I Need a K-1 Fiance Visa - Now What?

If you are a U.S. citizen getting married and your fiance lives in another country, this article gives you a brief overview of the K-1 visa process.

The first step is filing the I-129F Petition. In order to file this petition, you must be able to demonstrate through evidence that you and your fiance have met in-person within the immediate two-year period preceding the filing of the I-129F Petition. If you have met in-person, but the last meeting falls outside of the two-year period, you cannot file the petition or it will be denied. This can be cured by simply arranging for you and your fiance to meet in-person again before the Petition is filed.

Once the Petition is filed, it must be approved before your loved one can apply for the K-1 visa. The hardest news for many people going through this process to learn is that it usually takes more than 6 months before the Petition is approved. Therefore, if you meet the in-person requirement mentioned above, you should take steps to get the K-1 fiance Petition filed as soon as possible.

Once the K-1 fiance petition is approved, the case will be transferred to the National Visa Center for processing. The National Visa Center will then transfer the file to the Embassy where your fiance will apply for the K-1 visa.

During the interview at the Embassy, your fiance will be evaluated for eligibility for the K-1 visa. Upon issuance of the K-1 visa, your fiance can enter the U.S. Upon entry, you and your fiancée/fiancé must get married within 90 days and file the green card application. Marrying within the 90 day period after entry is critical and the deadline should not be missed.

The K-1 visa process involves many steps and all statutory requirements must be met in order for the process to be successful. It's best to work with an experienced K-1 fiance immigration attorney to ensure all requirements are met.

Omiga is the principal immigration lawyer at Cape Immigration Law Group, PLLC. We assist individuals and companies with applications for a broad range of non-immigrant visas, including H1-B, E-3, TN, O-1, L1-A and L1-B visas, green cards, fiance visa and more. We have extensive knowledge of the different types of visas and can help you apply for the visa most likely to be approved.