In its simplest terms, a K-1 fiancé(e) visa is a non-immigrant visa which permits a Foreign National to enter the United States for a period of ninety (90) days in order to marry a U.S. citizen with whom she/he has fallen in love. While a K-1 visa is technically a non-immigrant visa [a visa to enter the United States for a specific purpose (marriage) for a specific length of time (90 days)] it is handled through the various U.S. Embassies’ immigrant visa units because the intent is for the fiancé(e) to come to the United States permanently. The requirements in order to file a K-1 Fiancé(e) Visa (I-129F) Petition are:

1. The Petitioner must be a U.S. citizen;
2. The Petitioner must have physically met his/her fiancé(e) within two (2) years of filing the Petition;
3. The Petitioner and fiancé(e) must be legally free to marry;
4. The Petitioner must meet the U.S. Poverty Guidelines to support his/her fiancé(e) and any dependants once married; and
5. There must be a bona fide relationship and an actual intention to marry once the fiancé(e) arrives in the United States on the K-1 visa.

Those individuals who have filed two (2) or more K-1 visa petitions at any time in the past, or have previously had a K-1 visa petition approved within two (2) years prior to the filing of the current petition, must apply for a waiver.  Likewise, if  you have ever been convicted of any of the following crimes: domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, homicide, murder, manslaughter, rape, abusive sexual conduct, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or attempts thereof, and crimes relating to a controlled substance or alcohol on three (3) or more occasions, and such crimes did not arise from a single act.

The Fiancé(e) Visa process is essentially a three (3) Phase process.

PHASE I:  The USCIS Phase

The Petitioner must file an I-129F Petition with the appropriate USCIS Service Center that has jurisdiction. There are two (2) USCIS Service Centers which will process an I-129F Petition: Laguna Niguel, California and St. Albans, Vermont. Which Center the I-129F Petition will be filed in depends upon the State of residence of the Petitioner. The filing fee for an I-129F Petition is $455.00. Since two (2) of the four (4) USCIS Service Centers (Lincoln, NE and Mesquite, TX) no longer process I-129F Petitions, the remaining Centers are quoting six (6) months from receipt of a K-1 Petition until approval.

PHASE II: The National Visa Center Phase

Once the I-129F Petition has been approved, the National Visa Center will conduct a name and background check on the fiancé(e) and any child who will accompany the fiancé(e) on a K-2 visa.

PHASE III: The U.S. Embassy Interview

Once the name and background check comes back “clean,” then the approved case file is forwarded to the appropriate U.S. Embassy to schedule the fiancé(e)’s in person interview for the K-1 visa. The fiancé(e), and any accompanying child, will be required to have a medical exam at one of the approved and sanctioned medical facilities, usually in the Embassy city, the cost of which is between $100.00 to $165.00 per exam, depending upon the country. However, if the fiancé(e) cannot produce medical records to prove she/he and/or the child has been inoculated against certain diseases and/or conditions, the inoculations will be done at the time of the medical exam at an additional cost.

In addition, effective June 4, 2010 the fiancé(e) must pay the U.S. Embassy $350.00 for the K-1 visa and $350.00 for every K-2 (child’s) visa issued.

Some U.S. Embassies require that the medical exam fee and/or the visa issuance fee be paid in advance at a designated bank and a receipt obtained prior to the Embassy interview while others require the medical exam fee be paid at the time of the exam and that the visa issuance fee be paid at the time of the Embassy interview.

Further, there as some Countries such as the Philippines, which require additional steps, i.e. the fiancé(e) must attend a government sponsored lecture Commission on Filipinos Overseas (CFO) before she/he may depart the Philippines for the United States on the K-1 visa as well as pay a document verification fee.

When your fiancé(e) will receive her/his K-1 visa depends upon the U.S. Embassy. It could be the same day as, or a couple of weeks after, the Embassy interview. Once the visa is in hand, the fiancé(e) has six (6) months in which to use it to come to the United States. Some fiancé(e)s may wish to return home to say goodbye to family and friends and take care of personal/professional business while others may wish to come to the United States directly from the Embassy city. Whichever option the fiancé(e) chooses, upon entry into the United State there is a ninety (90) day “window” in which to marry. If you decide not to marry during this “window,” the fiancé(e) must return to her/his Country by the 90th day of entry into the United States.

ADDITIONAL/LAST PHASE

Once you have married your fiancé(e), you must then file the appropriate forms with the USCIS to adjust her/his status to become a Lawful Permanent Resident (LPR) and obtain a “green card.” Further, you may also wish to file applications for a travel document (Advance Parole) and permanent work authorization (EAD).

The above is meant only as a general overview. Each Country may have its own special requirements such as China, which requires a revalidation affidavit from the U.S. Petitioner and other Embassy forms specific to Chinese Nationals.