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Monday, September 25, 2017

Fiance Visa USA – The K1 Visa

August 22, 2011 by Todays Immigration  
Filed under Visas

The fiance visa, othk1 fiance visa INARTICLEerwise classified as the K-1 visa, is a several step process.  If you are an American citizen and you want your foreign fiance to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiance (Form I-129F) for the fiance visa within the United States.   You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.  It must be filed at one of the USCIS field offices that serve your area. The processing time for the initial petition is about 3-6 months before the arrival of your fiance.  The more organized you are, and the better you follow the instructions, the fewer the delays.

Once the petition for your fiance visa is received by the USCIS it will need to be approved by an American Consular Officer.  Upon approval the beneficiary will be notified and given all the necessary forms needed for the fiance visa process to proceed. This is similar to most other applications for an immigrant visa or green card, so you will need much of the same documentation.

Then of course comes the famous interview process where the immigration officer will work to ensure this is a valid application, outside of the documentation submitted.  We will be putting together documentation to help you through the interview process so that you are prepared.  If you are found eligible the fiance visa will be granted, valid for one entry in the next six months.  Upon entry into the United States the wedding must take place with 90 days of entry.  Once the wedding has taken place the new, alien spouse can apply for conditional permanent residence status with the USCIS.  After a year and nine months, the spouse should apply to remove the conditional status.

What are the conditions of ineligibility of a fiance visa?

There are several conditions or activities that can make an applicant for the fiance visa ineligible.  Applicants applying for a fiance visa with these conditions are not eligible:
-  Having a communicable disease (ex HIV/AIDS)
-  Practicing in trafficking drugs or are drug addicts
-  Practicing polygamy
-  Have submitted fraudulent documents
-  Have overstayed their previous visa
-  Are likely to become a public charge
-  Have committed a serious crime(s) or acts
-  Are advocating the overthrow of the government
-  Have a dangerous physical or mental disorder and a history with that disorder that may endanger the well being of other people

The American consular officer will inform the applicant if they are ineligible for any of those reasons or the other reasons not listed above.  Further, they will also be able to inform the applicant for a fiancé visa if there is a waiver of the ineligibility and what that waiver procedure is.

What documents are required for the K1 fiance visa?

This is a general list of documents that you will most likely come in contact with during the process of applying for your fiance visa.  The American Consular Officer will notify the beneficiary (the fiance notified in the Petition Form 1-129F) when the approved petition is received and provide the fiance with the necessary forms and instructions to apply for the fiance visa or a “K” visa.  A fiance visa applicant is an intending immigrant and, therefore, must meet documentary requirements of an immigrant visa applicant.

These documents may include:
-  Valid passport (for the applicant and any dependent children)
-  Birth certificate (for the applicant and any dependent children)
-  Divorce or death certificate of any previous spouse (both for the petitioner and applicant)
-  Police certificate from all places lived since age 16 for a period of six months or more
-  Police certificate for any dependent children over the age of 16
-  Medical examination
-  Evidence of support (Form I-134, Affidavit of Support may be requested)
-  Evidence of a valid relationship with the petitioner
-  Photographs (each two inches 50 X 50 mm square, showing full face, against a light background)

It is always good to make copies of all the documents you submit just in case you need them for reference, but know that the original documents bearing the signatures and seals of the issuing authorities are required for submission.  Further if any documents are in a foreign language they should be accompanied by an English translation.   Once you have all the documents in order for the fiance visa, the fiance must notify the Embassy by returning forms DS-156 and DS-156K.

Once you are married, the fiance now spouse, will need to submit the I-485 Application to Register Permanent Residence, or adjust status by filing the I-864 to USCIS to change your status to conditional immigrant in the United States.

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