Understanding the K1 Fiancee Visa Process

Understanding the K1 Fiancee Visa Process A K1 fiancee visa is a non-immigrant visa, which allows a foreign fiancà © or fiancà ©e (to simplify things, well use fiancee in the rest of this article) entry into the U.S. to marry a U.S. citizen. After marriage, an application is made for an adjustment of status for permanent residence. Obtaining the K1 visa is a multi-step process. First, the U.S. citizen files a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiancee will be allowed to complete the process to obtain a K1 visa. The foreign fiancee will provide additional documentation to the local U.S. embassy, attend a medical exam and visa interview. Filing the Fiancee Visa Petition The U.S. citizen (also knows as the petitioner) submits a petition for his or her foreign fiancee (also known as the beneficiary) to the USCIS.The petitioner submits Form I-129F Petition for Alien Fiance, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center.After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received.Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved.The USCIS Service Center forwards the petition to the National Visa Center.The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiarys embassy, as listed in the I-129F. Acquiring the Fiancee Visa The embassy receives the file and processes it locally.The embassy sends a package to the beneficiary that includes a checklist of documents that must be collected. The beneficiary will be instructed to send certain items back to the embassy immediately, while other items will be brought to the interview.The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy.Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview.The beneficiary attends a medical interview.The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case.If approved, the K1 fiancee visa will be issued that day or within the week, depending on the embassy. Activating the Fiancee Visa - Entering the U.S. The beneficiary will travel to the U.S. within 6 months of the K1 fiancee visa being issued.At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S. First Steps - In the U.S. The K1 fiancee visa holder should apply for a Social Security number shortly after entering the U.S.The couple may now apply for a marriage license. Watch your timing! Most states apply a short waiting period between applying for the license and the marriage ceremony. Marriage The happy couple can now tie the knot! The marriage must take place within 90 days of activating the K1 visa. After Marriage If the foreign spouse is making a name change after marriage, take the new Social Security card and marriage certificate back to the Social Security Administration office to make a name change on the card. Adjustment of Status Now its time to apply for an Adjustment of Status (AOS) to become a permanent resident. It is important to file for the AOS before the K1 expiry date, otherwise, you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.