The K1 visa process is actually 3 separate but related processes. Each process requires the preparation and filing of various petitions and supporting documentation to either the Department of State or the Unites States Citizenship and Immigration Services (USCIS.) The 3 processes are: 1) K1 USCIS Processing; 2)Consular Processing; and 3) Adjustment of status. This article will discuss each phase of the process in further detail. If you have further questions about the K1 visa process please contact us for a free consultation.

USCIS Processing
USCIS processing is the first stage in the process. During this step the U.S. Citizen petitioner must file an application (Form I-129F) and required initial supporting documentation with the appropriate USCIS Service Center. If the petition is properly prepared it will be accepted by the USCIS and the petitioner will receive a receipt notice indicating that the petition has been received and accepted by the USCIS. Sometime thereafter the USCIS will review the petition in more detail and take one of three actions:

• Reject the petition
• Approve the petition
• Request additional evidence

In most cases, the petition will either be approved or the USCIS will request additional information. Most cases which are accepted for filing by the USCIS are not rejected without first issuing a request for additional information. Cases which are rejected are generally rejected only after a petitioner fails to properly respond to a request for additional evidence.

If the USCIS approves the petition it will forward the case to the U.S. Embassy in the beneficiary's country.

Consular Processing
When the petition is received by the U.S. Embassy abroad it will send your fiance an application package with several additional forms that must be completed. Every consular office has its own specific policies and procedures; however, generally speaking, the applicant is required to submit the consular forms and pay a visa fee. Once the forms are submitted and the fee is paid the applicant is scheduled for a physical examination with a medical doctor approved by the Department of State. Only after all these steps are completed will an interview be scheduled for your fiance where the visa application will ultimately be adjudicated. If the visa is approved, it will be mailed to the applicant within a few weeks or picked up at a location specified by the embassy.

Adjustment of Status
Adjustment of status is the last step in the fiance visa process. After the foreign national fiance has arrived in the U.S. and is married to the U.S. Citizen he/she must file a second petition with the USCIS requesting that his/her status be adjusted from that of a K1 non-immigrant to that of a lawful permanent resident.

At this state in the process, the applicant must file several forms (including, but not limited to, Forms I-485 and I-130.) The procedure moves forward as it did in step 1. However, in this step, after the application is accepted the applicant (foreign national) will be scheduled for an appointment at the USCIS Application Support Center to have photographs and fingerprints taken. After this, the USCIS will review the case and, if all is in order, will schedule an adjustment of status interview. Both the U.S. Citizen and the foreign national spouse are required to attend the AOS interview. Most AOS interviews are just a formality and do not involve any sort of trickery or high-pressure interrogation.

Assuming all is in order, the USCIS officer will approve the case. Shortly after the interview is over you should receive a welcome notice in the mail indicating that your petition for adjustment of status has been approved and welcoming you as a lawful permanent resident of the United States. Generally, you should expect to receive your "green card" in the mail within 1-2 months of receipt of the welcome letter.

The K1 process is a long and complicated process. If you would like assistance with your K1 visa case please do not hesitate to contact us.