K-1 Visa - The Fiancee Visa Process

A K-1 Visa (also known as a Fiancee Visa), is a nonimmigrant visa which benefits fiancées of U.S. citizens. The petitioner files the application in the USA on behalf of the foreign beneficiary. The petitioner must provide detailed information and supporting documentation to establish that both parties are legally free to marry, have met each other within the last two years. In March of 2006, the law was changed to limit the number of applications a Petitioner can file, and the Petitioner must not have a disqualifying criminal history of sexual or partner abuse, or more than three drug or alcohol related convictions. The use of “marriage agencies” in the introductions, and any involvement must be also be disclosed. This law is known as the “IMBRA law”.

Once the fiancee visa petition is approved, the application will be forwarded to the National Visa Center. After clearance at the NVC, the petition is then forwarded to the U.S. embassy or consulate in the jurisdiction in which the fiancee resides abroad . The embassy will contact the fiancee and set up a date for an interview. Prior to the interview, fiance is required to have a medical exam at an embassy authorized doctor. They will look for certain infectious diseases like TB, HIV, Hepatitis, and any other types of contagious diseases. At the interview, the embassy officer will review all the required supporting documents that the beneficiary must bring to the interview. They will ask a series of question to determine the authenticity of the relationship. Because of the large numbers of fraudulent applications that are filed, they must confirm that the petitioner and beneficiary do have a valid relationship. If the interview is successful, the visa is then granted. However, it may take several days after the interview to actually receive the visa depending on the country.

The K-1 fiancee visa is valid for travel for up to six months to enter the USA, and marriage must take place within 90 days of entry. The beneficiary cannot legally marry any other person, and must leave the United States if not married to the petitioner. If the fiancée has children, and they were included in the original petition filed in the USA, then they will be issued K-2 visas.

After marrying, an “Adjustment of Status” or “AOS” must be filed that will convert the K-1 status to that of “Conditional Lawful Permanent Resident Status”. This is also known as the “Green Card process. This process can take up to one year after filing. The Conditional Permanent Resident Card can be converted before the two year anniversary to unconditional status. Citizenship can then be obtained after residing in the United States for a total of five years.

Jim Phair has been preparing the K1 fiancee visa and Spousal Visa appliations for 11 years. For more information, please visit his site located at American Fiancee Visas.