K-1 Visa

Flowchart Checklist

Fiancé Visa

INA §101(a)(15)(K)(I)

The K-1 Visa is a temporary visa for a foreign national fiancé (Beneficiary) of a U.S. citizen (Petitioner). The visa allows the foreign national fiancé to travel to the U.S. in order to get married. The marriage must take place in the first 90 days of the foreign national’s entry to the U.S. After that, the foreign national can adjust status to permanent residence.

There are 4 Stages in the Process:

Stage 1:  File I-129F Fiancé Petition and Supporting Documents with Service Center

Forms

  • Form I-129F – Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa
  • Form G-325 – Biographic Information Forms for both Petitioner & Beneficiary

Documents

The primary supporting documents that we suggest be included in this first step are:

  • Declaration of Petitioner of how you met in person in the last two years.
  • Original Statements from both Petitioner and Beneficiary certifying an intent to marry within 90 days of entering the U.S. on valid K-1.
  • Proof of having met in past two years and Evidence of Relationship.
  • Passport-style color photographs
  • Proof of Petitioner’s U.S. citizenship – i.e. birth certificate; naturalization certificate; copy of biographic page of passport.

Stage 2: NVC Case Creation

Once the Service Center approves the I-129F, the case is transferred to the National Visa Center (NVC) for Case Creation.  Once NVC creates a case in its system, the K-1 petition is forwarded to a U.S. Consulate abroad where the Beneficiary lives for interview.

Stage 3: Consulate Interview

The foreign national fiancé (Beneficiary) attends an interview at a U.S. Consulate in their country of residence. If approved, the Consulate will issue a K-1 non-immigrant visa. The fiancé must enter the U.S. during the time period that the visa is valid.

Stage 4: Adjustment of Status to Permanent Resident

The couple will have to marry within 90 days of the Beneficiary’s entry to the U.S. The K-1 expires after 90 days of the entry. Once married the foreign national can file to adjust status to permanent residence.

An interview is required for both the Beneficiary and the Petitioner at this stage.