K1 Visa Questions

There certainly are no shortages of questions about the K1 fiance visa process. This article is a work-in-progress which contains some of the most common questions. I update this article as new questions arise.

Can I apply for a K1 visa if I have not met my fiance in person?

The short answer is yes. A waiver is available for those who are unable to meet this requirement. However, the waiver is only available under certain circumstances and is difficult to obtain. For example, waivers may be available where:

  • Long-standing culture tradition prohibits couples from meeting before marriage
  • Meeting requirement would cause extreme hardship to U.S. Citizen (i.e. serious handicap.)

How long does it take to obtain a fiance visa?

This question is listed second but it is probably the most common question. In my experience processing times vary greatly from time to time. In general, it takes between 6-8 months for the USCIS to process a I-129F petition from the date it is received. The USCIS publishes processing time reports monthly so you can look up the actual reported processing time. These reports are a good bench mark but its no guarantee and often cases are processed outside of the times indicated in the reports.

Obtaining the K1 approval is only the first step in the process. Once the K1 is approved it must be forwarded to the US Embassy abroad. This can take 1-3 months. Once the embassy receives the petition it can take an additional 1-2 months to process. Here is a link to the State Department website which lists waiting periods for visa interviews at US Embassies.

If all is done properly, a K1 application (under normal circumstances) should take no more than 12 months.

Can my fiance bring her children to the U.S?

Yes. Children who are under the age of 21 may accompany their parent. However, special circumstances may need to be addressed if the child is over 18 at the time of the marriage.

Phil

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