizen and the foreign fiancé(e), including proof of their relationship and plans to marry. Supporting documentation must be included, such as proof of meeting within the last two years, proof of the relationship, and a statement of intent to marry within 90 days of the fiancé(e) entering the U.S.

3. USCIS Decision

After USCIS receives the Form I-129F, they will review the petition. The petitioner will receive a notice of action (NOA) acknowledging receipt of the petition and later another NOA indicating the decision. If the petition is approved, USCIS forwards it to the Department of State's National Visa Center (NVC) for processing.

4. Apply for the K-1 Visa

Once the petition is approved and forwarded to the NVC, the foreign fiancé(e) will receive a case number. The next steps involve:

• Completing the Online Visa Application (Form DS-160).
• Scheduling a visa interview at the U.S. Embassy or Consulate in the country where the foreign fiancé(e) lives.
• Undergoing a medical examination by an approved physician.
• Gathering required documents, such as a passport valid for travel to the U.S., divorce or death certificates of any previous spouses for both the U.S. citizen and the foreign fiancé(e), police certificates from the fiancé(e)'s current country of residence and all countries where they have lived for six months or more since age 16, and evidence of financial support.

5. Attend the Visa Interview

The visa interview is a crucial step. The foreign fiancé(e) must bring all required documents to the interview. The consular officer will determine if the relationship is genuine and if the K-1 visa will be issued.

6. Visa Issuance and Entry to the U.S.

If the visa is approved, the foreign fiancé(e) will be issued a K-1 visa, which is typically valid for a single entry and for up to six months. After entering the U.S., the couple must marry within 90 days.

7. Adjust Status to Permanent Resident

After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident of the U.S. by filing Form I-485 with USCIS.

8. Follow-Up

The couple may need to attend an interview as part of the adjustment of status process. Once approved, the foreign spouse will receive a green card, granting them permanent residence in the U.S.

Tips for a Smooth Process

• Keep copies of all documents and correspondence.
• Be honest and thorough in your application.
• Prepare for the interview by reviewing your application and practicing questions.

Applying for a K-1 visa is a detailed process that requires attention to detail and patience. Following these steps carefully can lead to a successful application and the start of a new life together in the United States.