The K1 Fiance Visa Application

The K1 fiance visa is a non-immigrant visa that can be filed by a U.S. Citizen. The visa, if issued, allows the foreign national fiance or fiancee of the U.S. Citizen to enter the United States for the purpose of marrying the U.S. Citizen petitioner.

The K1 fiancee visa application is made by submitting a government form known as the I-129F to the United States Citizenship and Immigration Services or USCIS along with Form G-325A and a variety of required supporting documentation.

The USCIS will then process the petition. In some cases, the USCIS will send a notice to the petitioner requesting additional information. The USCIS will then make a decision to approve or deny the petition. A notice of this decision will be forwarded to the petitioner. If the petition is denied by the USCIS the petition may appeal that decision. If the petition is approved, the USCIS will forward the approved petition to the National Visa Center which then forwards the approved fiance visa application to the U.S. Embassy or consulate abroad with jurisdiction over the foreign national fiance's place of residence.

Generally speaking, this phase of the K1 fiancee visa application is fairly straight forward assuming the applicant and petitioner qualify and properly prepare and file the petition. The next step in the process, consular processing, is far more complicated and is the stage at which most fiance visas are denied.

At the consular level, the applicant must submit additional government forms, undergo a medical examination, and attend a visa interview with a consular officer. Many poorly documented K1 fiance visa applications are denied during the visa interview on the grounds that the fiance/fiancee relationship is not bona fide. If the interview goes well, the applicant will be issued a single entry K1 fiance visa which will allow he or she to enter the U.S. for a period of 90 days during which he or she must marry the U.S. citizen petitioner or depart the country.

After the marriage takes place the K1 fiance must apply to adjust his or her status to that of a lawful permanent resident.

This is a general overview of the K1 fiance visa application process. As with many things, the devil is in the detail. In these cases, details are what make or break petitions.

If you are considering applying for a K1 visa and would like some assistance please contact us for your free case evaluation.