| US citizens have to file a K1 Fiance Petition for their | | | | bona fide (sincere, legitimate, truthful) intention to marry, |
| foreign national fiance to come to the USA. Navigating | | | | and: Are legally able, and actually willing, to conclude |
| this visa process may be an arduous and convoluted | | | | (finalize) a valid, legal marriage in the United States |
| task as there are many nuances from the initial filing of | | | | within ninety (90) days after the fiancée's arrival in |
| the I-129F Form to the final US Consulate interview, | | | | the United States. |
| and without proper understanding of how this process | | | | The USCIS approval process is merely the first step in |
| works could create undue and unnecessary delays in | | | | the K1 process. The State Department must review |
| reuniting with your loved ones. This article provides an | | | | the file at the Embassy prior to visa issuance, once the |
| overview of what to expect when you start your | | | | consular officer has reviewed the file and interviewed |
| fiance visa process. | | | | the applicant. USCIS approval is quite normal as they |
| A K visa is a non-immigrant visa which permits entry | | | | merely check if the forms were completed properly |
| into the United States as a non-immigrant with the | | | | and the basic requirements such as photos, filing fee, |
| specific intent that the entrant will enter into a marriage | | | | and visa forms are included. Consular Officers at the |
| with the US citizen fiance and adjust their status to | | | | US Embassy is charged with the responsibility to |
| become a Legal Permanent Resident (LPR) or | | | | investigate the background of the individuals, to make |
| commonly referred as a getting a "green card." | | | | an assessment of the applicant's admissibility, and the |
| Technically the K visa is a non-immigrant visa, it is a | | | | bona fides of the relationship during consular |
| hybrid visa because the entrant will enter the US with | | | | processing and the personal interview. |
| the intention of adjusting to an immigrant visa or green | | | | After entry to the US in K-1 status, the fiancee must |
| card. This classification is designed to expedite the | | | | marry the US citizen that filed the petition on the |
| entry of intending immigrants, unlike other non-immigrant | | | | fiancee's behalf, and this has to be within ninety (90) |
| visas such as the B-2 tourist visa where adjusting | | | | days of the individual's arrival in the US. Failing to marry |
| status is prohibited. | | | | the the petitioning US citizen will result in making the |
| The U.S. Citizenship and Immigration Services (USCIS) | | | | fiancee and any K-2 dependents removable or |
| is the US agency that is in charged of processing the | | | | deportable from the US. The 90 day period allows the |
| K visa cases. USCIS was formerly known as | | | | couple to see if they are compatible for marriage, |
| Immigration and Naturalization Service (INS) and the US | | | | similar to a "test run" before the green card application |
| Department of State. | | | | can be made. |
| The Immigration and Nationality Act (INA) provides for | | | | The foreign fiancée will only be allowed to remain in |
| the issuance of a K-1 visa to the fiancée of a United | | | | the US if she marries the original US citizen petitioner, |
| States citizen after a I-129F petition has been filed by | | | | and may not marry anyone else, regardless of |
| the US citizen petitioner has been approved by USCIS | | | | whether he's a US citizen. The K1 visa, once issued |
| or Regional Service Center. There must be sufficient | | | | and the fiancee has entered into the US, may not be |
| evidence that the couple have fulfilled the following | | | | changed to another visa category, nor can it be |
| requirements before the I-129F can be approved. Have | | | | extended. This is the American government's way of |
| previously, physically met, in person, within the two (2) | | | | ensuring that the couple either follow through on their |
| years preceding the date of filing the petition, unless a | | | | original petition or the fiancee has to return home. |
| waiver of this requirement is granted, and; Have a | | | | |