Fiancé(e) visas K1
The Immigration and Nationality Act provides nonimmigrant visa classification (K-1) for aliens proceeding to the U.S. to marry American citizens. The marriage must be concluded within 90 days of their admission into the U.S. Following the marriage, the alien spouse must apply to the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) to establish a record of entry for Conditional Permanent Residence (CR) status. After two years, the alien must apply to the USCIS for removal of the conditional status and change to Lawful Permanent Resident (LPR) status.
First: To establish K-1 visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the Department of Homeland Security/ U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over the place of the petitioner's residence in the U.S. Note: Such petitions may not be adjudicated abroad. An approved fiance(e) petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer upon receipt of a written statement from the petitioner confirming that both petitioner and beneficiary are still legally able and willing to conclude a valid marriage in the U.S. Children under the age of 21 derive K-2 nonimmigrant status from the parent so long as the children are named in the petition.
Second: The USCIS office will forward the approved I-129F fiancé(e) visa petition to the National Visa Center ( NVC) Portsmouth, N.H. That office will conduct certain preprocessing procedures and then forward the file to the Embassy.
Third: The Embassy will notified an applicant and set appointment date.
Fourth: On the day of the visa interview the applicant will present all of the relevant documents required in support of the application. It is required to furnish the original of all documents and one copy.
Fifth: If the consular officer finds the applicant eligible for a visa, the visa will be issued within two days after the interview. The visa is valid for one entry within six months. After arriving in the United States, the fiancé(e) is eligible to apply for a work permit – Application for Employment Auhorization form I - 765. The marriage must be concluded within 90 days from the applicant's admission into the U.S. After the marriage the alien spouse has to apply for adjustment of status form I - 485 with the local USCIS office in the U.S. to change the status from non-immigrant to immigrant.
Information for Fiancé(e) of a US Citizen
For the interview, please prepare all the following documents for each petitioned applicant:
- Valid passport
- 2x DS-156
- 2x DS-156K
- DS-230 I,II
- Certified copy of a birth certificate
- Certified copy of a marriage certificate
- Certified copy of a divorce certificate, or death certificate
- Originals of all documents
- 2 photos (see info)
- Medical exam, not older than 6 months, (see info)
- Police report, not older than 6 months, for all applicants older than 16 years of age, from all countries where they lived for more than 12 months
- Court and prison recors
- Deportation papers
- Military service information
- The fee of $350 for each applicant, or in EUR
- Affidavit of Support form I-134, not older than 6 months
- Fill out, but please do not sign, affidavit for fiancée claiming the will to marry within 3 months after arrival to the USA
- Insured envelope (see info)
Pay the visa application fee in Euro. Note that the fee is non-refundable – if you pay and decide not to be interviewed for any reason, your money cannot be returned.
Following are the options to pay the visa application fee:
- Internet banking
- Payment order at any bank where you have an account
- Cash at the post office using the regular “U” type money order - Sample
All documents not in English, or in official language of the country in which application for a visa is being made, must be accompanied by certified English translations. Translations must be certified by a competent translator.
Only one copy of each document, exept for photographs must be submitted with the visa application. You are advised, however, to obtain the necessary documents in duplicate, as this will enable you to provide identical copies in the event the first set is lost or damaged.