The K1 visa is issued to those who are outside the United States and wish to enter for the purpose of getting married to a US citizen. Once the petition is approved, the American Consulate or Embassy will issue a Fiancé (e) visa also known as the K1 visa. This visa is issued in the country where the alien resides. The US citizen should file Form I-129 F, Petition for Alien Fiancé(e) with the USCIS.
One who is engaged or contracted to be married is a fiancé(e). The marriage should be possible according to laws of the state in the US where the marriage will take place. The couple are required to have met in person within the past 2 years from the date of filing the petition. Some exceptions may apply to the requirement of having met in person. For example, it may be considered as inappropriate in some traditions for a man and woman to meet before marriage.
The K1 visa is a non immigrant visa. This visa only allows the foreigner the entry into the US to get married to a US citizen. The marriage must happen within 90-days of entry in to the US. On entry, an Immigration Officer will stamp the visa. After marriage, the couple should file the Application for Adjustment of Status, with all the necessary supporting documents.
The K1 Visa Process
The K1 visa process is no stroll to a candy shop. Applicants ought to undergo various levels of processing. Firstly, the US citizen has to file Form I-129 F, Petition for Alien Fiancé(e), along with the necessary documents at the nearest USCIS office having authority in the area of residence of the US citizen.
The American citizen and the alien fiancé(e) must complete Form G-325A, Biographic Information Sheet. This form provides information about parents, place of residence, employment during the last five years, and previous foreign residences, if any. Some consular offices will let the alien fiancé(e) sign the G-325A at the time of the interview.
Form I-134, Affidavit of Support, ensures that while the alien fiancé(e) is in the U.S. he/she will not become a public charge. If at all the alien fiancé(e) is in need of financial support, the US citizen, relative or a friend is committed to take financial responsibility. The person who signs the affidavit of support will be financially responsible and is referred to as the Affiant or the Sponsor
After the USCIS approves the petition, they will send it to the National Visa Center for further processing. It would later be sent to Embassy or Consulate in the country where the fiancé(e) lives. The fiancé(e) will then have to apply for a K1 visa at this consulate. The validity period of this approved petition generally is four months and can be extended further by the Consular Officers if the processing of the US fiancé(e) visa application is not complete.
Once all the submitted documents are verified, the Consulate will notify the foreign fiancé(e) about the scheduled interview. After having cleared the interview successfully, the fiancé(e) will be issued a single entry K1 visa that would be valid for 3 months, within which the petitioner and the alien fiancé(e) should get married. After marriage, the foreign spouse should apply to adjust status to that of a conditional permanent resident. After staying married after two years, the citizen and his/her spouse should file Form I-751 with the USCIS to remove the conditions on residence.
The fiancé(e) visa process is a long one and bureaucratic hassles are inevitable. The time limit cannot be stated exactly, as every office takes different times to process the application. It depends on the number of applications received at the particular office..