To understand the K-1 visa process and processing times is very important. Especially if you’re couples planning to marry and live in the United States. Knowing the eligibility criteria, processing times, document requirements, and visa fees can actually help you better prepare yourself for the journey ahead. If you’re planning to bring your fiance to the United States, this guide will help you. It’s also useful if you’re just curious about the process. It will help you understand what to expect.
What is a K-1 visa?
In simple term, this is a type of visa, also known as the fiance visa, which allows a U.S. citizen to bring his/her foreign fiance to the United States to get married to one another. The couple must marry within 90 days of the foreign fiance’s arrival to the United States. After the marriage, the foreign spouse can now apply for a green card. This allows them to become a lawful permanent resident of the United States.
What is K-1 visa processing times?
The processing time depends on several factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) and the specific circumstances of the filling. On average, the entire K-1 visa process can take about 4-7 months. Below is a breakdown of the different stages in three simple steps:
- Form I-129F processing. This is where you as the U.S. citizen plays a role. You must file Form I-129F, petition for your foreign fiance, with USCIS. The processing time for this form is usually around 6 months.
- National visa center (NVC) processing. After USCIS approves the form I-129F, the NVC then receives the filling for processing. This process usually takes about 6-8 weeks.
- K-1 visa interview. After the whole filling have been completed and processed, the foreign fiance can now attend an interview at the U.S. Embassy or Consulate of their country. The wait time for this interview is typically around 1 month.
What are the K-1 visa required fees?
There are several necessary fees applying for a K-1 visa involves with. Below is detailed breakdown of the costs:
- Form I-129F filing fee. $675 (estimated)
- DS-160 visa application fee. $265 (estimated)
- Medical examination. The cost varies by country and can range from $100 to $500 (estimated)
- Adjustment of status fee. After your marriage, you and your spouse must file Form I-485. This form adjusts your status from K-1 visa holder to a U.S. permanent resident holder. The fee for this form is $1,440 (estimated)
In addition to these mandatory fees, there are also other expenses you can consider. Below is breakdown of this fees:
- Translation services. For instance, any of your documents that is not in English must have a statement. This statement should come from a certified English translator attesting to the document’s accuracy on your behalf. The fee for this service is usually around $20-$40 per page for certified translations of non-English documents.
- Travel expenses. The costs for either traveling to your medical exam, or to your visa interview.
- Document preparation. The fees for obtaining your official documents like your birth certificates, police certificates, your test results, etc.
How can I be eligible for a K-1 Visa?
To be eligible, both the U.S. citizen petitioner and the foreign fiance must meet some certain requirements. Below is breakdown of these requirements:
(1) Legal eligibility to marry. The both of you must be legally eligible to marry under U.S. law and under the foreign country law of the fiance involved. (2) Intention to marry. The couple must genuinely intend to marry within 90 days. This period begins with the fiance’s arrival in the U.S.
(3) In-person meeting requirement. The couple must have met in person. This should have happened at least once in the last two years. This must occur before filing the K-1 visa petition. The requirement ensures that the relationship involves more than virtual communication. It should not rely solely on mobile phones or computers. It must be genuine. Exceptions include situations where meeting in person violates strict cultural or religious customs of the couple. Another exception is if being together would be difficult for both of you, including financial otherwise. Also, to prove you have met in person, provide evidences like photos, flight itineraries, reservation itineraries, emails, chats, etc.
(4) U.S. citizenship. You must be a United States citizen is you’re the petitioner. (5) No immigration violations. Both you and your partner should have a clean immigration record. And also can’t be inadmissible to the United States for any reason.
What documents are needed for a K-1 fiance visa?
You will need to prepare the following documents to apply for a K-1 fiance visa:
For the U.S. citizen petitioner
- Form I-129F, Petition for Alien Fiancé(e)
- Proof of U.S. citizenship (copy of your passport, your birth certificate, or certificate of naturalization)
- Passport-style photos
- Your evidence of having met the foreign fiance in person within the past two years (e.g. photos, travel itineraries, etc.)
- Proof of a bona fide relationship (e.g. letters, emails, social media posts, etc.)
- Your financial documentation to show you can support the foreign fiance (e.g. tax returns, pay stubs, etc.)
For the foreign fiance
- Form DS-160, Online Nonimmigrant Visa Application
- Your valid passport
- Passport-style photos
- Your birth certificate
- Police certificates from all countries where the applicant lived for more than six months
- Your medical examination report
- Affidavit of your support (Form I-134) from the U.S. citizen petitioner
- Evidence of a bona fide relationship (same as above)
Additional documents that may be required for a K-1 visa
- Divorce decrees or any death certificates from a previous marriage (if any)
- Military records (if any)
- Evidence of any criminal history (if any)
- Proof of your name change (if any)
NB: All of your documents in a foreign language, if any, must be translated into English. You should make copies of all documents and keep the originals for your records. You also may need to provide extra documents or information at the request of the U.S. Citizenship and Immigration Services (USCIS) or the U.S. embassy or consulate. So it’s important to gather all the necessary documents and make sure they are properly prepared before submitting your application. Failure to do so may result in delays or even denial of your visa.
This guide provided you with detailed information on K-1 visa processing times, fees, and eligibility criteria. Remember to seek extra professional advice if needed. For more K-1 visa information, visit the official USCIS website. For the most up-to-date, specific document requirements, check the U.S. Department of State website.
Note: This information is for general knowledge only. It is not financial or legal advice. It is important to conduct thorough independent research. We don’t offer immigration or legal services. Individuals should consult with qualified professionals for personalized guidance.