How to Apply for a Fiance's Visa & Their Requirements
The K-1 visa is for a foreign fiancé(e), also referred to as fiance or fiancee, of a U.S. citizen who is not yet married but intends to marry immediately after entering the country. If you are already married, you cannot apply for a K-1 visa. Instead, a family immigrant visa, I-130, must be filed. The K-1 visa process is long and is accompanied by many forms, documents, extensive interviews and over $1,800 in fees to reach the status of permanent resident. However, if your marriage is one of good faith, then there is nothing to hide and the application process is merely procedural.
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Instructions
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File Form I-129F, Petition for an Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS), a branch of the U.S. Department of Homeland Security Department. Only the U.S. citizen fiance or fiancee, can file this form on behalf of his/her foreign fiancee or fiance. The petition can be downloaded and printed from the USCIS website. State which U.S. embassy or consulate you would like to handle the visa. Accompany the petition with a $455 application fee in the form of check or money order made payable to Homeland Security. The fee must be sent along with the form at the time of submission.
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Wait for the petition to be approved by the USCIS. Once the petition is approved, it will be sent to the National Visa Center, and then to the U.S. embassy or consulate nearest to the residence of the foreign fiance. When the embassy or consulate receives your petition, you will be contacted to attend a K-1 application interview and instructed on where and when to obtain your medical examination.
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Complete the required forms that must be presented at the time of the K-1 visa interview. First, fill out Form DS-156, the Nonimmigrant Visa Application, online and print two identical copies. Next, download, complete and print form DS-156K. Both application forms are found at the U.S. Department of State website. Refer to the Resources section below for links to both forms.
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Gather all of the necessary supporting documents. Along with the application forms, you must present your passport, birth certificate, any death or divorce certificates, a police report from the country of your citizenship of all the locations you have lived since the age of 16, medical examination receipt, evidence of your financial support in the United States (USCIS Form I-134), two identical color visa size, or 50 X 50 cm, photographs with the face clear of any obstructions and the $350 application fee.
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Compile your evidence of relationship. The K-1 interview is accompanied by a grilling session with a consular agent in order to verify whether or not your relationship is a bona fide engagement or not. Due to the long history of sham marriages being used in order to obtain a green card, the USCIS requires that all K-1 applicants prove their relationship with evidence. Evidence includes photographs, phone records, plane tickets, emails, letters, birthday cards, online messenger conversations and even a timeline of your relationship from the moment of meeting. This part of the interview is oftentimes viewed as slightly invasive. However, the more evidence you have to show, the smoother your visa processing will be.
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Attend the interview. If you visa is approved, you must marry your fiance or fiancee within 90 days after entering the country. Failure to complete the legal marriage in time will result in a cancellation of the visa and deportation. After obtaining the marriage certificate, the alien spouse must apply for permanent residency by filing Form I-485, along with the $1,010 application fee, to the USCIS.
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References
Resources
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