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Fiancé Visa - The K1 Fiancé Visa Process and Procedure
What is the Fiancé Visa and who can file it?
A K1 fiancé visa is a nonimmigrant visa, which allows a foreign fiancé or fiancée (to simplify things, we'll use "fiancé" in the rest of this article) entry into the U.S. to marry a U.S. citizen. After marriage, an application is made for an adjustment of status for permanent residence.
Obtaining the K1 visa is a multi-step process. First, the U.S. citizen files a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiancé will be allowed to complete the process to obtain a K1 visa. The foreign fiancé will provide additional documentation to the local U.S. embassy, attend a medical exam and visa interview.
Filing the Fiancé Visa Petition
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The U.S. citizen (also knows as the "petitioner") submits a petition for his or her foreign fiancé (also known as the "beneficiary") to the USCIS.
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The petitioner submits Form I-129F Petition for Alien Fiancé, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center.
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After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received.
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Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved.
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The USCIS Service Center forwards the petition to the National Visa Center.
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The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiary's embassy, as listed in the I-129F.
Acquiring the Fiancé Visa
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The embassy receives the file and processes it locally.
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The embassy sends a package to the beneficiary that includes a checklist of documents that must be collected. The beneficiary will be instructed to send certain items back to the embassy immediately, while other items will be brought to the interview.
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The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy.
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Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview.
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The beneficiary attends a medical interview.
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The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case.
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If approved, the K1 fiancé visa will be issued that day or within the week, depending on the embassy.
Activating the Fiancé Visa - Entering the U.S.
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The beneficiary will travel to the U.S. within 6 months of the K1 fiancé visa being issued.
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At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S.
First Steps - In the U.S.
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The K1 fiancé visa holder should apply for a Work authorization Card with immigration and a Social Security number shortly after entering the U.S.
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The couple may now apply for a marriage license. Watch your timing! Most states apply a short waiting period between applying for the license and the marriage ceremony.
Marriage
After Marriage
Adjustment of Status to “Green Card”
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Now it's time to apply for an Adjustment of Status (AOS) to become a permanent resident. It is important to file for the AOS before the K1 expiry date; otherwise you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.
Removal of conditional status
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