Guide to the K-1 Visa by a Fiancé Visa Lawyer

The legal team at Natalia Darancou Law offers immigration and nationality legal services tailored to each of our clients’ specific needs, including preparation of the K-1 visa that is often needed for couples to begin their lives together.

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The Purpose of the K-1 Visa

The purpose of the K-1 visa is to allow the foreign national fiancé(e) of a US citizen to temporarily visit the United States for the purpose of planning a wedding and getting married on US soil.

What is a K-1 Visa Exactly?

The K-1 visa is a nonimmigrant visa that offers 90-day admittance into the country for foreign national fiancés of United States citizens while planning a wedding. The foreign fiancé, under U.S. immigration law is the beneficiary of an approved Form I-129F, Petition for an Alien Fiancé(e). A K-1 visa can’t be issued to the foreign national until the U.S. citizen to whom they are engaged to be married files Form-129F with U.S. Citizenship and Immigration Services (USCIS) and the agency approves the petition.

Understanding the K-1 Visa - Darancou Law

K-1 Visa Eligibility Requirements

For your fiancé to be the beneficiary of your K-1 visa petition, certain eligibility requirements must be met, your fiancé visa lawyer will explain these in detail.

Don't Risk Your Future By Taking On The Process Alone!

The K-1 Visa Process

The K-1 visa process can be broken down into the following steps:

  1. As the U.S. citizen sponsor, you will file Form I-129F with the USCIS office that serves your place of residence.
  2. USCIS approves your petition.
  3. USCIS sends your approved petition to the National Visa Center (NVC) which assigns it a case number.
  4. The NVC will send the petition to the U.S. Consulate or U.S. Embassy abroad where your fiancé lives and send you a letter of instructions that you must share with your fiancé.
  5. Your fiancé must apply for the actual K-1 visa by completing Form DS-160, Online Nonimmigrant Visa Application and print out the confirmation page.
  6. Your fiancé must have a medical examination by an authorized panel physician. After their exam, the physician will either send the results to immigration officials or provide a sealed packet to your fiancé.
  7. Your fiancé will be scheduled for a visa interview, and your attorney will help prep them for the K-1 visa interview questions.
  8. Your fiancé must bring specific documents with them to the visa interview. Those documents must be translated into English and brought along with the originals. The required documents include:
    • The completed Form DS-160 confirmation page.
    • Their valid passport with a validity date that extends at least six months past their intended period of nonimmigrant stay (unless there are country-specific agreements that offer an exemption).
    • Their birth certificate.
    • Divorce certificates or death certificates for any previous spouses either of you may have to prove that you are both eligible for marriage.
    • Police certificates from their current country and any country in which they have lived for at least six months since they were age 16.
    • Documentation of the qualified medical exam if the doctor gave it to them. Make sure that if they received the sealed packet, that it remains sealed. Only the officer should open it.
    • Evidence that your intended spouse can financially support themselves or a Form I-134, Declaration of Financial of Support signed by you stating that you accept financial responsibility for them.
    • Two photographs that meet photo requirements.
    • Documents providing evidence of your relationship.
    • Payment to cover the fees of the K-1 visa process.
  9. Your significant other will be issued a sealed visa packet by the consular officer, and they will receive their passport containing the K-1 visa. No matter what, this packet must remain sealed. Make sure your fiancé knows that opening it is not part of the K-1 visa process. It must remain sealed!
  10. When your fiancé gets to a port-of-entry, they must provide the Department of Homeland Security officer with the unopened K-1 visa packet.
  11. You and your fiancé must be married within 90 days of their arrival at the U.S. port-of-entry.

Don't Risk Your Future By Taking On The Process Alone!

The K-1 Visa Processing Time

As with any visa petition or application for services offered by US immigration law, the K-1 visa processing time varies depending on many factors including back logs at USCIS, the NVC, and the individual consulate or embassy near your fiancé.

You can expect the K-1 processing time to take between seven and 16 months for an approval. You can avoid delays in the K-1 processing time by working with fiancé visa lawyer because we know exactly what USCIS officials and other federal officials need to see in a K-1 visa petition. We can also help ensure that your fiancé is prepared for their interview so that K-1 processing time delays aren’t triggered from a poor interview or lack of documentation.

The K-1 Visa Interview Questions

Your fiancé’s interview questions will be interrogatory in nature. The K-1 visa interview questions will include asking about their:

  • Name
  • Birthdate
  • Nationality
  • Spoken languages
  • City of birth
  • Employment

The K-1 visa interview questions will also require that your fiancé provides information about you as well. During the K-1 visa interview questions, officials will ask about:

  • Past marriages
  • Previous crimes
  • Any children either of you may have
  • Whether your fiancé has been to the U.S. before

The K-1 visa interview questions will also delve into your relationship history and the details of the marriage proposal. Your fiancé visa lawyer should prepare your fiancé for the K-1 visa interview questions and procedures because it’s an important part of the K-1 visa process. Often, it’s helpful if the U.S. citizen petitioner also attends the interview.

K-2 Derivative Visas of the K-1 Visa

As with most visas, derivative visas are available for unmarried children under 21 of the visa beneficiary. Your attorney will encourage you to apply for the children’s K-2 visas at the same time as you apply for the K-1 visa, but you can also petition for a K-2 visa anytime within one year of the K-1 visa issuance. Your immigration attorney should explain these derivative visas in detail, but be sure to mention any future stepchildren who may need a K-2 visa to your attorney.

How Much is a K-1 Visa?

“How much is a K-1 visa,” is a common and understandable question. The fees charged by immigration officials vary depending on whether additional forms must be filed and the cost of derivative visas. The general filing fee for the original petition is $675. The processing fee for Form DS-160 is $265. The medical examination usually costs between $100 and $400. Plus, you should budget for attorney’s fees and costs such as getting certified translations of documents, making copies, or ordering lost vital documents.

A Fiancé Visa Lawyer Can Help You Through the K-1 Visa Process

Natalia Darancou and the legal team at our firm will work skillfully to ensure a smooth K-1 visa process. Then, after the big day, we can help you navigate the incredibly complex process of securing a marriage green card  for your new spouse. Contact us today for a consultation.

 

 [DP1]Link to future marriage visa page

The Purpose of VAWA Immigration Benefits - Darancou Law